Can I Fight Against a Protection Order?

Challenging Protection Orders in Washington

In Washington State, protection orders, also known as restraining orders, are issued to safeguard individuals from potential harm or harassment. However, there may be instances where individuals find themselves subject to an unjust or unnecessary protection order. Protection orders completely prohibit you from contacting or being within a certain distance of the petitioner, the individual that the protection order is put in place for. This may make it challenging for the respondent to participate in daily life, especially if the two were married or living together prior to the protection order. Challenging such orders can be a complex process, but with the Law Office of Erin Bradley McAleer, one of our skilled attorneys will be able to offer legal guidance and a way to fight against the protection order put in place. If you are facing a challenging protection order in Washington State, our attorneys are here to help you.

Understanding Protection Orders

Before delving into the strategies for challenging a protection order, it is crucial to understand the different types of protection orders issued in the State of Washington.

Anti-Harassment Protection Order: An Anti-Harassment Protection Order is designed to protect individuals from unlawful behavior or harassment from any individual.

Stalking Protection Order: A Stalking Protection Order is intended to protect from stalking behavior exhibited by another individual.

Domestic Violence Protection Order (DVPO): A Domestic Violence Protection Order is issued to protect individuals who are victims of domestic violence, which includes physical harm, harassment, or stalking from a family or household member.

Sexual Assault Protection Order (SAPO): A Sexual Assault Protection Order is granted to individuals who have been victims of sexual misconduct or non-consensual intercourse by a person who is not a family or household member.

Vulnerable Adult Protection Order (VAPO): A Vulnerable Adult Protection Order is established expressly to protect vulnerable adults from threats, acts of abandonment, neglect, abuse, or financial exploitation. A “vulnerable adult” in Washington is defined as an adult with developmental disabilities, is residing in a facility or receiving in-home care, or is aged 60 or older who is unable to care for themselves freely.

Seek Legal Representation 

Hiring an attorney is the best step you can take towards fighting a protection order. A skilled attorney can guide individuals through the legal process, offer valuable advice, and present a strong case to challenge the protection order. Their knowledge of the intricate legal system and experience in similar cases will be invaluable assets.

Collect Evidence and Establish Facts 

To build a strong defense against a protection order, it is crucial to gather all relevant evidence and establish the facts in your favor. This can include text messages, emails, witnesses, or any other documentation that contradicts the petitioner’s claims. By presenting evidence that challenges the allegations, you can cast doubt on the petitioner’s credibility, providing a solid foundation for your defense.

Present Counterarguments 

When contesting a protection order, presenting strong counterarguments is crucial. This involves outlining alternative interpretations of events, questioning the credibility of witnesses, and highlighting any mitigating factors that might influence the court’s decision. By presenting a well-reasoned argument, backed by solid evidence, you can increase the chances of convincing the court to dismiss or modify the protection order.

Demonstrate Compliance and Rehabilitation

Another effective strategy is to demonstrate that you have taken steps towards rehabilitation and pose no threat to the petitioner. This can involve attending counseling or therapy, completing anger management programs, or participating in other relevant interventions. By showing the court your commitment to personal growth and change, you can help sway their decision in your favor.

How Can We Help You With Challenging Protection Orders in Washington?

Challenging a protection order in Washington State requires a comprehensive understanding of the law, strategic planning, and persuasive arguments. By seeking the guidance of a skilled attorney, collecting compelling evidence, and presenting a well-structured defense, individuals can improve their chances of successfully fighting an undeserved protection order. The attorneys at the Law Office of Erin Bradley McAleer understand that each case is unique and they will give each individual case the quality of care and service that it needs. Their skill and experience shine in this area as our firm has fought against hundreds of protection orders.

Don’t delay the legal assistance you need, call the Law Office of Erin Bradley McAleer at (360) 334-6277 to schedule a consultation with one of our attorneys today.