how to fight a restraining order without a lawyer in spokane

by Deontae McLaughlin PhD 8 min read

Do I need a lawyer for a restraining order?

RCW 74.34.130. These Protection Orders can be filed out of anger, revenge, malice, mental health issues, drug problems, control, or harassment. Parties can file protection orders bases on misstatements, exaggerations and false accusations to establish control in and out of the courtroom. Though we have general advice on how to Fight Protection ...

Is a restraining order a serious matter?

A restraining order occurs in domestic cases when the court basically tells the parties, “you need to behave.”. These orders usually include certain behaviors that the parties are not allowed to do. A protection order comes when you are charged in civil court (usually a lawsuit from your significant other, as in a divorce proceeding, not ...

What to do if someone violates a court order in Washington?

Jul 20, 2017 · Keep a copy of the restraining order with you at all times. Call 911 if you are in immediate danger or if the restraining order is being violated. Call the Spokane County Clerk at 509-477-2211 if you need to speak with someone regarding your restraining order. There is no cost to file a restraining order in cases of domestic violence.

Can a court enter a temporary restraining order without a hearing?

Jun 26, 2018 · Filing for a Protection Order. At Gravis Law in Spokane, we care deeply for our clients. We will support you and advocate fiercely for your safety throughout the protective order process. To begin the process, we will confidentially collect from you all the information that led you to fear for your safety, along with any supporting evidence you ...

How do I contest a restraining order in Washington state?

In order to successfully appeal a domestic violence restraining order in Washington, a party must provide evidence demonstrating that the trial court made a material error in evaluating the facts or applying the law.

How do you get around a restraining order?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

How do you remove a restraining order in Washington state?

If a No Contact Order has been put in place anywhere in the state of Washington, the first thing we do is call the court and find the soonest date we can request relief in front of a judge. You will need to be present at that court hearing. Before the court date, we file a motion to modify or rescind (lift) the order.

What proof do you need for a restraining order?

The court may have regard to any evidence it may have heard during a criminal trial in determining whether a restraining order is required. However, further evidence may be required especially where the defendant has been acquitted (either after trial or following the offering of no evidence by the prosecution).

Can you revoke a restraining order?

If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked. Recent cases before the Court of Appeal have made it absolutely clear that, provided a person has capacity and has not been forced, it is a matter for them who they chose to have a relationship with.

How do you get an injunction dropped?

How do I get an injunction dismissed? After an injunction is granted, the respondent can file a motion to dismiss based on a change in circumstances. In other words, you must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties.

Are restraining orders public record in Washington state?

To find out whether a Washington restraining order is still in effect, an individual can contact the clerk of the superior court where the order was filed. In most cases, restraining orders are public record, but they may be sealed when the court deems doing so is in the best interest of the parties named in the order.Aug 1, 2019

How long is a restraining order good for in Washington State?

What Are the Specific Protective Order Laws In Washington? Washington protective order laws allow for 24-day temporary orders, which may be extended as needed, and orders of protection lasting as long as one year (which also may be extended).

How long does a no contact order last in Washington state?

Duration of order: Stalking Protection Order: 14 days for a temporary order; Stalking Protection Order duration is then determined by the court for a fixed period of time or permanent. Stalking No-Contact Order: 5 years for a final Stalking No-Contact Order.

What happens if you break a restraining order?

If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.

What is a protection from harassment order?

Restraining orders

Under the Protection from Harassment Act 1997(opens an external website in the same tab), a court can impose a restraining order where the defendant is acquitted for an offence, if it considers it necessary to do so to protect a person from harassment from the defendant.
Dec 15, 2021

How long do restraining orders last?

Typically these orders last from five days to two weeks but may last longer depending on the next hearings' date. A permanent restraining order is much longer-term, usually 6-12 months, and sometimes can last indefinitely. This type of order is generally made at trial.Jan 29, 2021

Types of Orders

The court can give different types of orders for someone’s protection: restraining orders, protection orders, and no-contact orders.

Contact a Restraining Order Attorney today

Whatever the surrounding circumstances, I have the experience and skill to help you with your protective order case. I offer competitive prices so that you can get the help you need. Contact me today.

Where to file a restraining order in Spokane?

Go to the Spokane District Court Clerk's Office if you do not have any children under 18 with the person you are filing against.

How much does an order of protection for anti-harassment cost in Spokane County?

Spokane County has different forms you must use. An order of protection for anti-harassment costs $53, but you may be able to get the fee waived. Depending on the situation, you may also encounter copying or service fees.

How to contact Spokane County Clerk?

Call the Spokane County Clerk at 509-477-2211 if you need to speak with someone regarding your restraining order.

How long does it take to get a temporary protection order?

Double-check to make sure there are no errors. You may be granted a temporary emergency protection order until a court hearing can be scheduled. Court hearings take place within 14 days of the initial filing and will determine the final status of the restraining order.

What is a protective order?

Also known as a restraining order or personal protection order, these protective orders serve to give notice to the threatening individual regarding what sort of interactions they are, and are not, allowed to have with you. If they violate the protective order in any way, the police are then authorized to take swift action to ensure your continued safety.

Can a protective order be issued against a spouse?

It should also be noted that protective orders are not limited to being issued against spouses. Protective orders can also be issued against family members, acquaintances, roommates, or romantic partners when necessary to ensure your safety.

What can an attorney do with a restraining order?

These attorneys can examine the terms of your restraining order and explain what they mean.

How to prepare for a restraining order hearing?

Work with your attorney to prepare for your hearing. Gather up your copy of your filed response, the restraining order, and any other relevant documents you wish to use in your argument.

What happens if the judge rules in your favor?

If the judge rules in your favor, you will have successfully fought a restraining order.

What to do when you are in court?

If you're in court, do not scream, yell, curse, or do anything else disrespectful -- like give the judge the finger. Losing your cool will only serve to make a bad situation worse.

Can you fight a restraining order?

It can also be infuriating. But you can fight a restraining order without having to lose your cool. Follow these simple legal steps for how to fight a restraining order.

Why are restraining orders important?

Restraining orders are excellent tools to help victims of domestic violence, harassment, or crime stay protected against future harm. However, restraining orders are not appropriate in every scenario they are requested. In most situations, fighting a restraining order will be very difficult if there is good evidence against the person whom restraint is sought against.

What is a TRO in court?

A TRO prevents a named individual from making contact with the protected individual until the court can make a ruling on the normal restraining order. A TRO, depending on the jurisdiction, may have additional conditions attached, such as requiring the restrained individual to temporarily give up possession of any firearms to law enforcement while the order is in effect.

What happens if you don't comply with a TRO?

While a TRO is only temporary, failing to abide by the terms of a TRO can result in arrest, and criminal charges being filed. Additionally, it will likely anger, or upset, the judge tasked with ruling on the permanent restraining order.

Can you fight a restraining order?

When there is no good evidence, then it's possible to fight a restraining order. However, if you are facing a restraining order hearing, it would be wise to contact a qualified attorney as there may be more at stake than you realize.

Can corroborating evidence make or break a case?

Although in many cases there may be no evidence apart from the testimony of yourself and some witnesses, frequently, people forget that corroborating evidence can make or break a case. For instance, if it is alleged that you harassed someone by phone, bringing your phone bills that show you placed no calls to them during the time period in question could bolster your testimony, especially if you are being wrongly or falsely accused.

How to object to a restraining order?

How to Object to an Unfair Restraining Order 1 Educate yourself in the legal process of obtaining and maintaining a restraining order. 2 Obtain legal counsel to be certain that you act in accordance with the law. 3 Be an active participant throughout your case. 4 During the process of challenging an unfair restraining order, abide by the terms of the order as it stands to avoid being found in contempt of court.

What to do when challenging an unfair restraining order?

During the process of challenging an unfair restraining order, abide by the terms of the order as it stands to avoid being found in contempt of court.

Why is it important to seek legal guidance immediately after being served with a restraining order?

It is crucial to the objection process that you seek legal guidance immediately upon being served with a restraining order. This area of the law is complex, and your case deserves professional, trustworthy attention.

What is a restraining order in Utah?

In Utah, a restraining order is designed to restrict your behavior, actions, or perceived violence. Restraining orders are often used in child custody and domestic violence cases, as well as cases involving alcohol or drug dependency.

How long does it take to get a request for hearing?

This document must be completed and returned to the appropriate court within 30 days.

Is a restraining order unethical?

It is an unfortunate reality that restraining orders are sometimes used in an unfair, unethical, or even unlawful manner.

Is Utah a strict state?

Like most states, Utah law is strict regarding restraining orders and the process to obtain and object to them. If you are unable to present your case for objection, you may find yourself unable to purchase or possess a firearm, may be limited in your ability to obtain custody rights, and may be restricted from other activities, locations, and people.

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

Can a restraining order be a permanent order?

As explained, restraining orders can happen quickly (temporary orders) and are usually followed soon by a full-blown hearing on a permanent order. Your ability to defend against a permanent order will depend on having a thorough understanding of the law in your state. Refuting accusations against you will require admissible evidence and relevant arguments. Having an experienced family law attorney on your side -- someone familiar with the law, the rules of evidence, and the sensitivities of the judge -- will greatly increase your chances of a favorable outcome.

What is a restraining order?

Requesting a restraining order when filing for divorce, legal separation, custody, or to determine parentage.

What to do if you have a court order in Washington?

If you have a court order, it is important to remember: Keep a certified copy of your order with you at all times . The order is enforceable throughout the State of Washington. If there is a violation of your court order, call 911 or your local police. Tell them you have a court order and it is being violated.

How many types of court orders are there for domestic violence?

There are 4 types of court orders that address domestic violence. Each of these is slightly different and are discussed in Domestic Violence Information (PDF).

Where can I get forms for Spokane County?

Forms and instructions are provided in person at the County Clerk's office and the District Court Clerk's office for domestic violence and anti-harassment. Do not use the state website for forms and instructions - Spokane County has specific information on its forms that is required by the Court.

What are the different types of court orders?

Each of these is slightly different, as discussed in Domestic Violence Information (PDF): Order of Protection - Domestic Violence. Restraining Order. Order of Protection - Anti-Harassment. No Contact Order. If you have a court order, it is important to remember:

How to dismiss a restraining order?

Another way to have a case dismissed is to show up to the court date on time and attend the hearing without the other party present. In these cases, the judge usually dismisses the restraining order.

What is a restraining order in California?

A restraining order in California is defined as a court order that is intended to protect people from abuse or harassment. Stay away from the protected person’s property, place of work, school, etc.

What are the penalties for false restraining orders in California?

An individual that knowingly or willfully attempts to file a false or fraudulent restraining order is guilty of a felony upon conviction and is punishable by a fine of up to $5,000 or up to five years of imprisonment, or both.

How long does a temporary restraining order last in California?

In California, a temporary restraining order can show up on your record for up to five years after the order’s expiration date.

How long can you go to jail for a misdemeanor?

The maximum is up to one year in a county jail for a misdemeanor violation and up to 3 years in state prison for a felony violation.

How to get a copy of a court order?

Provide your court clerk with these forms. The clerk will keep the original and provide you with your copy alongside a court date and time stamped on the first page.

Is a hearing required for a restraining order?

A hearing may be required post-request. If a hearing is required, you are obligated to complete, file, and serve a Request for Order to Modify/Terminate Domestic Violence Restraining Order ( Form FL-300 ).