Spokane Domestic Violence & Restraining Order Lawyers
In many cases involving domestic violence, one or both parties may request a protective order. A protective order, is a type of restraining order that prevents contact between those listed in the order and the individual or children that are thought to be under threat of harm. They are frequently requested as part of divorce proceedings. If you or a loved one feel endangered, contact the Spokane family law attorneys at Twyford Law Office at (509) 327-0777.
Why Choose Us?
Our firm has successfully represented clients over the last 40 years in all issues related to family law and criminal defense.
We understand the gravity of the effects that a protective order can have and will handle your concerns with the discretion and professionalism they deserve.
We offer free and confidential consultations to discuss your individual legal needs.
What is a Domestic Violence Protection Order?
In Washington state, a domestic violence protection order, a type of restraining order, is a formal order issued by a judge at the request of a person claiming to be the victim of domestic violence. (Chapter 26.50 RCW) Any person who fears physical harm or being stalked by another individual can obtain an order. Most protection orders will prevent the potentially violent person from having any contact with the victim, and sometimes their children. In cases between spouses, this likely means the respondent will be barred from entering a shared home. Knowingly violating an order will result in a mandatory arrest and possible criminal charges. Emergency orders last for up to 14 days or until the next hearing date. After going through the proper channels, an order of protection will typically be in effect for one year or more.
Obtaining a Protective Order for Victims Of Domestic Violence
A protection order is most often issued during the preliminary divorce hearings. A lawyer can assist victims of abuse with all of the following related matters:
Obtaining and filling out the necessary forms.
Filing a petition seeking an emergency order of protection and protective orders.
Advocating necessary provisions to the order, prohibiting weapon possession or ownership for the duration that the order is active.
Advocating for clients at ex parte hearings.
Representing in post-judgment matters, including child custody modifications and child support enforcement orders.
The issuance of a protective order requires the respondent to undergo assessment and/or treatment for domestic violence. If chemical dependency is involved, the court may also order further assessment and/or treatment in that regard.
How a Protection Order can Affect a Divorce
Lives can be changed forever when restraining orders are filed. In addition to potential criminal charges and a record, a divorce judge may take it into consideration when making decisions regarding child custody, spousal support/maintenance, and asset division. Since it is not treated as a criminal matter in divorce proceedings, the accusing spouse needs only to prove that it is more likely than not that domestic violence occurred.
Contact a Washington Domestic Violence Attorney
It is crucial to retain a legal professional who has experience handling cases of this magnitude and complexity. When you speak with our team, you will have the peace of mind in knowing that our Spokane restraining order attorneys are equipped to secure fair remedies in your case. Call (509) 327-0777 today or reach us online to schedule a free initial consultation.