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Washington State Civil Protection Orders: How an Attorney Can Help

by | Sep 27, 2024 | Assault, Domestic Violence

If you’re seeking a civil protection order in Washington State, the process can feel overwhelming. As experienced attorney based in Pierce County, we offer professional services to guide you through every step of obtaining a protection order. Here’s an overview of what you need to know and how legal representation can significantly improve your case.

1. What types of protection orders are available under Washington’s RCW 7.105?

Washington State’s new RCW 7.105 consolidates several types of civil protection orders into one statute. The types of protection orders you can file for include:

  • Domestic Violence Protection Order: Protects against harm or fear of harm by family members, intimate partners, or roommates.
  • Anti-Harassment Order: Protects against behavior that seriously alarms or harasses without a legitimate purpose.
  • Sexual Assault Protection Order: For individuals who have been victims of non-consensual sexual acts.
  • Stalking Protection Order: Protects individuals from stalkers, including cyberstalking.
  • Vulnerable Adult Protection Order: Provides protection for vulnerable adults from abuse, neglect, or exploitation​.

2. Why should I hire an attorney to help with a protection order?

While it’s possible to file for a protection order on your own, hiring an attorney can greatly enhance your chances of success. Here’s what an attorney brings to the process:

  • Legal Expertise: we can help ensure that your petition includes the necessary details and evidence to meet legal standards. Many petitions are denied due to incomplete or improperly presented evidence. My expertise will help you avoid those pitfalls.
  • Preparation for Hearings: Protection order hearings can be intimidating. we will prepare you for court, helping you know what to say and how to present your case effectively.
  • Strategic Guidance: Each protection order type has its own nuances. we will help you determine which protection order is best suited to your circumstances and guide you through the legal requirements to meet the burden of proof.
  • Filing and Paperwork: The legal system can be complex, and missing documents or improper filings can cause delays. I handle all the paperwork, ensuring everything is filed correctly and on time.
  • Negotiation and Representation: In some cases, the respondent may contest the protection order. I will represent you during these contested hearings, helping to advocate for your safety and rights in front of the judge​.

3. How much does it cost to hire an attorney for a protection order?

The standard legal fee for representing a client in a civil protection order case is $5,000. This fee covers the full range of services from consultation to court representation. While this might seem like a significant investment, the peace of mind and increased likelihood of obtaining a strong, enforceable protection order often justifies the cost. Here’s what you get for this fee:

  • Comprehensive case analysis and consultation to understand the specifics of your situation.
  • Preparation and filing of the necessary legal documents, ensuring they meet court requirements.
  • Representation at the temporary protection order hearing and, if necessary, the full hearing.
  • Ongoing support and advice during the process, including assistance with any modifications or extensions of the order.

4. What does it cost to file a protection order in Washington?

Filing a protection order is free in most cases. There are no fees for domestic violence, sexual assault, stalking, or vulnerable adult protection orders. However, for anti-harassment protection orders, a filing fee of around $53 may apply, unless certain exceptions (like stalking or hate crimes) are met​.

5. What if the respondent owns firearms?

An attorney can be invaluable in cases where the respondent owns firearms. As part of your protection order, I can help you request an Order to Surrender and Prohibit Weapons. This will ensure that the respondent must immediately surrender any firearms to law enforcement, adding an extra layer of security for your protection.

6. Can I get a protection order for non-physical abuse, such as emotional abuse or cyberstalking?

Yes, Washington State’s new RCW 7.105 specifically includes protections for non-physical abuse such as coercive control, emotional abuse, and cyberstalking. As your attorney, we can help you present a strong case for non-physical abuse, ensuring the court understands the severity of your situation​.

7. How long does a protection order last?

Temporary protection orders typically last until the full hearing, which occurs within two weeks of filing. A final protection order can last for one year or more, and in severe cases, the court can issue lifetime protection orders. We can help you make the case for a longer-term or lifetime protection order if necessary​.

8. Can an attorney help modify or extend a protection order?

Yes, if your situation changes or the order is set to expire, we can assist you in modifying or extending the protection order. You should begin the process at least one month before the expiration to ensure continuity. I will handle all the legal filings and represent you at the modification hearing​

Conclusion

If you’re in need of a civil protection order in Pierce County, Washington, having an attorney by your side significantly improves your chances of obtaining and enforcing the order. For a flat fee of $5,000, I will provide full legal services to ensure your protection, from filing the petition to representing you in court. Reach out today to schedule a consultation and protect your safety and rights under Washington’s RCW 7.105.

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