When individuals are in potential danger of violence from others, they can be shielded from that danger by protection orders issued by the court. These orders prohibit the restrained party from making contact with the protected person and can contain other restrictions and directions. In some cases, however, the petitioner obtains such orders based on misrepresentation, falsehoods, or exaggeration. In these cases, such orders can amount to an unjustified punishment and loss of rights for the alleged “abuser.” This often occurs in cases of domestic violence where one party seeks to gain control over the other through accusations that are not proven by fact, are made in the heat of the moment, or are done with an ulterior motive.
If you have been named in any type of protective order, you have the right to contest the order at the court hearing. You also have the right to defend yourself when accused of violating a standing court order designed to protect someone else. At Clark Law, P.L.L.C., we have represented numerous individuals who were unjustly accused of violent acts . The sooner you bring us into your case, the more effective we can be, as these types of court orders are better fought at the trial level than on an appeal.
Learn how our Spokane protection order attorney can help you by contacting us online or at (509) 800-5420 for a free consultation.
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Washington State provides several types of protective orders based on the circumstances of the alleged abuse.
These include:
Domestic violence protection orders involving those in an intimate, family, household, or dating relationship
Anti-harassment protection orders for unrelated persons, such as neighbors, friends, or business partners
Sexual assault protection orders designed to prevent any kind of contact, whether physical or not, between the alleged abuser and the abused
Vulnerable adult protection orders designed to protect the elderly against any kind of neglect, abuse, or financial exploitation from others
Those who claim to have been abused or threatened with abuse can petition the court for protection orders on an emergency, or more permanent, basis. These orders may be created because of disputes over pending divorce or child custody cases, to seek revenge for perceived wrongs, because of harassment, due to drug or alcohol use, or due to other relationship problems, such as jealousy or to justify ending a relationship.
As the respondent in a protective order, you may lose your gun rights, be forced to leave your home, or lose your ability to see your children. You may also be ordered to comply with other directions, such as mandatory anger management programs, drug or alcohol testing and programs, and more.
Violations of Protective Orders
If you are accused of violating any of the terms of a protective order, you can be charged with a gross misdemeanor, carrying penalties of up to a year in jail and/or a fine of up to $5,000. If the violation is a third offense or involved reckless endangerment or assault, you may be charged with a Class C felony, carrying penalties of up to five years in prison and/or a fine of up to $10,000.
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