What is the process of filing a restraining order?
In Washington, if you are a victim of domestic abuse you can file for a restraining order (sometimes referred to as a protective order). A restraining order is a court order that requires the abuser to stay away from the victim and his or her family. The first step to filing for a restraining order is to contact the police. This should be done immediately if you are currently in danger. Once police are contacted and an initial report is taken, the victim should get in contact with the county court clerk to obtain the necessary paperwork to file for the restraining order. The paperwork for a restraining order includes an order for protection, an affidavit sworn under oath detailing the facts of the case, and a hearing notice listing the time and date of the hearing. The victim must also file an affidavit of service once the hearing notice is served on the abuser. The hearing is typically held within 14 days of the filing date of the paperwork. During the hearing, the victim will explain why the order should be granted. The abuser will also be allowed to make a statement. Depending on the facts presented in court, the judge may grant a restraining order on the spot. If the restraining order is granted, the abuser is required to obey the court’s orders, such as to stay away from the victim’s home and place of work. If he or she fails to do so, they may face criminal charges. It is important for victims of domestic abuse to know their rights and to take the necessary steps to protect themselves from further harm.
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