In Washington state, if a couple is married or shares a child, and one party fears for their safety or that of their household, the court will allow a restraining order. Emergency restraining orders are usually put in place for up to 14 days to allow for the full hearing to be scheduled. At the full hearing, the accused may present their side of the case.
Following the court hearing, the judge may enact a Final Order for Protection. But, if you feel the domestic violence restraining order placed upon you is in error or is unfair, you may file an appeal.
Washington trial courts commonly have expansive discretion when deciding if a domestic violence restraining order is necessary. The trial should demonstrate factual evidence that the order is warranted.
Washington appeals courts are responsible for making a determination about whether the trial court abused its power, overreached its reasoning, or made a legal error when placing the restraining order. If there are numerable deductions drawn from the same set of facts, the appeals court will allow a deferral to the trial court.
A successful domestic violence restraining order appeal will have supplied proof that illustrates the trial court’s error in evaluating how the law applies to the facts of the case. So, a restraining order can be rescinded if it was placed there unjustly.
In a domestic violence case, a final order of protection has an outlined term, or it can be permanent. Normally, in Washington state, a domestic violence restraining order has a duration of at least one year.
When a minor child is involved, a final order of protection only prohibits a person from having contact with the child for one year. The restraining order may be renewed if the court thinks it is appropriate.
If you are on the receiving end of a final order of protection entered against you in Washington, you may appeal the order. In the state of Washington, you must file your notice of appeal within thirty days of the date the order was filed. Though, there may be options that are available after those thirty days have passed.
A domestic violence restraining order may be challenged. This could result in the restraining order being modified or terminated. For an appeal to overturn the order of protection, significant changes must have occurred. But, that is not always sufficient enough to reverse the order.
If the allegations of violence were particularly heinous, the court often declines requests to modify or terminate the restraining order. The safety of everyone involved is in the court’s hands, so it is not a decision to be taken lightly.
When domestic violence charges and restraining orders are involved, we understand that your life has become challenging. Reach out to the talented legal team at Cohen Family Law, LLC, for help with your restraining order issues. If you feel like one has been placed against you unfairly, or if you fear that one will be removed and you will be in danger, we have your back. We are here to fight for the best interest of our clients.