Domestic Violence Protection Orders

Domestic Violence Protection (DVP) orders under RCW 26.50 serve a vital function in protecting a spouse, domestic partner, or former romantic partner from misbehavior of the other party, from violence and threats of violence to stalking. (Unfortunately, they are sometimes mis-used for strategic advantage, as well, in divorces or custody battles.)

 

These DVP orders usually first issue from the court “ex parte,” which means without notice to the other person until he or she is served with the restraint.  Normally a fully hearing will be set within 14 days from the ex parte order being granted by the court, so that the restrained person can present his or her side of the story.

The penalties are severe for violating these orders, from a gross misdemeanor to a class C felony.  Even if you are completely innocent of the alleged domestic violence, you must obey the order unless and until it is changed in the full hearing.  To prepare for that hearing, as the person bringing the petition, or as the person defending against a petition, you need good legal help to prepare your facts for the court. 

Craig Mason of Mason Law, located in Spokane, Washington, can help you fully prepare for court, so that your story is heard. Call Mason Law at (509) 443-3681 today.

Understanding Protection Orders in Washington State.

Normally when people use the term “restraining order” they are seeking a court order for protection, to prevent contact that is harassing or abusive. This is a frequently misused term. A “restraining order” is one kind of court order, but there are in fact a number of different types of protection orders used to prevent contact.

Protection orders are put in place to prevent contact between two people. Contact could entail physical or personal interaction, phone or text contact, email or social media contact, or even communication through a third party. In many cases, protection orders also involve remaining a certain distance away from someone’s home, school, or place of employment.

Protection orders in the Evergreen State can be tricky.  They must be written correctly and served properly.  To achieve that, we suggest you contact Spokane family attorney Craig Mason.  Craig and his team have written many protection orders in Washington State and will make sure that yours has every i dotted and each t crossed.  Call him for an appointment in his Spokane office at (509) 443-3681.

Do You Need a Protection Order?

The courts in Spokane County issue an "automatic temporary restraining order" when a divorce is filed, and once it is served on the other party, that might be all you need (service on them) as it prevents changing the primary parent of the children, moving money beyond that needed for daily life, and orders the parties not to disturb the peace of the other.

If you think you need a stronger or more detailed protection order, then put together your facts, and let an attorney fit those facts to the legal options.

Please give me a call and we will review your options.  I am Spokane area family attorney Craig Mason.  I have advised my clients on the proper restraining orders to file for decades in the State of Washington.  Also, if you have been served with one of these please give me a call.  That number is  509-443-3681.  Let’s sit down at my office located at West 1707 Broadway in Spokane.

The Shelf-Life of an Ex Parte Order.

Ex Parte orders are usually temporary such as a restraining order or one for temporary custody.  In the state of Washington those orders are good for only a fortnight…14 days.  Having said that, it could still be the most excruciating two weeks of your life if you are unfortunate enough to be on the receiving end.

If you are served with an Ex Parte order, that notice of a full hearing is also served with your restraining order on the first or second page.  In most cases, you may be best served spending that time preparing for the hearing rather than just reacting to it without taking the proper legal action necessary.

If you wait until after the hearing to see an attorney that may be very detrimental to your cause.  If you have been the recipient immediately contact Craig Mason.  Attorney Mason is a Spokane area Ex Parte order defense attorney.  When you need a strong, thorough family attorney in Eastern Washington contact Craig Mason at (509) 443-3681.

“He said…She said.”

When a divorce proceeding degenerates to this, it can be a sign that things have turned nasty, and the courts tend to find both parties “equally” to blame.  If the conflict gets too "hot," in reality or by allegation, the court may enter some form of “no contact” order.

In the State of Washington, there are different types of orders designed to prevent contact between two people…even if those people have lived under the same roof for years.  This can take on many and varied meanings of “contact”.

In this day and age prohibited contact can include texting, emailing, Facebook, even the old-fashioned three-way communication where you have someone speak to another person on your behalf.  People are accustomed to referring all orders preventing contact as “restraining orders”.  The type of order and who issues it will more specifically determine the restraints.

Next time, we will examine these different types of orders and their meaning.  For now, if you are served with court papers don’t dread making that call to a lawyer.  Spokane area restraining order attorney Craig Mason will take action on your behalf immediately.  Give him a call for a consultation at (509) 443-3681.

The Proper Use of Your Time When Served with a Restraining Order.

When an ex-parte order is served in a divorce case the real work begins.  If you have the proper representation, then your attorney will know exactly how to prepare for the hearing which will take place in about two weeks.  How your attorney handles your case during this crucial period may ultimately affect the outcome.

As stressed-out individuals we often get caught up in responding to “temporary orders”.  These may include who gets the house, the car, who controls the bank accounts UNTIL the trial.  By the time we get around to hiring the proper family lawyer we may already be bogged down.  It takes patience and time to properly respond.

DO NOT WAIT to hire the right person!  That decision becomes easy when you discover the experience and credentials of Spokane, WA divorce attorney Craig Mason.  If your spouse was able to obtain an unjustified ex-parte restraining order Craig will handle it for you.  Call his office located at 1707 W. Broadway Ave. in Spokane at (509) 443-3681.

Quashing a Restraining Order.

Okay, so perhaps you got hit with a disturbing piece of paper to start the New Year…a restraining order.  Seriously, why now?  It does not matter when it happens, it hurts all the same.  You may feel distraught, but you are definitely NOT powerless!  It’s time to fight back and quash that restraining order.

If you act quickly in concert with a great family law attorney you can set in motion the process to quash any “no-notice” order on two-days’ notice to the other side.  Sometimes it can happen even more quickly than that, if you can get your defense together right away.  It is important to get to court BEFORE the hearing date set in the order.  For example, when an ex-parte order is served up to fourteen days before your hearing, and if you are restrained from your children, you do not want to wait that long to see them.

All of this may be overwhelming to the layman, but not to a veteran family lawyer.  The right man to call and take immediate action is Spokane restraining order attorney Craig Mason.  Attorney Mason will “go to bat for you” right away.  So do not hesitate even one day.  Call Spokane, WA family lawyer Craig Mason at (509) 443-3681.

Types of Restraining Orders.

There are three types of restraining orders that can typically occur in a family law action:   Anti-harassment (RCW 10.14), Domestic Violence (RCW 26.50); or civil restraints issued under the dissolution (RCW 26.09).

If there is a danger or physical harm or other irreparable harm, then you or your attorney can get an order good for up to 2 weeks without notice to the other side (based upon the possibility that the opposing party will commit the irreparable harm before the order prohibiting it can be issued on normal hearing times).  These “no notice” restraining orders are called “ex parte” orders, because you get to go to the court without the normal two-week notice to the other party, and without the other side having a chance to tell their side of the story before the emergency order is issued by the court.

Unfortunately, because these orders can allow the person making the allegations an opportunity to grab the children and the home without notice, they can be abused.  In which case you need to quickly gather your facts and bring a “motion to quash” the restraints.

Craig Mason will aggressively fight for you to get your facts to the court, whether you have legitimate concerns, or you have been abusively restrained.  Call him today to arrange for a free consultation at his Spokane office at (509) 443-3681.

Fighting a Restraining Order.

It may come out of the blue.  Suddenly you are served with a Civil Restraining Order under the dissolution of marriage in the State of Washington, or you are served with a Domestic Violence Restraining Order.  The opposing party can get an “ex parte” order (without advance notice to you) that is valid for up to two weeks until the hearing on the merits.

If the allegations against you are “hot” enough, the court will “play it safe” and issue the order giving the other party the home and the children until the hearing.

Obviously, these orders exist in the law to appropriately keep the peace or to prevent domestic violence.  However, an unethical attorney or pro se party will start a divorce with “hot” false allegations so that they can grab the children and the home, and put you off balance heading into the initial hearing in the case that sets temporary orders between the beginning of the divorce and its termination by trial or settlement.

When you need tireless, aggressive representation, rely on the decades of experience of Spokane Attorney Craig Mason.  Attorney Mason is an experienced and successful Spokane area restraining order defense attorney.  Should this devastating event of being handed an ex parte restraining order happen to you, call Craig Mason to set up a consultation right away at (509) 443-3681.