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Domestic Violence Information
Domestic Violence Information
If you are a victim of domestic violence, this information will help
you decide if you need a court order for protection, and explain how to
get one. There are three types of court orders that can protect you, depending
on whether other legal proceedings have already been filed. You can get:
Before you seek an order
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If you are attacked (physically assaulted), call the police immediately. The
police must arrest the abuser if (1) you are or were in a domestic relationship
and (2) the police have reason to believe an assault occurred within the
past four hours.
Order for Protection
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An Order for Protection can order an abuser to stop threatening, harassing
or molesting you, or your children, and to stay away from your home, work,
or school. Under some circumstances, it can require your abuser to surrender
weapons, award temporary child custody, and provide for possession of
a car or other essential items. Forms to apply for an Order for Protection
are available at the clerk's office for District or Superior Court. It
is not necessary to have an attorney; a Family Law Facilitator is available
to assist you. No fees are charged. You can apply for a Temporary
Order without giving any notice to the other party. The Temporary Order
will be issued immediately and will set a date for a court hearing and
notify the other party. You must attend the court hearing or your case
will be dismissed. At the hearing, the judge can issue a Permanent
or long-term order for your protection after hearing from you and the
other party (if he or she chooses to appear).
Who Can Get an Order for Protection?
To issue an Order for Protection, the judge must find (1) a domestic relationship
between you and the abuser, and (2) that domestic violence has occurred.
You have a domestic relationship if you and the abuser: are now or were
formally married, live together now or in the past, are adult relatives
or in-laws, have a child in common, or have an intimate relationship now
or in the past.
Domestic violence includes physical abuse or threats, sexual abuse or threats
and stalking.
Custody and Protection of Children
When a child is the victim of violence, you can seek an Order for Protection
on the child's behalf; forms to be appointed as the child's legal representative
are available in the clerk's office. An Order for Protection will address temporary
custody of children and visitation only when it is necessary as part of protecting
you or the child from domestic violence. A petition for an Order for Protection
is not a child custody proceeding.
No Contact Order
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If the abuser is charged with assault or some other crime against you, he/she
will likely have conditions ordered by a judge before being released. Those
conditions can include an order requiring the person not to come near you or
contact you - a No Contact Order.
Since the Prosecuting Attorney is responsible for filing criminal cases, you
should contact that office as soon as possible after the charge is filed to
request a No Contact Order. The Prosecutor's Victim/Witness Coordinator will
assist. If the person accused violates the order, he/she can be arrested and
held in jail until the criminal case is finished. If the abuser is eventually
convicted of a domestic violence crime, the court's sentence will also include
a long-term No Contact Order if you request it.
Restraining Order
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If there is a divorce, child custody or similar case pending, you can seek
a Restraining Order as part of that case. A Restraining Order is often
issued at the same time the case is filed. If can have all the provisions
of an Order for Protection or No Contact Order, but can also give you
other protections. For instance, in addition to personal protections,
a Restraining Order can prohibit your abuser from destroying or selling
property, taking money from bank accounts, canceling insurance, etc. If
you are represented by a lawyer, he/she will discuss a Restraining Order
with you. However, self-help divorce kits and form packets, available
in the Superior Court Clerk's Office, also contain the forms for seeking
a Restraining Order.
When an Order is Violated
Violation of the personal protection provisions of an order is a criminal offense.
Regardless of which type of order you obtain, if the abuser violates the provisions
regarding your personal protection, call the law enforcement agency where the
violation occurs. Those numbers are 911 if it is an emergency, and 762-1160
or 1-888-431-9911. Tell them you have an Order for Protection (or No Contact
Order, or Restraining Order), and that you believe your abuser has violated
it.
Consult a local crisis service or victim's shelter if you feel that
you need a safe place to stay.
When Orders are issued, they are entered into a state-wide computer system.
Any Washington Law Enforcement Agency will be able to confirm that you
have an order. The provisions of a Restraining Order regarding preservation
of property, bank accounts and so on cannot be enforced by arrest of the
violator, but only by a Contempt of Court proceeding. Forms to initiate
such a proceeding are available in the clerk's office where your case
is pending.
Washington Law
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You can read the Washington laws on domestic violence at your public
library. Ask to see a
Revised
Code of Washington, Section 16.09.050 and Chapters
26.50,10.31
and 10.99.
For more information, you may contact:
New Hope Domestic Violence & Sexual Assault Services
509-764-8402
9:00 to 5:00 Monday - Friday
Crisis Line for Grant County
1-509-765-1717
Collect Calls Accepted
Grant Mental Healthcare
Grand Coulee 509-633-1471
Moses Lake: 509-765-9239
Quincy: 509-787-4466
Statewide Shelter (hotline)
1-800-562-6025
Adult Protection Service (DSHS)
764-5666 (Moses Lake)
Adam's County Sheriff's Office
509-659-1122
Columbia Basin Domestic Violence Services
509-582-9841 (Tri-Cities)
Wenatchee Rape Crisis & Shelter
509-663-7446
Grant County Prosecutor's Office
Crime Victim Coordinator
754-2011 ext 462
