Protection orders

RCW 7.105 provides relief for people who need a court order to protect themselves from the behavior of other.  Here are some of the types of orders:

· Restraining Order

Must be filed as part of a family law case (e.g. Dissolution/Divorce, legal separation, parenting plan, etc.). There are many types of restraining orders within a family law case.  It is important to discuss your option within the family law case with an experienced divorce or custody attorney.

· Extreme Risk Protection Order

May be filed by a family or household member or law enforcement against someone they believe poses a significant danger to self or others by having access to, the ability to purchase or receive, or actual possession of a firearm.

· Vulnerable Adult Protection Order

May be filed by a vulnerable adult, a guardian or “interested third party” against someone is accused of abandonment, abuse, financial exploitation or neglect or against someone who threatens to commit abandonment, abuse, financial exploitation or neglect.

· Sexual Assault Protection Order

May be filed by someone who is experiencing nonconsensual sexual conduct or nonconsensual sexual penetration by someone who is NOT a family or household member. A single incident is sufficient to pursue a SAPO.

· Anti-harassment Protection Order

May be filed against someone who has engaged in a willful course of conduct that is unlawful or harassing and that seriously alarms, annoys or causes emotional distress and that serves no lawful purpose.  If you need a anti-harassment order in Pierce County,  it is important that you use the correct language in your petition.  Most people fail to establish a proper course of conduct and the court dismisses their petition.  Make sure you consult with an attorney, so you give yourself the best chance to get the protection you need.

· Stalking Protection Order

May be filed by someone who is experiencing stalking conduct by someone who is NOT a family or household member.  Cyber-stalking is now more common because people have access to social media and email.  Make sure that if someone is stalking you that you change all of your passwords and shut down your social media accounts to protect yourself.

· Domestic Violence Protection Order

May be filed by someone who is experiencing physical harm, bodily injury, assault, stalking, sexual assault OR who fears imminent physical harm or bodily injury by a family or household member.  These orders are the most common and usually arise in dating relationships.  Unfortunately, some parents utilize these orders to try and gain an advantage in a custody matter.  All too often there are people who try to petition the court for a protection order so they get custody of the children or to have the other person kicked out of their shared residence.  You should talk to an attorney before starting or responding to a Petition for a Domestic Violence Protection Order.

If you have any other questions about what order would be best for your situation.  Give Whalley Law a call at 253-565-3209 for a free consultation.  Same day consultations are available and fixed fee pricing for representation.

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