Protection Orders

What Type of Protection Order Applies to My Situation?

IF......

• You are a victim of domestic violence or fear violence by a "family or household member." The "family or household" member can be:
  1. Persons who are married.
  2. Persons who have been married.
  3. Persons who have a child in common.
  4. Adult persons who are related.
  5. Adult persons who reside(d) together.
  6. Persons 16 years of age and older who have been or are dating.

  You should obtain an Order of Protection-Civil Order RCW 26.50 .

IF......

• You are a married person or persons with a child in common who are filing for divorce, legal separation, custody, or to determine parentage.
• To qualify a person does not need to have experienced assault or threats of violence.

  You should obtain a Restraining Order-Civil Order RCW 26.09 26.26

IF......

• You are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose.
• No relationship with the person harassing you is necessary.

  You should obtain an Anti harassment Order-Civil Order RCW 10.14 .

IF......

• You are a person who has reported an incident to the police.
• Criminal charges must be pending or filed.
• May be a condition of sentencing.

  You should obtain a No Contact Order - Criminal Order RCW 10.99 .

1. Keep a certified copy of your order with you at all times.
2. The order is enforceable throughout the State of Washington.
3. If there is a violation of your court order, call 9-1-1 or your local police. Tell them you have a court order and it is being violated.

Whether or not you have a court order, if you are being harassed, threatened, or assaulted, call 9-1-1, or your local police!!

Order of Protection

What can an Order of Protection do?

• Prohibit contact of any kind.
• Remove abuser from shared residence and prohibit them from returning.
• Give temporary custody of children and set a visitation schedule.
• Order abuser into treatment or counseling.
• Can be tailored to individual needs.

How is an Order of Protection obtained?

An Order of Protection can be obtained through the Chelan County Superior Court. The court will review the paperwork and grant or deny a temporary emergency order effective for up to 14 days. The other party must be served with the petition, notice of hearing, and temporary order. A hearing is scheduled within 2 weeks at which time the court may deny the petition or grant an order effective for up to one year or more. Forms and instructions are provided by the County Clerk's Office.

What is the cost?

There is no cost to petitioner.

What happens if the Order of Protection is knowingly violated?

Mandatory arrest if abuser violates "restraint" provisions or enters a residence where prohibited from entering. Possible criminal or contempt charges.

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Restraining Order

What can a Restraining Order do?

• Can do all that an Order for Protection does.
• May also order child support or
• Order maintenance income or
• Assign property to either party or
• Establish permanent child custody or
• Establish use of family home.

How is a Restraining Order obtained?

A Restraining Order can be obtained in superior court as part of a family law action such as a divorce, legal separation, custody action, or paternity determination. A temporary restraining order can be filed at the time of a civil petition and signed by the judge effective until the preliminary hearing. Many persons obtain attorneys to represent them for this process. The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child.

What is the cost?

Filing fee is $200.00, but may be waived. Additional costs can include copy, service, and attorney's fees.

What happens if the Restraining Order is knowingly violated?

Violator may be arrested. Possible criminal or contempt charges.

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Civil Anti harassment Protection Order

What can an Anti harassment Order do?

• Prohibit harassment and contact of any kind.
• Restrain party from coming within a specific distance from petitioner's workplace, school, residence, etc.

How is an Anti harassment Order obtained?

An Anti harassment Order can be obtained at Chelan County District Court. Person files a petition which involves filling out paperwork. After reviewing your petition, the court may grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing, and temporary order. A hearing is held within 14 days at which time the court may deny the petition or grant an order effective for up to one year. Forms and instructions are provided by the District Court Office.

What is the cost?

Filing fee is $73.00. Additional costs can include copy and service fees. Fees may be waived if you can prove you are unable to pay.

What happens if the Anti harassment Order is knowingly violated?

Violator may be arrested. Possible criminal or contempt charges.

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No Contact Order

What can a No Contact Order do?

• Prohibit contact of any kind while criminal case is active and can be a condition of sentencing.
• Protects a victim while waiting for trial.

How is a No Contact Order obtained?

A crime must first be reported to the police. If the abuser has been arrested or issued a citation, the victim may ask the prosecutor to request a no contact order. In some jurisdictions, orders are issued via the police or jail.

What is the cost?

There is no cost.

What happens if the No Contact Order is knowingly violated?

Violator shall be arrested.

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