How Hard Is it to Fight a Protection Order in the State of Washington?
If someone is threatening to take out a restraining order against you or you’ve received notice that indicates you could be subject to a protective order in Washington state, you need to take some steps to protect yourself. You have the right to fight the protection order if you act quickly enough, so it can be helpful to contact an attorney experienced in handling protection order defense.
At Burke Brown Attorneys, PLLC, we have over 30 years of experience fighting protection orders and defending clients accused of violating these orders. We know that protection orders can be difficult to understand and the terms often impose restrictions that are completely unfair, and we also know how to advocate effectively to get protection orders dismissed. In this post, we look at the challenges you face when fighting a protective order and how to overcome the difficulties to achieve a positive outcome.
How Do Restraining Orders Work?
The orders that most people refer to as “restraining orders” are more officially known as “protection orders” in Washington state. These orders are issued most commonly in cases where someone claims to be the victim of domestic violence.
Protection or restraining orders prohibit someone from taking particular actions involving another person. They can be written very broadly, such as orders that say that you can’t have any contact with the person who requested the order. Or they can be very specific, such as if an order said you’re not allowed to go to the requesting person’s workplace between the hours of 9 a.m. and 5 p.m. While it may be fairest to create orders that only prohibit specific actions, it is often simplest for judges to issue broad no-contact orders, so you need to advocate effectively to limit the term of an order in case you are unable to prevent it from being issued entirely.
Types of Protection Orders
The protective orders courts can issue in Washington include:
- Domestic violence protection orders
- Stalking protection orders
- Antiharassment protection orders
- Sexual assault protection orders
- Extreme risk protection orders
These orders vary somewhat depending on the status and justification of the person requesting the order.
Who Can File
Someone who asks the court for a domestic violence protection order, which is the most common type of protection order, must demonstrate that they have a certain relationship or history with the person the order will be issued against. A domestic violence protection order can be requested when someone asserts that they have been the victim of “domestic violence” as defined in RCW 7.105.010. Generally, this involves a claim that a member of their family or household or someone they’ve dated has physically harmed or assaulted them or put them in fear of being physically harmed or assaulted. Stalking, sexual assault, and antiharassment protection orders may be sought by an individual who has experienced this conduct in the past and seek to protect themselves from a repeat in the future. Extreme risk protection orders limit access to firearms.
Why It Can Be Difficult to Challenge a Protection Order
While the law provides opportunities to fight protective orders, there is often an emphasis on protecting the rights of potential victims rather than those of the accused, and this can make it difficult to get an order dismissed unless you know how to make the right arguments.
Limited Time to Act
Courts often issue protection orders very quickly, and the person the order is issued against may have little or no time to prepare their defense. However, your attorney can ask for extra time, and the court is likely to grant the request if it is handled properly.
If you don’t respond by the appropriate deadline, you lose the opportunity to show why the order should not be issued. You may be able to work with an attorney to have the order modified, but you will need to comply with the restrictions in the meantime or risk a violation.
Serious Consequences
If you do something that violates a protection order, you can be arrested and charged with a separate criminal offense that carries the potential for fines and jail time. Even if the terms are grossly unfair or you don’t understand how your conduct violated the order, you could still be in serious trouble.
Burden of Proof
During proceedings to determine whether a protection order should be issued, the person seeking the order bears the burden of proof, but the standard of proof is quite low. Instead of having to prove “beyond a reasonable doubt” that you committed the wrongful conduct you’re accused of, the person seeking the order only has to prove the case against you by a “preponderance of the evidence.” Generally, they only have to present evidence to show that it is more likely than not that you committed the wrongful conduct. However, your attorney may be able to question the evidence or present additional evidence to refute the claim so that the person requesting the order is not able to meet even this low standard of proof.
When challenging a protection order that has already been issued against you, if you want to have the order removed or terminated, the burden of proof is on you to prove that you’re not a threat, and that is not an easy task.
Conflicting Accounts and High Emotions
The arguments for and against the issuance of a protection order often involve both parties providing their version of events with little or no conclusive evidence to back up their assertions. Moreover, the circumstances often trigger intense emotions. This can lead to chaos that is hard for the court to interpret, and in that case, the judge may err on the side of protecting the alleged victim at the expense of the person who is the target of the protection order.
Long Term Implications
Having a protection order issued against you not only affects your immediate future but also has long-term implications. You will be at a severe disadvantage in any custody proceedings, and may be restricted to only having supervised visitation with your children. The protection order will appear on your record when potential employers and others perform background checks, and it can prevent you from obtaining housing, jobs, and even permission to engage in certain volunteer activities. You face the potential loss of firearms rights. Perhaps most importantly, the damage to your reputation may be permanent, even when the allegations raised against you are completely false.
How We Can Help
An attorney with in-depth experience defending those accused of domestic violence and individuals facing protection orders can help fight protective orders in a variety of ways.
Investigation
To overcome the “he said she said” stalemate that can occur during protective order proceedings, your attorney can gather evidence to support your side of the story. This might include helpful witness statements, details from police reports, footage from security cameras, and information from other sources.
Challenge Credibility
In addition to bolstering your version of events, your attorney can weaken the arguments against you by pointing out inconsistencies in the stories told by the person seeking the protection order and challenging any other evidence presented against you.
Advocacy
When you work with an attorney with the right skills and dedication, your lawyer serves as your advocate to effectively convey your side of the story. Your attorney will help the court understand your perspective.
Negotiation
In addition to speaking for you in court, your attorney will also work to protect your interests in all phases of the proceeding, negotiating for mutually agreeable resolutions or modifications when appropriate.
Defense in Court
As your advocate and protector, your attorney should be prepared to aggressively defend you during all hearings and court proceedings, protecting your rights and working to secure the most beneficial outcome.
Need Help with a Restraining Order in Washington State?
When it comes to defense against protection and restraining orders, there are few attorneys in the Seattle area who can match the experience and dedication of Burke Brown Attorneys, PLLC. We refer to protection orders as wolves in sheep’s clothing because we know the devastating effects these seemingly simple orders can have on an individual’s life.
If you want to have a protection order dismissed or modified, we are ready to put our experience to work for you. To get started with a confidential consultation, call us now at 206-933-2414, email us at office@burkebrown.com, or contact us through our website.
