How to Prepare for an Order of Protection Hearing
What many people in the Seattle area refer to as “restraining orders” are actually legally called protection orders. Having a protection order issued against you puts you in a very difficult position. You can be arrested if you do something that violates the order, even unintentionally. These orders can prohibit you from seeing your children, interfere with your job, damage your reputation, and even get in the way of future relationships.
So, it makes sense to put as much effort as possible into defense at a protection order hearing. If you can convince the court that you did not commit the acts alleged by the person seeking the order against you, then you should be able to get the proceeding dismissed.
At Burke Brown Attorneys, PLLC, we are in King County Superior Court defending clients on protection order issues on a daily basis, and we see all too often that people subject to protection order petitions have no idea what they’re up against. Without the right preparation and a solid defense strategy, the court will side with the person who requested the order against you. Then if you are accused of violating the order in any way, you can find yourself facing criminal charges.
The best way to prepare for an order of protection hearing is to consult a defense attorney experienced in handling domestic violence issues as well as protection orders, and following their advice to the letter. Here are some of the issues you need to consider in preparation for a protection order hearing.
Order of Protection Process in Washington
Washington courts can issue several different types of protection orders, as well as restraining orders and No-Contact orders. No-Contact orders are issued by criminal courts while a criminal proceeding is ongoing, but a protection order is different. Someone who feels threatened by you—or who just wants to get revenge on you—can file a petition to ask a civil court to issue an order against you even if you haven’t been charged with a crime.
Temporary Orders
Courts in Washington have the authority to issue a protection order against you on an emergency basis even before you have a chance to defend yourself and present your side of the story. This type of order is temporary, lasting 14 days until the court can hold a hearing to decide whether a protection order should be issued for a longer term. The time while the temporary order is in force is your opportunity to prepare for that hearing, and it is important to fully understand and comply with the terms of the temporary order to avoid being arrested and charged with a crime for violating the order. It can be easy to violate an order without realizing it, so it is critical that you read the order and it is a good idea to talk to a knowledgeable attorney so that you understand just what you can and cannot do under the order.
Domestic Violence Protection Orders
By far the most common type of protection order issued in Washington State is a domestic violence protection order. These orders can be issued against a member of the family or household or a person who is an “intimate partner.” The person seeking the order must describe the acts of domestic violence committed against them by an intimate partner or a family or household member. Domestic violence is defined in RCW §7.105.010 as:
- Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or
- Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.
Other Protection Orders in Washington
In situations where someone wants to get a protection order against a person who is not a former partner or member of the family or household, Washington State offers several other options for protection orders including:
- Sexual assault protection orders
- Antiharassment protection orders
- Stalking protection orders
- Extreme risk protection orders
- Vulnerable adult protection orders
Besides protection orders, courts can also issue restraining orders such as family law restraining orders. The major differences between the types of orders often center on who is eligible to request the order and the circumstances when it can be issued.
If you are subject to any type of protection or restraining order, it is vitally important to stay in compliance because a violation of any type of order is a serious problem.
Preparing for Your Order of Protection Hearing
Generally, you will have no more than 14 days to prepare for your order of protection hearing, so you need to make the most of your time.
Developing Your Defense Strategy
To succeed in reaching your goals at the hearing, you need to understand what those goals are. You need to become familiar with the process, potential outcomes, and how to reach the outcome you want.
Gathering Strong Evidence
In a protection order hearing, the person seeking protection will present their side of the story first. To refute their story, you will need to do more than simply deny the allegations. You need to present evidence to refute the allegations. This might include photos, footage from security cameras, police reports, text messages, or the sworn written statements of witnesses.
Preparing Your Testimony
It is never a good idea to plan to improvise what you will say to the court in your defense. Instead, you need to list all the points you need to make and develop a clear narrative that presents these points in a logical order to make the maximum impact on the court. The best practice is to ensure you have the input from an experienced attorney because what you say or do not say and how you say it may not be on point, or worse, could make matters worse for you without you even knowing it. Be Ready for Court Procedures
If you will be representing yourself, you need to make sure that you are familiar with court procedures and protocol. The judge will expect you to know the rules and will not be lenient if you don’t follow them.
Guidance from the Right Defense Attorney Can Make All the Difference
Rather than trying to reinvent the wheel in 14 days, it makes sense to work with a defense attorney who understands how to mount the most effective defense in protection order hearings and domestic violence matters.
Potential Outcomes and Next Steps
The court can either grant or deny the protection order requested. If the court grants the order, it is essential to understand what to do to avoid a violation. Being subject to a protection order makes you look like a security risk, and the order is visible to law enforcement and anyone who conducts a search, so it is important to be careful with your actions. If you are accused of violating a protection order, you can be arrested and charged with a criminal violation or contempt of court with potential penalties that include fines and incarceration.
You can work with your attorney to file a request for modification or termination of the order, but you can only make a request once every 12 months, so it is critical to present your best case because opportunities are limited.
If You’re Facing a Protection Order Hearing, Contact Burke Brown Attorneys Today
Being subject to a protection order puts a target on your back. If you are accused of domestic violence or other offenses, you are more likely to be arrested and treated as guilty if you have a protection order on your record. The order is also visible to employers and others, damaging your reputation for years to come.
At Burke Brown Attorneys, PLLC, we know the dangers that come with protection orders and that’s why we fight so vigorously in protection order hearings. If you are scheduled for a hearing or someone is threatening to seek a protection order against you, you can take a step toward protecting yourself by scheduling a consultation to learn more about your options and the ways we can assist. To schedule a consultation, call us at 206-933-2414, contact us through our website, or email us at team@burkebrown.com.
