PROTECTION ORDERS

While a legal advocate from Alternatives to Violence of the Palouse cannot provide legal advice, they can help with a variety of issues related to sexual assault, domestic violence and general crimes

Often, a key issue for survivors maintaining safety is obtaining a protection order.  A legal advocate can help you walk through the steps detailed below.

 Just call 883-HELP or 332-HELP and ask for a legal advocate.

What is an order for protection?

An order for protection is a civil order, which is available to victims of domestic violence.  It prohibits the restrained person (respondent) from threatening, molesting or harassing the client and/or his/her children.  There is no fee for obtaining a protection order.

Domestic violence can include but is not limited to:

  • Physical harm, bodily injury or assault
  • Fear of physical assault
  • Sexual assault
  • Stalking (WA only)

Who can get an order for protection?

  • A spouse or former spouse
  • A person with whom you have a child in common
  • A person with whom you live or have lived in the past
  • Persons related by blood or marriage
  • A person 16 years or older with whom you live or have lived in the past (WA only)
  • Minors involved in a dating relationship

What an order of protection can do:

  • Prohibit the abuser from committing further acts of domestic violence.
  • Force the abuser to stay away from the client, their home, and their children.  Force the abuser to move out of the family home.
  • Prohibit the abuser from making threats, harassing and stalking.
  • Prohibit the abuser from making contact - in person, by telephone, by mail, or by third party.
  • Establish temporary custody of minor children, and set temporary visitation schedule with other parent.
  • Order the abuser to attend treatment or counseling.
  • Prohibit the abuser from entering the client or clients' children's school, place of work, or daycare.
  • Allow the client to get essential belongings if needed.
  • Establish temporary custody.

What an order for protection cannot do:

  • Order child support.
  • Order spousal maintenance.
  • Divide property.
  • Establish permanent custody of minor children.
  • Establish permanent use of the family home.

A copy of the order should be kept with the victim at all times.

Other types of protective orders.

  • Anti-harassment For people who are not family members and who have not been physically assaulted.
  • No-Contact This is a criminal order and is issued by a Judge prior to the release of a defendant who has been arrested on a domestic violence assault charge. The victim does not have to request this order.
  • Restraining This is a civil order that can be requested as part of a civil proceeding.

REMEMBER: a legal advocate through Alternatives to Violence of the Palouse can assist and support you through every step of the legal process. 

Please be aware that although the legal process can be painful and difficult, many survivors have found it to have a healing effect.

Where do you go to get an order for protection?

What will happen?



TYPES OF PROTECTION ORDERS
In Whitman County, WA and Latah County, ID

TYPE OF ORDER

No Contact Order

Restraining Order

Protection Order

Anti-harassment Order

Type of action: Criminal
(State/City vs. Respondent)
Civil
(Petitioner vs. Respondent)
Civil
(Petitioner vs. Respondent)
Civil
(Petitioner vs. Respondent)
Who is eligible? Family or household members* Married persons or persons with a child in common. Family or household members, or minors in a dating relationship* Victim(s) and their family or household members, and others
How is the order obtained? Defendant is charged with an act of domestic violence (police arrest, cite; police investigate and cite; through court; citizen complaint). Order may be issued when released from jail, at preliminary appearance or at arraignment as a condition of release pending charge or trial.  May also be offered as a condition of sentencing. Can be ordered at victims request, but often times is at the sole discretion of the prosecutor. Any court Upon filing a petition for dissolution, legal separation (WA only) or child custody/parenting plan a temporary restraining order may be issued, notice of which also tells the respondent to come to hearing at which time the order may become permanent.  Includes protection of property/assets.


WA:  Superior Court
ID:  Magistrates Court
Upon filing a petition and declaration with the court.  Court clerk provides forms.  An emergency order may be issued upon the filing (ex parte).   Respondent MUST be served (by local law enforcement agency) with the order and notice of hearing at which time the order may become permanent.

WA:  District for temporary orders.  Permanent order without children, District Court. With children, Superior Court
ID:  Magistrates Court
Upon filing of a petition and declaration with the court.  Court clerk provides form.  An emergency order may be issues upon the filing (ex parte).  Respondent MUST be served (by local law enforcement agency) with the order and notice of hearing at which time the order may become permanent.

Available in WA.  Not available in ID.
WA:  District Court
Length of time protected: WA and ID.
Up to the time when the charges are dropped or the end of the case.  May be extended as part of probation.
WA and ID.
Usually until dissolution, etc., is completed.  Indefinitely if requested.
WA:  One year, indefinitely if requested.
ID:  90 day, one year if requested.
WA:  One year.
Cost of order: WA and ID
No cost
WA:  $110.00  ID:  $101.00
Fee waiver available
WA and ID
No cost
WA:  $31.00
Fee waiver available

*Please refer to the definition of Family or Household Member:  WA RCW 1.99.120, 10.31.100, 26.50.010) ID:  IC 30.63

If you need an order for protection, or would like more information, contact a legal advocate at Alternatives to Violence of the Palouse.