Temporary vs. Permanent Protection Orders

Posted On June 15, 2023 Family Law

In Washington state, individuals who have experienced domestic violence, harassment, stalking, or other forms of abuse can seek legal protection through protection orders. These orders provide a legal mechanism to ensure the safety and well-being of victims and are granted by the court. Two main types of protection orders are available: temporary protection orders (TPOs) and permanent protection orders (PPOs).

Temporary Protection Orders

Temporary protection orders (TPOs) provide immediate protection to victims while the court reviews their cases. They are designed for individuals who may be in imminent danger. Here are some important aspects to know about TPOs:

• Duration: TPOs typically last for a short period, often ranging from 14 to 30 days, but the duration can vary based on the circumstances and judicial discretion.
• Emergency Situations: TPOs are commonly sought in emergencies, such as instances where there is an immediate threat of harm or ongoing abuse. They act as a temporary barrier to protect the victim until a more permanent solution can be established.
• Expedited Process: Obtaining a TPO usually involves an expedited process due to the urgency of the situation. Victims can file for a TPO by completing the necessary paperwork and submitting it to the court. Judges may issue a TPO ex parte, which means without the alleged abuser present if they determine there is sufficient evidence of immediate harm.
• Provisions and Restrictions: TPOs may include conditions such as prohibiting the abuser from contacting or coming near the victim, awarding temporary custody of children, and ordering the abuser to vacate a shared residence.

Permanent Protection Orders

Permanent protection orders (PPOs), also known as final protection orders, offer long-term protection and address the ongoing safety needs of victims. Unlike TPOs, PPOs are issued after a full court hearing where both parties have an opportunity to present their case. Here are some key aspects of PPOs:

• Duration: Once granted, a PPO can remain in effect for an extended period, ranging from several months to several years, depending on the court’s discretion and the specific circumstances of the case.
• Court Hearing: Obtaining a PPO involves a formal court hearing, where both the victim and the alleged abuser have the right to present their evidence and arguments. The judge carefully considers the facts and circumstances before deciding whether to grant the order.
• Evidence and Burden of Proof: In a PPO hearing, the burden of proof rests on the victim, who must demonstrate by a preponderance of the evidence (more likely than not) that the protection order is necessary for their safety. This evidence can include witness testimony, police reports, medical records, and other relevant documentation.
• Long-Term Provisions: PPOs can include similar provisions as TPOs, such as no-contact orders, restrictions on approaching the victim’s residence or workplace, and custody or visitation arrangements. They can also address child support, property division, spousal maintenance, etc.

Protection orders are powerful legal instruments that can help ensure your safety and well-being. If you find yourself in a situation where you need protection, it is critical to consult a Spokane domestic violence & restraining order lawyer. They can help you understand the legal processes involved and give guidance tailored to your specific circumstances.