Domestic Violence

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Legal rights overview for domestic violence

Measures to take for an order of Protection, Restraining Order, Anti-Harassment Order, or No Contact Order.

ORDER OF 

PROTECTION

RESTRAINING ORDER

ANTI-HARASSMENT
ORDER

NO CONTACT ORDER

 

CIVIL ORDER RCW 26.50

CIVIL ORDER RCW 26.09, 26.26

CIVIL ORDER RCW 10.14

CRIMINAL ORDER RCW 10.99

Who may obtain?

"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.

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.

  • Prohibit harassment and contact of any kind.

  • Restrain party from coming within a specific distance from petitioner's workplace, school, residence, etc.

Prohibit contact of any kind while criminal case is active and can be a condition of sentencing. Protects a victim while waiting for trial.

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.

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.)

What is the cost?>

Filing fee is $20.00. Additional costs can include copy, service, and local surcharge fees. Fees may be waived.

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.

No Cost



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.

Violator may be arrested. Possible criminal or contempt charges.


Violator shall be arrested.

Inquire about a current case

Call the law enforcement agency or prosecutor in the case of jurisdiction.

Tumwater Police Department -  (360) 754-4200 

Thurston County Prosecutor (Tumwater and Thurston County cases) - (360) 786-5540 

Olympia Police Department - (360) 753-8300 

Olympia City Attorney's Office - (360) 753-8449 

Lacey Police Department - (360) 459-4333 

Lacey City Attorney's Office - (360) 491-1802 

Thurston County Sheriff's Office - (360) 786-5500 

Thurston County Prosecutor's Office - (360) 786-5540 

To File a Civil Protection Order

Call during business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m.

Family Court Clerk (children involved) (360) 709-3268 or  (360) 709-3267

District Court Clerk (no children involved) - (360) 786-5450 

Resources

Information about shelters and alternatives to domestic violence, women's shelter and other services are available to victims of domestic violence.

Washington State Domestic Violence Hotline 1-800-562-6025 The Washington State Domestic Violence Hotline is a toll-free, statewide service that provides information and referrals to victims of domestic violence. You can call the Hotline 24-hous a day/7 days a week. The Hotline is not associated with any law enforcement agency, and all calls to the Hotline are confidential.* Website: https://wscadv.org/get-help-now/

Crisis Clinic of Thurston and Mason Counties
(360) 586-2800 or 1-800-627-2211
The Crisis Clinic of Thurston and Mason Counties' mission is to empower people, especially those in crisis, through telephone intervention, and information and referral, every hour of the year.
Website: http://www.crisis-clinic.org/

Safeplace 24-Hour Sexual and Domestic Violence HelpLine
(360) 754-6300 or (360) 943-6703 (TTY)
SafePlace is the only advocacy agency and confidential shelter for survivors of domestic violence and sexual assault in Thurston County.
Website: http://www.safeplaceolympia.org/

Thurston County Family Justice Center (TCFJC)
(360) 754-9297
The TCFJC is a collaborative effort of the Family Support Center of South Sound, the Thurston County Prosecuting Attorney's Office, the Thurston County Sheriff's Office, and the Thurston County Clerk's Office. Our clients have access to civil legal support, protection orders, culturally appropriate advocacy, military advocacy, victim support in criminal cases, safety planning, housing, transportation and other emergency assistance. Translation services are available for non-English speaking clients. Services at the Thurston County Family Justice Center are client driven - designed with the assistance of survivors to ensure the safety and support of other survivors. Our top priority is to meet the needs of each survivor and her or his family.
Website: http://fscss.org/tcfjc/content/about.html