Can I See My Kids During a Pending Domestic Violence Case in Washington?

Dealing with domestic violence charges can be difficult. Not only might you face serious criminal penalties, including jail time, but you might be unable to see your children or other family members while your case is pending. Even so, our legal team may be able to help you fight your charges and possibly see your kids while your case is pending.

When one partner accuses the other of some form of domestic violence or abuse, they can file for protection orders that prevent the accused from coming near them. Protection orders may also prevent people from being near their children. How long this lasts depends on the type of order in place, as they may be temporary orders or full protection orders that last longer. Depending on the situation, we can challenge these orders if they unnecessarily interfere with your ability to see your kids.

For a review of your case, call our Tacoma, WA domestic violence defense lawyers with the Law Offices of Smith & White at (253) 203-1645.

Seeing Your Children While a Domestic Violence Case is Pending

Domestic violence charges may make many aspects of your life very challenging. Just being accused of domestic violence is enough to interfere with your life and ability to be with your family.

When a person calls the police about an alleged domestic violence occurrence, the police may have greater authority to arrest a suspect. According to R.C.W. § 10.99.030(2)(a), law enforcement officials responding to a domestic violence call may arrest a suspect without a warrant if they have probable cause that a crime has been committed. In many cases, a person may be arrested largely on the word of the supposed victim.

Once a person is arrested for domestic violence, the alleged victim may go to the courts and file a petition for an ex parte protection order. This order may prevent you from seeing the alleged victim and any children you might share together. Not only that, but the order may be granted in your absence, and you may not have a chance to challenge it until after it is imposed.

Additionally, even if the other person does not pursue a protection order, you might be ordered to stay away from your family as part of your bail conditions. This is likely to come up if you are accused of domestic violence against your spouse or children.

How Temporary and Full Protection Orders Affect Your Ability to See Your Kids

Temporary protection orders may be granted without the defendant’s presence or even a full hearing.

According to R.C.W. § 7.105.305(1), a court may grant a temporary protection order if the petitioner (i.e., the alleged victim) alleges that they may suffer serious harm or injury without the protection order. The court may grant the order in your absence, but a hearing must be held on the matter later. Often, temporary protection orders expire once the case is complete and no longer pending.

If the order is granted ex parte, the court must schedule a date for a full hearing where you will have a chance to challenge the order. This hearing typically must occur within 14 days of when the petition for the order is filed.

Full protection orders are usually granted after a defendant is found guilty. Such orders may not be issued ex parte, and the respondent must be notified of the order, and there must be a full hearing. If granted, a full protection order may last for up to a year.

How Domestic Violence Charges Can Affect Custody Arrangements

If you share custody of your children with a current or former partner, they may seek to modify the custody arrangement to prevent you from seeing your children.

In many cases, custody arrangements are changed because courts believe someone charged with domestic violence might be unsafe to be around for young children. You do not even have to be charged with domestic violence against your children’s other parent.

For example, if someone assaults their current spouse, their former spouse with whom they share children can seek to alter their custody arrangement even though they are not directly involved in the domestic violence case.

If you are worried about losing custody of your children, you should seek help from a family law attorney.

Can I Challenge a Protection Order to See My Kids in Washington?

Protection orders are not as iron-clad as they may appear, and we may challenge them.

How we might challenge and modify a protection order is explained under R.C.W. § 7.105.500(3). Essentially, we must show that there has been a “substantial change in circumstances.” These changes should demonstrate how the restrained person will not engage in acts of domestic violence or abuse any longer.

For example, drugs and alcohol play a significant role in many domestic violence cases. To get a protection order lifted or modified so they can see their kids, a defendant may need to show that they have completed drug and alcohol treatment and rehabilitation.

We might instead argue that the order is unnecessary. The protection order might restrict you from seeing your kids, but we might present evidence showing you have never harmed your kids and that they are in no danger with you.

Evidence to Challenge Protection Orders

Challenging a protection order so that you can see your kids requires evidence. Our evidence should directly address the reasons why the protection order was put into place to begin with.

If the order was imposed because you were accused of domestic violence related to alcohol or drug use, we should show that you have completed rehabilitation or treatment programs. The longer you are go without substance use, the more likely we are to have the order changed to allow you to see your kids.

If you are accused of stalking or harassment, we might present evidence of your whereabouts in recent weeks or months. If we can demonstrate that you have stayed away from the alleged victim and have not had any contact with them, we may be able to modify the protection order.

How Long Am I Unable to See My Kids Because of a Pending Domestic Violence Case?

How long you might be prohibited from seeing your children depends on the terms of the protection order. Some orders are only meant to be temporary, while others might be more long-term.

A temporary protection order is just that: temporary. It is only designed to last for a brief period, usually until the pending case is complete. An ex parte temporary protection order may only last until a full hearing. Most only last a couple of weeks.

A full protection order may last much longer. Typically, these are only issued after a full hearing, and they may last for up to a year when kids are involved. The petitioner of the order may try to renew it, but they must present evidence to support their claims.

Hearings for Protection Orders in Washington

Protection orders may be granted without a hearing, but these only last for so long. Generally, for a protection order to keep you from seeing your kids for any significant amount of time, there must be a hearing. Similarly, if we want to change the terms of a protection order to allow you more access to your kids, we need another hearing.

If we request a hearing to challenge a protection order, we must come prepared with strong evidence to support your case. If we do not succeed, we may not be able to simply request another hearing. Under the law, we may only file a motion to modify or terminate a protection order once every 12 months.

Call Our Washington Domestic Violence Defense Lawyers for Legal Support Today

For a confidential review of your case, call our Washington domestic violence defense lawyers with the Law Offices of Smith & White at (253) 203-1645.