What Happens If the Victim “Violates” the Order of Protection in Washington?
Protection orders in Washington state can cause all kinds of problems in ways people often do not expect. When the court issues a protection order against you, that order forbids you from taking certain actions, and if you do anything that violates the order, you can be found guilty of a crime and be required to face the very real possibility of jail time.
But what if the victim does something that disregards or invites a violation of the order? Does the victim get in trouble? Or does that mean the order becomes void? What happens next?
The law is not fair, and while the victim may not be penalized for doing something that undermines a protection order, the victim’s actions can put the restrained party in a very precarious position. If a protection order is issued against you and the person who requests the order seems to be ignoring it, you should contact an attorney for advice on how to respond without putting yourself at greater risk. In this situation, compliance with the terms of the order becomes more important and more challenging than ever. Here are some key factors to be aware of.
General Information About Protection Orders in Washington
In Washington state, the court can issue several types of protection and restraining orders. One of the most common is a Domestic Violence Protection Order, issued after someone asks the court to protect them from the threat of violence by a family member, dating partner, or another person in the household. Someone victimized by sexual assault can request an order known as a Sexual Assault Protection Order, and a person who is being harassed by unwanted contact or distressing behavior can seek an Antiharassment Protection Order. Courts also issue numerous other protection and restraining orders, and criminal courts frequently issue No-Contact orders after someone has been charged with stalking or another crime.
Generally, the person who requests the order—commonly thought of as the “victim”—is referred to as the “protected party” while the person the order is issued against is known as the “restrained party.”
The terms of the order may be different depending on the circumstances. Some orders prohibit all contact between parties, including contact through a third person. Other orders contain restrictions that are narrower, such as prohibiting the restrained party from entering the home or workplace of the protected party.
Can a Victim Violate a Protection Order?
A protection order is issued against the restrained party. It restricts what the restrained party is allowed to do. So in a technical sense, the protected party—the victim—cannot legally violate the protection order because it was not issued against them. However, if the victim does something that the protection order is designed to prevent, the action can have negative consequences for both parties.
Actions by a Victim That May Undermine a Protection Order
The victim can create problems with a protection order in numerous ways, particularly when an order limits or prohibits the restrained party from making contact with the protected party.
Initiating Contact
When a protection order prohibits the restrained party from contacting the victim, and the victim initiates contact by sending a text message, making a phone call, sending an email, or even posting on social media, that action can cause numerous difficulties.
Inviting or Allowing Contact
Protected parties often encourage restrained parties to violate protection orders by inviting them into the home or other restricted spaces or participating in dialog verbally or in writing.
Reciprocal Violations
In many cases, both parties engage in a conversation when contact is supposed to be prohibited or they fail to respect spatial restrictions.
Making False Accusations
If the protected party falsely accuses the restrained party of violating the protection order, that type of false accusation can put the victim in legal jeopardy.
Potential Consequences for a Victim Who Disregards a Protection Order
When the protected party does something that goes against the terms of a protection order, it can affect both them and the restrained party.
Legal Consequences
The restrained party is still required to follow the terms of the protection order even if the victim does not. So, if the victim initiates contact and the restrained party responds, then they can be held liable for violating the order and face criminal charges regardless of who started it. If you are subject to a protection order and the victim disregards the order, you need to be very careful how you act to avoid a violation.
The victim may not face criminal charges for doing something prohibited by the order, but their actions could possibly cause the court to modify or dismiss the order. Moreover, acting in disregard of the order can have a serious impact on other legal actions such as custody disputes.
Impact on Future Cases
Disregarding the terms of a protection order can cause the victim to lose credibility in ways that can impact them far into the future. If you have told the court that your partner is dangerous, for instance, and you invite them into your house, you are demonstrating that either your veracity or your judgment cannot be trusted.
What to Do When a Victim Disregards a Protection Order
While it is vital to contact an attorney for guidance when a restrained party has violated a protection order, it is also important to act with care and consideration when the victim has done something that undermines or disregards the terms of a protection order.
Seek Legal Counsel
Both the protected party and the restrained party need to understand how to protect their legal rights in this situation, so both should contact an attorney who is experienced in defending against allegations of protection order violations. At Burke Brown Attorneys, PLLC, protection order defense is a key part of our practice, so we can advise you about how to minimize any potential negative consequences and strengthen your legal position.
Document Everything
If there’s a potential violation, it is important to have evidence showing exactly just what happened. Save screenshots of text messages, emails, or any written records. If someone witnessed a violation, get their contact information. See if a doorbell camera or other device captured video footage or images. Your attorney can help you collect and preserve evidence of the violation.
Prioritize Your Safety
Don’t put yourself at risk, physically or legally. Continue following the protection order terms until the court officially modifies terms or dismisses the order.
Need Legal Guidance Regarding Protection Orders in Washington?
Living with a protection order is not easy, and one false step can trigger a landslide of negative consequences for protected parties as well as restrained parties. At Burke Brown Attorneys, PLLC, we work to protect our clients in all circumstances. You can rest easy knowing that we have the experience to guide you through the pitfalls and advocate on your behalf to reach a positive outcome.
If you are concerned about a protection order, we invite you to schedule a free confidential consultation to learn how we can help. Just call us at 206-933-2414, email us at office@burkebrown.com, or contact us through our website to get started with your free consultation.
