LEGAL ADVOCACY

Legal advocates work with clients as needed, providing a variety of services. It is important to note, however, that legal advocates are not attorneys and cannot provide legal advice.

Legal Advocates can help victims of domestic violence with the following legal issues:

• Washington State Address Confidentiality Program
• Immigration
• Dependency
• Name and Social Security number changes
• Protection Orders
• Anti-Harassment Orders
• Custody/Visitation/Parenting Plans
• Dissolution
• Paternity
• Other legal resources

Washington State Laws on Domestic Violence

• Spouses
• Former spouses
  Persons who have a child in common regardless of whether they have been married or have lived together
  Adult persons related by blood or marriage
• Adult persons who are presently residing together or who have resided together in the past
  Persons 16 years of age or older who are presently residing together or who have in the past
• Persons 16 years of age or older with whom a respondent 16 years of age or older has or has had a dating relationship
  Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

Protective Orders Available for WA State

• PO - Protection Order or EPO - Emergency Protection Order
• NCO - No-Contact Order
• RO - Restraining Order or TRO - Temporary Restraining Order
• PAHO - Permanent Anti-Harassment Order or EAHO - Emergency Anti-Harassment Order

Protection Orders

What is the Nature of the Proceeding?
Civil, under RCW 26.50.

Who may obtain the order?
A person who fears violence from a "family or household member (RCW 26.50.110)", or who has been the victim of physical harm or fears imminent physical harm, or stalking from a "family or household member", (includes dating relationships). Minors under age of 16 with parent or guardian.

What is the Jurisdiction?
Telephonic hearings available in limited circumstances. EPO-- District, Municipal, or Superior Court. PO--limited to Superior Court if Superior Court has family law action pending, or if case involves children or order to vacate home.

What is the Cost to the Petitioner?
No filing or service fees.

How does the Respondent receive notice?
Notice served on the respondent. Notice by certified mail, or publication authorized in limited circumstances.

What are the Respondent Consequences if order is knowingly violated?
Mandatory arrest for violating restraint and exclusion provisions. Possible criminal charges or contempt. Class C felony if assault or reckless endangerment, otherwise Gross Misdemeanor.

What is the Maximum Duration of the order?
PO--Designated by court, one year, or permanent.
EPO--14 days with personal service.
24 days certified mail or with service by publication

No Contact Order

What is the Nature of the proceeding?
Criminal, in context of pending criminal action.

Who may obtain the order?
Any Victim of a Domestic Violence related crime that has been reported to the police. Criminal charges must be pending. Judge must consider issuance pending release of defendant from jail, at time of arraignment, and at sentencing.

What is the Jurisdiction?
District, Municipal, or Superior Court.

What is the Cost to the Petitioner?
None.

How does the Respondent receive notice?
Verbal and written notice given at bail hearing, arraignment, or sentencing.

What are the Respondent Consequences if order is knowingly violated?
Mandatory arrest. Release pending trial may be revoked. Additional criminal or contempt charges may be filed. Class C felony if assault or reckless endangerment, otherwise Gross Misdemeanor.

What is the Maximum duration of the order?
Until trial and sentencing are concluded. Post-sentencing provision lasts for possible maximum of sentence in Superior Court or two years in District or Municipal court.

Restraining Order

What is the Nature of the Proceeding?
Civil, normally in context of pending dissolution or other family law action.

Who may obtain the order?
Petitioner who is married to respondent or has child in common.

What is the Jurisdiction?
Superior Court only.

What is the Cost to the Petitioner?
Same as dissolution. Filing fee waived if indigent.

How does the Respondent receive notice?
Notice served on respondent or respondent's attorney.

What are the Respondent Consequences if order is knowingly violated?
Mandatory arrest. Gross Misdemeanor. Possible criminal charges or contempt.

What is the Maximum duration of the order? TRO--14 days. Preliminary injunction--pendency of action. RO in final decree-permanent unless modified.

Obtaining a Protection Order:

If you file for a Protection Order, your order can be served by the local police department if there is an address for the respondent or by anyone over 18 except the victim. In that order you can ask that the batterer:

• Be prevented from molesting, assaulting or harassing you and your children.
• Have no contact with you and your children in person, by mail, by telephone, or by a third party.
• Be prevented from entering your home or place of business.
• Be restrained from interfering with the care and custody of your minor children.

Application forms are available at Skagit DV&SA Services by calling 360-336-9591.

Hearings: Your first hearing can be held at a district court or superior court. If you have children or shared property and your first hearing was at a district court, your second hearing will be transferred to Superior Court. Temporary Protection Orders, Anti-Harassment Orders can be obtained at the following district and superior courts:

SKAGIT COUNTY DISTRICT COURT: (360) 336-9391

SKAGIT COUNTY SUPERIOR COURT: (360) 336-9440

Violations of Court Orders: Violations of Protection Orders, Anti-Harassment Orders, and No Contact Orders after they have been served on the perpetrator is a criminal offense. Call 911 immediately when a violation occurs. If you call within four hours of the incident, officers are required to search for the perpetrator. If you live inside the city’s limits, you would utilize that city’s police department. You will know that you live inside the limits if the municipal police respond to the scene. If you live outside of a city’s limits, a Skagit County Deputy Sheriff would respond. The police department is required to provide a copy of the report if you are filing a Crime Victim’s Compensation claim. They are reluctant to do so if the investigation is still open. In that case, contact a legal advocate. Violations of any of the above Orders are criminal charges, and charging decisions are made by the Prosecutor’s Office, not the police department. An officer cannot refuse to take your written complaint. If the perpetrator is charged, hearings will be scheduled at the following appropriate court:

MOUNT VERNON MUNICIPAL COURT: (360) 336-6205

SKAGIT COUNTY DISTRICT COURT: (360) 336-9391

SKAGIT COUNTY SUPERIOR COURT: (360) 336-9440