Unlike restraining orders in a divorce, parenting plan, modification of parenting plan, non-parental custody or parenting plan action, there does not need to be an open case to file for a domestic violence protection order. If there is an open case, you may still file for a domestic violence protection order if you are the victim of domestic violence.
A domestic violence protection order is typically initiated by petition and acquiring an emergency order. The other party must be served and will be typically be served by law enforcement. A return hearing is usually scheduled 14 days from the date of the emergency order at which time the court will hear from both sides to determine whether it should issue an order.
Domestic violence is defined under RCW 26.50.010 as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, sexual assault, or stalking as defined in RCW 9A.46.110 of one intimate partner by another intimate partner; or physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, sexual assault, or stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.
If you are in a situation where you are the victim of domestic violence or are being accused of committing acts of domestic violence and have any questions, feel free to call us to discuss your situation.
- 1 Lawyers in Pierce, King, and Thurston Counties
- 2 Experienced and Personalized Representation
- 3 Free 30-Minute Consultation With an Attorney
Fill out the contact form or call us at (253) 234-1934 to schedule your free consultation.