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• What is domestic violence?
• What is the legal definition of domestic violence?
• How can I protect myself and/or my children from domestic violence?
• How can I get help through the civil legal system?
• How can I get help through the criminal justice system?
• Important Information

What is domestic violence?

What is the legal definition of domestic violence?

• Hits you, assaults you (including sexual assault), or harms you physically in any way; or
• Causes you to fear immediate physical harm, assault or injury.

• A family member and/or
• Someone you live with or lived with in the past and/or
• Someone with whom you currently have or have had a dating relationship and/or
• Someone you have a child with.

• It doesn't matter that the person is related to you, or lives with you, or even has a child with you.  No one has the right to threaten or hurt you.

How can I protect myself and/or my children from domestic violence?

How can I get help through the civil legal system?

There are several types of court orders that may help protect you and your children from domestic violence.  The attached table explains the types of orders available, who may get them, how to get them, how much they cost, and other important information.  

A.    Orders for Protection

If you've been assaulted or threatened by a family member, someone you live with, a spouse or ex-spouse, or someone you're dating, you can get an Order for Protection.  When you request an Order for Protection, you're called "the Petitioner."  The person you want to have restrained is called "the Respondent." 

 B.    How do I get an Order for Protection?

You don't need a lawyer to get an Order for Protection.  You don't have to pay a fee to file a petition for an Order for Protection.  The forms are available in the District, Municipal, and Superior Courts throughout the state. You can also download the forms you need from the state courts website:  http://www.courts.wa.gov/forms/index.cfm?fa=forms.contribute&formID=16.  When you fill out a Petition for an Order for Protection you must write down specific facts under oath that support the existence of domestic violence.  The acts that you describe don't have to be recent acts of domestic violence if you're still afraid because of the past acts of domestic violence.

1. What if I need the Order immediately? A Temporary Order for Protection will be issued immediately when you fill out the petition and a judge approves it.  The sheriff will then give a copy of the Order to the Respondent.  You'll have a hearing for a permanent order two weeks later (sometimes called a "return hearing").  You can request a Temporary Protection Order in Municipal, District, or Superior court.  The clerk of the court where you file will tell you where the return hearing will be held.  The Respondent can attend the hearing to give his or her side of the story.  If the Respondent doesn't attend the hearing, and you can't prove that s/he got enough notice of the hearing, be sure to ask the judge to extend the emergency order until the Respondent can be notified and another hearing scheduled.  Otherwise, the order won't be effective, and you won't be protected until another order is entered.

2.  How can an Order for Protection help me? An Order for Protection can help you in many ways.  It can order the Respondent to stop having any contact with you at all.  It can order him/her to stop threatening, harassing, stalking or molesting you or your children, and prohibit harassment in person, by telephone or mail.  The order can also exclude him/her from your home, work, school, or the school or daycare of your children.  If you have children and/or pets together, it can also prohibit the Respondent from having any contact with the children and/or pets or set a visitation schedule for his/her contact with the children.  The Respondent can be ordered to attend counseling or have a drug/alcohol evaluation.  The order can also grant you the use or possession of essential personal effects or a vehicle.

3.  How do I use the Order for Protection? You should carry a certified copy of your order with you at all times.  Your order can only be enforced if you call the police to report a violation. 

4. Will the Order protect me outside of my county? Your Order for Protection will be entered in a statewide computer system and is enforceable throughout the state and in other states.

5.  When will the Order for Protection expire? It will be entered for a fixed period or permanently.  However, orders that protect children can only be entered for one year or less.  You can ask the court to renew the order before it expires.  The court must renew your order unless the Respondent proves that s/he's no longer a risk to you and/or your children.

6.  What will happen if the Respondent violates the Order? It's a crime to violate an Order for Protection.  If the Respondent violates the order, the police must enforce your order and arrest the Respondent.

C.    Restraining Orders

If you've filed a family law action such as a divorce, paternity, legal separation, non-parental custody petition, petition for a parenting plan, or a parenting plan modification, you may request a Restraining Order.  Restraining Orders are entered at first on a temporary basis, but may be made permanent at the end of the case.  A Restraining Order may order the Respondent to stay away from you and the children and exclude him/her from your home, workplace, daycare, or school.  The Respondent can also be ordered not to remove the children from the jurisdiction of the court.  Other restraints may be added if appropriate.

The Restraining Order can be enforced in the same way as an Order for Protection.  If you report that the Respondent violates the order, the police must enforce the order by arresting the Respondent.

D.    Anti-Harassment Orders

How can I get help through the criminal justice system?

A.    Call the Police

If you've been hit or hurt, physically assaulted, sexually assaulted, if your property's been damaged or destroyed, if you've been threatened with a weapon, or someone is stalking you, you're the victim of a crime.  It's also a crime for someone who doesn't live with you to force his/her way into your home.  As a victim, you should call the police.  The police are there for your protection.  They must make a report, inform you in writing of your rights as a domestic violence victim, and make sure you're not in continuing danger.  When you're the victim of a crime, the person who hurt you is called "the perpetrator." 

The perpetrator can be arrested.  The police must arrest the perpetrator if:

1. S/he's your spouse or former spouse, someone you live with or have lived with, someone you're related to by blood or marriage, or someone with whom you have a child in common, and
2. There's reason to believe the perpetrator has assaulted you within the last four hours and you were hurt by that assault.

The police may arrest the perpetrator even if the assault happened more than four hours ago if they have evidence that an assault occurred.  If an arrest is made, the perpetrator may be out of jail in a few hours, so you still need to take steps to protect your safety, such as having someone come to stay with you or taking your family to a friend's home or a domestic violence shelter.  Note: the police must arrest the perpetrator even if you don't have an Order for Protection or restraining order against him/her.

B.    Press Criminal Charges

If you didn't call the police at the time of the incident, you may do so later.  Ask them to take a report and have charges filed.  Generally, police reports are sent to your City Attorney or Prosecuting Attorney, who decides whether or not to file criminal charges.  If no charges are filed, you're entitled to written notice and information on how to ask that charges be filed.

C.    Testifying in a Criminal Trial 

If charges are filed, you'll probably have to go to court to testify about what happened.  The prosecuting attorney or city attorney doesn't represent you.  They represent the "State."  You participate in the criminal case as a witness for the State.  The prosecuting attorney or city attorney should spend some time with you before trial discussing your testimony.  Call them if you have any questions.  Many offices will give you an advocate to help you through the process.  You should request an advocate if you will have to testify in a criminal case. Sometimes it takes several weeks or even months before a case comes to trial. 

D.    Ask for a No-Contact Order 

If you're afraid that the perpetrator might hurt you again, tell the advocate or the prosecuting attorney or city attorney that you want a No-Contact Order.  This is a court order prohibiting the perpetrator from having any contact with you before the trial.  If you report a violation of the order, the police must immediately arrest the perpetrator.  (It's a bad idea for you to contact the perpetrator at all when you have a no-contact order, because the police may not enforce it as well if you do.)  A no-contact order is different from the other orders discussed above, and is described in the attached table.

E.    The Perpetrator Can be ordered Into Treatment 

If the judge finds the perpetrator guilty of a crime of domestic violence, the judge can require him/her to do several things.  For example, the judge may continue the No-Contact Order for a period of time.  The judge may order counseling or alcoholism treatment.  The perpetrator can also be required to pay you for your medical expenses and property destruction, and may be placed on probation.  In addition, if the assault was severe or the perpetrator has a criminal record, the court may order jail time.

F. Victim's Compensation

Important Information

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