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Sample Complaint For Temporary Restraining Order To Prevent...

Sample Restraining Order Form With Court In Washington

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

Control #:

US-000290

Format:

Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Grounds for civil anti-harassment in Washington Washington State law defines “harassment” as a set of willful actions over a period of time that: Annoys, alarms, or harasses you and serves no “lawful or legitimate” purpose. Causes a reasonable person to suffer substantial emotional distress.

A protection order is a type of "restraining order" that you, (the petitioner), can file against another person, (the respondent), who is committing harm. It is a civil court order (that you can request), issued by a judge, meant to protect you from another person committing harm against you.

To prevail, you'll need to prove that the person “seriously alarmed, annoyed or harassed” you, that the actions were detrimental to you and served no legitimate purpose, and that you suffered “substantial” emotional distress.

Courts in Washington State can impose penalties of jail time up to one year, a fine of up to $5,000, or both jail time and a fine. Also, the judge can order electronic monitoring. Getting convicted of violating an order of protection can have a significant negative impact on your life.

You can file an appeal within 30 DAYS after entry of the order. You have the right to a transcript or recording of the hearing. If new evidence would support issuing a protection order, you can refile a petition for a protection order at any time.

State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”

Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.

At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that facts satisfy whichever statute they are seeking protection under. The petitioner gets to present his or her evidence to the court (testimony, declarations, sworn reports) and then the respondent gets to do the same.

Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.

More info

You can ask the court for a Restraining Order. Self-help court forms and instructions on LawHelp Interactive to file for a protection order.Domestic Violence Protection Order; Sexual Assault Protection Order; Extreme Risk Protection Order (temporary). Fill out a Petition for Protection Order form. Individuals seeking a protection order can fill out the paperwork and submit it to the Clerk's Office online. Submit your civil protection order petition online. You must fill out the forms listed above plus an extra form: Notice to the Vulnerable. If you prefer to print a hard copy of the petition, the petition and other related forms are available for download on the Washington State Courts website. Important Notice – District Court personnel are not permitted to fill out any forms. District Court personnel are also not authorized to give legal advice.

Sample Restraining Order Form With Court In Washington

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FAQ

How much is a restraining order in WA?

What is the difference between a restraining order and a protection order in Washington state?

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What happens if someone violates a protection order in Washington state?

Can you appeal a protection order in Washington state?

What do you say in court for a restraining order?

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What is the burden of proof for a protection order in Washington state?

How do I write a letter to drop a no contact order?

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