What is the process for obtaining an order of protection for a child in Washington?

Understanding Orders of Protection in Washington State

An order of protection, commonly referred to as a restraining order, is a legal injunction used to protect a person, including children, from abuse, threats, stalking, or harassment. In Washington State, obtaining an order of protection for a child involves a specific legal process that is designed to ensure the safety and well-being of the minor.

Step-by-Step Process for Obtaining an Order of Protection for a Child

  1. Petition Filing: The process begins with the filing of a petition for an order of protection at the local courthouse. The petitioner must provide details about the reasons for seeking the order, including any incidents of abuse or threats against the child.
  2. Temporary Order: If immediate protection is needed, the court may issue a temporary order of protection, which goes into effect without a full hearing and typically lasts until the hearing date.
  3. Hearing: Within 14 days of issuing the temporary order, a hearing will be scheduled where both parties can present evidence and testimony. It is during this hearing that a judge will determine whether to grant a full order of protection.
  4. Full Order: If granted, the full order can provide various protections such as no contact provisions, restrictions on approaching the child or their residence, and other necessary measures tailored to the child's safety.
  5. Enforcement: Once issued, it's crucial that the order of protection is enforced. Violations should be reported to law enforcement immediately.

Throughout this process, it's highly recommended to seek guidance from an attorney who specializes in family law to ensure that all legal requirements are met and that the child's best interests are properly represented.

Historical Reference

In 1994, Washington State passed the Domestic Violence Prevention Act (DVPA), which marked a significant step in providing legal tools to combat domestic violence and protect victims. The DVPA allows for greater accessibility in obtaining orders of protection and offers clearer guidelines for enforcement. This legislative milestone underscored the state's commitment to safeguarding vulnerable individuals, particularly children.

Example Case

In 2005, in the case of Martin v. Martin, a Washington court granted an extended order of protection on behalf of a child after determining that there was sufficient evidence of domestic abuse within the household. This case highlights how courts prioritize the safety of minors when there is credible evidence suggesting harm or potential harm.

It is imperative for anyone seeking an order of protection for a child to understand that every case is unique and court decisions are made on an individual basis. The welfare of the child is always at the forefront when such orders are considered and issued by Washington courts.