| City of Tumwater
Police Department
Legal Protection from Domestic Violence
If you are the victim of domestic violence, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior or district court requesting an order for protection from domestic abuse which could include any of the following:
A. An order restraining your abuser from further acts of abuse;
B. An order directing your abuser to leave your household;
C. An order preventing your abuser from entering your residence, school business, or place of employment;
D. An order awarding you or the other parent custody of or visitation with your minor child or children; and
E. An order restraining you abuser from molesting or interfering with minor children in your custody.
The forms you need to obtain a protection order are available in any district or superior court.
|
ORDER OF PROTECTION |
RESTRAINING ORDER |
ANTI-HARASSMENT
ORDER |
NO CONTACT ORDER |
| WHO MAY OBTAIN? |
CIVIL ORDER RCW 26.50 |
CIVIL ORDER RCW 26.09, 26.26 |
CIVIL ORDER RCW 10.14 |
CRIMINAL ORDER RCW 10.99 |
| "Any person who is a victim of domestic violence or fears violence by a "family or household member." (Persons who are married, have been married, or have a child in common, adult persons who are related or who resided) together and persons 16 years and older who have been/are dating) |
Married persons or persons with a child in common who are filing for divorce, legal separation, custody, or to determine parentage. To qualify, a person does not need to have experienced assault or threats of violence. |
Persons who are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose. Person does not need to have a relationship with the person harassing them.
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A person who has reported an incident to the police. Criminal charges must be pending or filed. May be a condition of sentencing. |
| WHAT CAN AN ORDER DO? |
- Prohibit contact of any kind.
- Remove abuser from shared residence and prohibit from entering.
- Give temporary custody of children and set visitation schedule.
- Order abuser into treatment/counseling.
- Can be tailored to individual needs.
|
Can do all that an Order for Protection does. May also order child support, order maintenance income, assign property to either party, and establish permanent child custody or use of family home.
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- Prohibit harassment and contact of any kind.
- Restrain party from coming within a specific distance from petitioner's workplace, school, residence, etc.
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Prohibit contact of any kind while criminal case is active and can be a condition of sentencing. Protects a victim while waiting for trial.
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| HOW IS AN ORDER OBTAINED? |
Can be obtained in district or superior court. The court will review the paperwork and grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing and temporary order. A hearing is scheduled within 2 weeks at which time the court may deny the petition or grant an order effective for up to one year or more.
Forms and instructions are provided by the County Clerk's Office. |
Can be obtained in superior court as part of a family law action such as divorce, legal separation, custody action or paternity determination. A temporary restraining order can be filed at the time of a civil petition and signed by the judge effective until the preliminary hearing. Many persons obtain attorneys to represent them for this process. The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child. |
Can be obtained in district or superior court. Person files a petition which involves filing out paperwork. After reviewing your petition, the court may grant or deny a temporary emergency order effective for up to 14 days. the other party is served with the petition, notice of hearing and temporary order. A hearing is held within 14 days at which time the court may deny the petition or grant an order effective for up to one year. Forms and instructions are provided by the County Clerk's Office.
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A crime must first be reported to the police. If the abuser has been arrested or issued a citation, the victim may ask the prosecutor to request a no contact order. (In some jurisdictions, orders are issued via the police or jail.)
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| WHAT IS THE COST? |
Filing fee is $20.00. Additional costs can include copy, service, and local surcharge fees. Fees may be waived.
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Filing fee is $110. (plus possible local surcharge) by may be waived. Additional costs can include copy, service and attorneys fees. |
Filing fee is $31.00 in district court and $110.00 in superior court. Additional costs can include copy, service and local surcharge fees. Fees may be waived.
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No Cost
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| WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED? |
Mandatory arrest if abuser violates "restraint" provisions or enters a residence where prohibited from entering. Possible criminal or contempt charges. |
Violator may be arrested. Possible criminal or contempt charges.
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Violator may be arrested. Possible criminal or contempt charges.
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Violator shall be arrested.
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If you have a court order, it is important to remember:
- Keep a certified copy of your order with you at all times.
- The order is enforceable throughout the State of Washington.
- If there is a violation of your court order, call 9-1-1 or your local police. Tell them you have a court order and it is being violated.
Whether or not you have a court order, if you are being harassed, threatened, or assaulted, cal 9-1-1, or your local police!
TO FIND OUT MORE ABOUT YOUR CRIMINAL CASE, CONTACT DURING BUSINESS HOURS: (8am-5pm M-F)
| TUMWATER POLICE DEPARTMENT |
754-4200 |
| TUMWATER CITY ATTORNEY |
754-4121 |
| OLYMPIA POLICE DEPARTMENT |
753-8300 |
| OLYMPIA CITY ATTORNEY |
753-8449 |
| LACEY POLICE DEPARTMENT |
459-4333 |
| LACEY CITY ATTORNEY |
491-1802 |
| THURSTON COUNTY SHERIFF |
786-5500 |
| THURSTON COUNTY PROSECUTOR |
786-5540 |
TO FILE CIVIL PROTECTION ORDER DURING BUSINESS HOURS (8am-5pm M-F)
| FAMILY COURT CLERK (children involved) |
709-3275 |
| DISTRICT COURT CLERK (no children involved) |
786-5450 |
Information about shelters and alternatives to domestic violence is available from a state-wide twenty-four hour toll-free hotline. the battered women's shelter and other resources in your area are:
| DOMESTIC VIOLENCE HOTLINE |
1-800-562-6025 |
CRISIS CLINIC
LONG DISTANCE |
586-2800
1-800-627-2211 |
| SAFEPLACE |
754-6300 |
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