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?

• To get a protection order, go to the courthouse nearest to where you live, in the county where you reside.  On the Palouse there are courthouses in Colfax, Pullman and Moscow.
• Legal advocates through Alternatives to Violence of the Palouse are available to provide you the appropriate forms, help you fill out the paperwork and support you at the court hearing.
• The Clerk of the Court will give you the forms to file with the court.  There is no charge in Latah and Whitman Counties for filing for a domestic violence protection order.
• You are required to write a statement about the abuse so that the Judge can make a determination on issuing the order.  A legal advocate can support you in doing this.

What will happen?

• When you file the paperwork, a hearing for a temporary order may be held immediately.
• If the judge issues your temporary order, a second hearing will be set within fourteen days for the permanent order.  Permanent orders usually last 90 days in Latah County and 1 year in Whitman County, but in both counties the orders can be extended.
• The temporary order begins to take effect once it is served on the abuser.  The Judge orders the local law enforcement agency to find and serve the abusers with the order.
• You will need to collect information to present at the permanent order hearing.  Examples of what you may need for court are: witnesses, pictures of your injuries, medical reports, law enforcement reports, your statement.
• The Judge can: order the abuser to stop the violence and leave the home, order the abuser to not contact you (in person, by the phone, by letter or through a third party), decide temporary custody and visitation rights if you have children, order the abuser to go to treatment or counseling, ask law enforcement to assist you with certain things.
• Carry a copy of you protection order with you at all times.
• Give copies of you protection order to your children's day-care providers, schools, and your workplace for added protection.
• It is a crime to violate a protection order.  If your abuser continues to harass, assault or contact you call 911.
• If you wish to drop or make changes to the protection order, remember only the Judge can do that.  Therefore, you need to return to the courthouse and fill out the appropriate forms.

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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.