Protection Order Lawyers and Attorney Defense Under Washington Restraining Order Law
Protections Orders (which often involve no contact and domestic violence allegations (fase or not)
) are a subset of what the court or law calls "Restraining Orders". They apply equally to finances in
divorce as they do supervised vistation and custodial rights or loss of custody. Most
people do not know that financial restraining orders are entered in many divorce cases. Perhaps
more than the no contact orders that sometimes call for a divorce lawyers to also handle the criminal defense
side of DV charges.
Sometimes it is necessary to stabalize a situation very quickly. Whether the
issue is domestic violence, custody, or even financial matters, restraining orders
are how the courts temporarily protect against serious harms. (DV no contact/protection
orders are just a subspecies of restraining orders, but can be more lethal because
violations can be as simple as speaking to a friend about the situation and that
friend inadvertantly contacting the other party.)
Under Washington divorce and
domestic violence law, whenever you obtain an "Ex Parte" (which is latin that essentially means approaching
the court without the presence of the other party) restraining
order you must allege that there is some possible serious harm that may occur if
the other side is not prohibited from doing something right away. That something
could be taking the children out of state, disposing of bank account assets, or
harassing you at work. In King county the third floor room W-325 is where
you apply for restraining orders in domestic matters. In Snohomish county
it is on the first floor. You essentially get the opportunity to wait in line
and then explain to a Judge or Court Commissioner why the other side should not
get notice prior to having the order issued and why there is a risk of irreparable
harm (like the person taking money and leaving with the child to another state).
Under the divorce law in washington state, these are good for 14 days until a hearing when both parties can speak
their piece about the rightness and wrongness of the other's claims. The impact of these initial Court hearings involving
Washington state child custody, visitation or protection order law
(or any type of restraining order for that matter), can not
be underestimated.
You then must
comply with Washington state protection order and service of process law by
by arranging for proper and legal personall delivery of the ex parte Order, and then show up fourteen days later for a more extended Court hearing.
I have dealt with many of these protections and restraining orders in my practice; especially during the first 3-4 years of being an attorney handlilng divorce.
Having dealt with
hundreds of these orders, and spoken with my colleagues about their cases as well, I have a good idea which ones will win and which ones won't. Preparation also plays a significant
role in the equation. These days I won't take the cases unless the potential client both has sufficient funds up front and is darn sure the other parent or spouse
has told lies to the Court or at least is very substantially exaggerating the domestic abuse or violence allegations to the point of the children's best interst
being compormised. You need to think from the perspective of your children's best interests and whether defending you would truly deep down be optimal for them.
And in that legal calculation you must make the broad assumption (or presumption) that your rights almost do not count and are so below those
of the children as to be almost nonexistent. If you can do that sort of theoretical hypothecation and come out still honestly believing behind
closed doors that represenation of you is still in the kids best interest, then give me a call. If not, remember my contract incorporates the terms
and expectations elucidated on this website and allows for withdrawal and forfeit of all of your fees should you be misrepresenting the veracity of
your claims to me as your attorney when we sign our contract for represenation. All fees are nonrefundable and I will withdraw if you don't take my expectations
as to reprentation of meritorius claims seriously.