Violation of an order of protection is a serious matter. If you have been arrested for violating an order of protection, defend yourself by contacting a restraining order violation attorney in Washington, Vindicate Criminal Law Group.
Defending Against Claims of Violation of a Protection Order
Violation of a protection order is a gross misdemeanor in Washington, and will result in arrest of the person who violated the order. An assault in violation of the protection order is a Class C felony. However, the person being restrained must know of the protection order beforehand.
There are a number of other types of orders similar to protection orders. A no-contact order is an order in a criminal case of domestic violence, usually in place for the duration of the case and potentially after sentencing. Anti-harassment orders need not involve someone in a special relationship with the applicant and generally last for one year. A sexual assault restraining order will be issued where a court is convinced that sexually assaultive conduct has taken place, even if there is not a conviction. Out-of-state protection orders may be enforced in Washington in most circumstances.
As skilled sex crimes and domestic violence attorneys in Tacoma, Seattle, Lakewood & throughout Washington state, we have significant experience defending protection order cases and other criminal cases involving domestic matters, including allegations of assault, molestation, rape, and sexual abuse [link to respective pages]. We are prepared to act quickly to defend an order of protection hearing, and will thoroughly investigate the issues in your case and advise you of your rights. Contact us today for your confidential case evaluation, or call (888) 212-4824
The Order of Protection Process
Orders of protection – also called protection orders – are a type of restraining order specifically used in domestic violence and abuse situations. Where a family member assaults, stalks, or puts another in fear of imminent bodily harm, another family member can file for a domestic violence protection order. Most often orders of protection are filed by one spouse against another, either arising out of conduct towards one spouse or towards children in the household.
Orders of protection are civil orders of a court, which means that there do not need to be any criminal charges pending against the individual who is the subject of the order. The order is issued temporarily upon application by the alleged victim, and the subject of the order – the alleged abuser – does not need to attend or even be given notice of this initial hearing. Once a temporary protection order is issued, the person subject to the order must be served with the order, which is usually done by the sheriff or other law enforcement.
A hearing is set for roughly two weeks after the temporary order is issued, at which time the order can be made effective for a year or longer – even permanently, if no child is involved. Anyone who is the subject of a protection order is entitled to attend this hearing, and both sides may be represented by attorneys and present evidence. If you do not have notice of the hearing, or notice of the temporary protection order, it is easy to inadvertently violate the protection order.
An order of protection can have broad reach. It can restrain another from committing domestic violence, prohibit someone from contacting another or entering a shared residence, award temporary custody, order another to participate in counseling, and certain other things.