By Tammy McElyea
In the past three weeks the news headlines have been riddled with domestic violence homicide/suicide incidents.
This prompted us to ask did these women know how to access the system? Did they know how to obtain a domestic violence protection order? A recent study published in the Journal of the American Medical Association (8/7/02 vol. 288, no.5) concluded that having a permanent protection order is associated with an 80 percent reduction in police reported physical violence during the first year after an intimate partner violence incident. This is not to say that having a protection order alone is going to stop the violence. But when used as a part of a comprehensive safety plan it can enhance the victim’s ability to remain safe.
We often hear domestic violence victims confuse the different types of orders. There are four types of orders, one criminal and three civil:
• No Contact Order-only issued by a criminal judge
• Domestic Violence protection order
• Restraining order out of a dissolution
• Anti harassment order
The legislative intent of the domestic violence protection order process was to provide a quick, easy and effective access to the court system for the victim and accountability of the abuser. The RCW 26.50 clearly defines the process and what constitutes domestic violence. Some examples of what can be requested in a protection order are:
• Restrain the respondent from the petitioner’s residence, work place, school or children’s day care or school.
• Restrain the respondent from assaulting, harassing, stalking or threatening petitioner.
• Grant temporary custody of minor children.
The petitioner can go to the local district or superior courts to file a petition for protection, which will be in effect for fourteen days. These orders are free of charge for the petitioners and can be served by law enforcement. After the fourteen days a final hearing is held to give the respondent an opportunity to reply in writing or in person. If the order is granted the length of the order will be determined by the judge or commissioner. Generally, the protection orders are granted for one year. If your order is denied there is a process for reconsideration. You can ask the court clerk for the specific paperwork for a revision and how to request a new hearing.
Some petitioners have shared with us their experiences with the protection order process. You may hear there must be physical violence or incidents reported to law enforcement in order to obtain a protection order. This is inaccurate information. The RCW clearly includes the fear or threat of imminent physical harm, bodily injury or assault between household or family members. You may be asked to provide photographs, police reports, medical records or additional statements before you can file a petition. Statutorily there is no requirement of the petitioner to provide these types of documents to obtain an order although these items can be useful at the final hearing. You will be asked to provide a written detailed statement in your own words of the events that have occurred. If English is not your first language an interpreter should be provided for you to assist in paperwork and at the hearings.
Our hope is that by understanding the process you will be able to make the system work and know the resources available. If you are a victim of domestic violence you can access these resources through following numbers:
Center for Battered Women 425-252-2873 24 hour Hotline
Mountlake Terrace Police Department 425-670-8260
CLEAR (legal services) 1-888-201-1014
Remember there is no excuse for domestic violence but there is help.
Tammy McElyea is the domestic violence coordinator for the Mountlake Terrace Police Department.
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