Can a Protection Order Be Challenged in Washington?
Yes, a protection order can be challenged in Washington, but the way you challenge a protection order varies based on the type of order that was issued, the facts of your case, and whether the order was a temporary order or was issued after a hearing.
A protection order can also limit the defendant’s activities such as where he or she can go, who he or she can contact, where he or she can live, and how he or she can contact protected individuals. In some instances a protection order can affect issues of child custody and the defendant’s right to possess firearms and other very important interests.
Even if you believe the Protection Order to be unfair or was issued based on false allegations, you must be concerned as the order was issued by a court in Washington and failure to comply with the terms of the order will result in further legal problems with the court.
An experienced Vancouver attorney can review the terms and conditions of your protection order, go over all of your rights and options with you and represent you in court to try and get your protection order removed.
What Is a Protection Order?
A protection order is a court order intended to protect an individual from threats, harassment, abuse, stalking, or domestic violence as defined by the laws of the State of Washington in which the protection order was issued.
Depending on the type of order, a judge may restrict a person’s ability to:
- Contact the protected person
- Visit the protected person’s home or workplace
- Communicate through phone, text, email, or social media
- Be kept away from the protected person by being restricted from coming within a certain distance from them.
- Possess firearms when legally authorized restrictions apply
- Enter certain locations
- Have contact with children in some circumstances
There are several types of civil protection orders available in Washington, including domestic violence protection orders, vulnerable adult protection orders, sexual assault protection orders, stalking protection orders and extreme risk protection orders.
Can You Challenge a Protection Order?
Yes.
While a person subject to a protection order has the right to a hearing and to object to the order’s issuance (depending on the status of the order and the type of order), the procedure and rights vary.
For example, in a domestic violence case, a party subject to a protection order has the opportunity to present evidence at a hearing on the matter to contest the allegations against that party. In an extreme risk case, a party subject to a protection order has the opportunity to present evidence at a hearing on the matter to contest the order and respond to the allegations against that party.
Note that different types of protection orders have different processes for hearings and objections.
What Is a Temporary Protection Order?
Temporary protection orders are issued before the full hearing of a protection-order case and the other party may not be given notice of the order before it is issued by the court.
The Temporary Protection Order is usually issued by the court when the Petitioner believes he or she needs protection immediately.
Temporary protection orders are issued before the full hearing on the matter and you will have the opportunity to appear before the court and present your side of the case at the later hearing.
Temporary protection orders that are issued by a judge as part of a hearing can also be subject to a later hearing where the person who was issued the order with be given the opportunity to present his or her side of the case. Therefore, a temporary order issued prior to a hearing should contain the following information in the body of the order:
- The hearing date
- Restrictions imposed by the order
- The protected person
- Areas you must avoid
- Contact restrictions
- Other conditions imposed by the court
Don’t wait until the hearing date to prepare for your case.
Why Would Someone Challenge a Protection Order?
People challenge protection orders for many different reasons.
A respondent may believe:
- The allegations are false
- The petitioner misunderstood an event
- Important facts were left out
- The order contains inaccurate information
- The alleged conduct did not occur
- The parties have a legitimate dispute that does not justify the requested restrictions.
- The order imposes restrictions that are not supported by the evidence.
- New evidence changes the circumstances
The Court will make a decision based on the applicable law and the evidence presented by the respective parties.
How Do You Challenge a Protection Order?
The first step is to identify the type of protection order that was issued and exactly what restrictions are placed upon you by that order.
Depending on the circumstances of your case, your attorney can assist you in the following ways:
- Review the Order
Read every page of the Order including the back. List out all of the restrictions as well as all of the dates and times that there are certain actions that need to be completed by.
Orders that appear to restrict only direct communication with the opposing party actually can prohibit other forms of communication with that party as well as contact with third parties through whom opposing party can be reached.
- Request the Appropriate Hearing
Even if an order is set for a hearing or review, you must follow the procedures and dates set by the court.
Missing a deadline for challenging a Protection Order can have serious consequences.
- Prepare Evidence
Evidence can help the court evaluate the allegations.
Potential evidence may include:
- Text messages
- Emails
- Phone records
- Social media communications
- Photographs
- Video
- Witness statements
- Employment records
- Location information
- Police reports
- Other relevant documents
Your attorney can advise as to what specific evidence is needed to support your position and how best to present such evidence.
- Respond to the Allegations
Both the party that applied for the protection order and the other party will present their case to the court and provide evidence to support their position at the hearing.
Your attorney will challenge to allegations that are unsupported by evidence and will present evidence to support your position.
- Request Changes When Appropriate
In some circumstances, all that you are trying to get is modification of certain provisions of an existing order.
Is a modification appropriate?
What Happens at a Protection Order Hearing?
A protection order hearing is a court hearing where both parties can present their case to the court.
The judge may review:
- The petition
- The existing order
- Evidence submitted by the parties
- Witness testimony
- Statements from the parties
- Applicable legal requirements
- The circumstances surrounding the alleged conduct
After reviewing the evidence presented by both parties, the judge will determine what the law permits and/or requires the judge to do with the evidence presented and the circumstances of the case.
Because protection-order hearings can move quickly, preparation matters.
Yes, when the evidence is relevant and properly presented.
Yes, if it is relevant and properly presented.
When false allegations are made against you, it is very important to gather evidence that proves the allegations to be false and then present that evidence to the court.
For instance, someone who has been falsely accused of sending threatening messages to another person can provide evidence of the actual messages sent and correspondence surrounding those messages.
Relevant evidence to prove an allegation to be false would include proof of your whereabouts at the time alleged by the other party in relation to having been at a certain location.
Your attorney will advise you as to what evidence is relevant to prove your case and what evidence would not be relevant.
Can a Protection Order Affect Child Custody?
It can.
A protection order may affect contact between parents or other family members, and be considered by the court in child custody matters.
You should discuss your children in detail with your attorney before attempting to violate any restrictions placed on you in relation to your children as set forth in the order.
Do not violate the orders of another party even if you feel that you have the right to see or contact your children.
Don’t assume you have the right to contact children even if the allegations against you are not true. Instead, work with your attorney to seek relief through proper legal process in order to modify the terms and conditions of the children as are set forth in the order.
Can a Protection Order Affect Gun Rights?
Do Protection Orders affect firearm rights?
Firearm restrictions for individuals subject to a Protection Order are governed by federal and Washington law and can be affected by a wide variety of factors including the type of Protection Order that has been issued against the individual and in some situations other circumstances.
Restrictions regarding firearm possession as a result of a protection order are typically fact specific and can be quite serious in nature. It is highly recommended that you seek the advice of an attorney regarding your individual circumstances.
What Happens If You Violate a Protection Order?
You should take every restriction seriously.
Additional legal action (even criminal charges) can be brought against you for violating a protection order.
Even if:
- The protected person contacts you first
- The protected person asks you to meet
- You believe the order is unfair
- You want to discuss your children
- You believe the petitioner wants to drop the order
Don’t assume the order has been dissolved or is no longer enforceable.
The only way a court can modify, terminate or dismiss a protection order is through proper legal process.
What If the Protected Person Wants to Drop the Order?
A protected person can tell you that they no longer need a protection order.
The fact that the protected person wants to drop the order does not mean you can ignore the terms of the existing order.
Follow the order until it is modified or withdrawn by the court.
You may need to speak with an attorney to find out what steps need to be taken to modify the restrictions in the protection order.
How a Protection Order Attorney Can Help
Challenging a protection order is more than simply telling the judge that the allegations in the petition are not true.
An attorney can help you:
- Review the protection order
- Explain the restrictions
- Identify important deadlines
- Prepare for the hearing
- Gather relevant evidence
- Organize documents
- Identify potential witnesses
- Challenge unsupported allegations
- Present legal arguments
- Request appropriate modifications
- Protect your rights throughout the proceeding
Additionally, the attorney can advise as to how the protection order proceeding will interact with another criminal or family-law matter.
Protection Orders and Criminal Charges
A protection order and a criminal case are not necessarily the same proceeding.
For example, allegations of domestic violence could result in a protection-order proceeding and also lead to criminal charges for example.
Information gathered in one proceeding can be used against you in the other proceeding. Therefore, it is very important that you exercise extreme caution when communicating with other parties and/or testifying in a proceeding.
It is extremely important that you seek the advice of an attorney before you speak about the underlying incident of domestic violence in any communications with others including your own attorney in the criminal case.
Why Choose Mcaleer Law?
Mcaleer Law is a law firm based in Vancouver, WA. We practice before all of the cities in the Clark County region and throughout the State of Washington.
We are aware of the many ways a Protection Order can affect your life including your family, your job, your home, and your contact with friends and family.
We can help you understand a Protection Order and assist you in responding to a Protection Order and help you with appropriate legal relief.
Our legal representation can include:
- Protection order defense
- Domestic violence defense
- Stalking allegations
- Criminal defense
- Hearing representation
- Evidence review
- Order modification requests
- Related family-law matters
Contact a Protection Order Attorney in Vancouver, WA
DO NOT ignore a Protection Order or violate its terms while deciding how to proceed.
A Protection Order can have serious consequences for you and your family. However, there are legal ways to defend yourself against false allegations as well as ways to modify the terms of a current Protection Order.
Mcaleer Law can review your specific situation and discuss possible legal options for you.