King County Criminal Defense Lawyer Helping People Handle Protection Order Proceedings
Civil protection orders often go hand in hand with a criminal investigation or charge. Other times, a party will seek a civil protection order because they believe they cannot get relief through the criminal process. While they are not the same as criminal charges, protection orders not only restrict people’s rights but can also reflect poorly on the restrained party and may damage their reputation and career. As such, having a solid defense to a civil protection order is critical. If a party is seeking a protection order against you or you need assistance obtaining such an order, it is advisable to contact an attorney to evaluate your options. Natalie Findley-Wolf of Findley-Wolf Law is a dedicated King County criminal defense attorney who is navigating the complexities of civil protection proceedings as well, and if you engage her services, she can help you take the measures necessary to protect your rights. Ms. Findley-Wolf regularly helps people with criminal matters in King, Snohomish, Pierce, and Skagit Counties.
Protection Orders Under Washington Law
Under Washington State law, civil protection orders provide essential legal protections for individuals facing domestic violence, harassment, stalking, or sexual assault. Civil protection orders are governed by the Revised Code of Washington (RCW) 7.105
Pursuant to RCW 7.105, grounds for seeking a civil protection order include instances of domestic violence, which is defined as physical harm, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking between family or household members. Family or household members encompass spouses, former spouses, individuals with a child in common, adult persons related by blood or marriage, individuals who have resided together, and individuals who have or are expecting a child together.
Civil protection orders may include provisions such as prohibiting contact between the parties, requiring the respondent to stay away from certain locations, or mandating counseling or treatment. Violating a protection order is a criminal offense and may result in arrest and prosecution.
The Burden of Proof in Protection Order Hearings
To obtain a civil protection order, the petitioner must file a petition with the court outlining the specific acts of abuse or harassment and providing evidence supporting their claims. Temporary protection orders may be issued ex parte, or without a hearing, if the court finds there is an immediate danger of harm to the petitioner or a family or household member. The temporary order remains in effect until a full hearing is held, typically within fourteen days, where both parties have the opportunity to present evidence and testimony. At the hearing, the court determines whether to issue a final protection order, which can last for up to one year or longer if extended by the court.
The petitioner bears the burden of proof in civil protection order hearings. It is important to note, however, that the burden merely requires them to establish the truth of their allegations by a preponderance of the evidence, which means that they must show that it is more likely than not that their assertions are true. This is a lower standard than the beyond a reasonable doubt standard imposed on prosecutors in criminal matters.
Defending against a civil protection order involves challenging the petitioner’s claims and presenting evidence to refute allegations of abuse or harassment. Respondents may argue that the alleged conduct does not meet the statutory definition of domestic violence or that the petitioner’s claims are false or exaggerated. Additionally, respondents have the right to cross-examine witnesses and present their own evidence in support of their defense.
Ms. Findley-Wolf’s Experience Handling Protection Order Hearings
Ms. Findley-Wolf has assisted dozens of clients in obtaining orders and defended against orders and appeals for such orders. Specifically, she has assisted clients with vulnerable adult protection orders, sexual assault protection orders, domestic violence protection orders, and anti-harassment and stalking protection orders. She has also worked with parents filing on behalf of their children and older teens filing or defending themselves in court. Protection orders often interplay with family law parenting plans or divorce proceedings, and Ms. Findley-Wolf works with clients’ family lawyers to ensure that the defense or implementation of an order is also thought out in co-occurring legal proceedings in family court.
Talk to an Experienced King County Criminal Defense Attorney
There is typically a quick turnaround from the time a party files a petition for a civil protection order and when the court issues a ruling on the petition – sometimes as little as a few weeks. As such, it is imperative that anyone involved in a case for a civil protection order obtain the assistance of an attorney as soon as possible. Natalie Findley-Wolf of Findley-Wolf Law is an experienced King County criminal defense attorney, and if you or someone you love is in need of or facing a protection order proceeding without counsel, she can help you seek the best legal outcome possible under the facts of your case. Ms. Findley-Wolf regularly represents people in civil protection order hearings and in criminal matters throughout Washington, including cities in King, Snohomish, Pierce, and Skagit Counties. You can call Ms. Findley-Wolf at 206.228.2800 to set up a free one-hour consultation. Phones are answered 24/7.