Domestic Violence & Restraining Orders

Spokane Domestic Violence Attorney

I Represent Both Victims & Alleged Perpetrators

Children Dealing With Abuse

Domestic violence in Spokane occurs more frequently than in any other part of Washington State. Domestic violence is defined as the physical harm, bodily injury, assault, or infliction of fear of imminent harm by a family or household member against another household or family member. The petitioner must only show that harm or infliction of fear of imminent harm more likely than not occurred. It is important to understand that evidence of physical harm is not essential to prevailing on a petition for a domestic violence protection order. It is also important to understand that there are instances where false allegations of abuse are made. In my experience, false allegations of abuse are primarily made by one parent to obtain a strategic advantage in a pending or soon-to-be pending parental custody action. I have successfully represented both victims and perpetrators of domestic violence in Spokane.

For more information about how to protect yourself after experiencing domestic violence, call (509) 402-2248 or contact Ellen M. Hendrick PLLC online.

Understanding the Various Types of Available Orders

While domestic violence protection orders are the most commonly requested, it is important to be aware of all your options for protection orders. Below are descriptions of the different types of court orders available so you can decide upon the one that best fits your current situation.

Domestic Violence Protection Order

This type of order may be obtained by a “family household member” in a civil proceeding whether or not a dissolution action is pending.

Restraining Order

A temporary or continuing restraining order may be obtained by one party to a dissolution, legal separation, or paternity action.

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How to File a Restraining Order

Washington State protects individuals from unwanted contact, harassment, or threats of violence that could lead to bodily injury. A restraining order is an important tool for those seeking legal protection from these situations. Here are the steps to filing a restraining order in Washington:

  1. Contact your local court clerk to find out what forms you must complete and submit.
  2. Complete all required forms and provide as much relevant information as possible regarding the situation. This includes details such as dates and locations of incidents, names of parties involved, type of harm attempted or threatened, the relationship between the person filing and respondent, etc.
  3. Once the forms are filled out correctly and signed, take them to the courthouse, where they will be submitted for consideration by a judge or other court official responsible for making decisions on restraining orders cases. Depending on your county, this may occur in person or by mail.
  4. You can also petition your local clerk's office to have papers served to the respondent so that he or she will be aware of your request for a restraining order hearing date. Ensure all documents are duly signed before sending them out for service by certified mail or sheriff's department courier service (whichever is available).
  5. After receiving paperwork from both sides (you and the respondent), a court hearing date will be set where both parties can present their evidence and arguments before a judge decides whether or not a restraining order should be issued in your case.
  6. After hearing all testimony from both sides, the judge will issue a ruling on whether to grant or deny your request for a restraining order based on all relevant factors presented during the hearing process and state law about such orders in Washington State.

If you or someone you know is in need of legal advice, call (509) 402-2248 or contact Ellen M. Hendrick PLLC online for a consultation.

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