Domestic violence is one of the scariest experiences someone can go through, and survivors need quality legal representation and support to understand their rights and obtain necessary legal protections within the family legal system. A Kent domestic violence lawyer could take immediate action if you have safety concerns and help hold perpetrators accountable.
The family law attorneys at our firm help victims secure civil protection orders or restraining orders to ensure safety. With over 73 years of combined experience across our team, the Lutz & Associates, P.S., team is well-versed in complex family law matters that often intersect with domestic violence, such as child custody and divorce.
What is a DVPO and What Does it Do?
A Domestic Violence Protection Order (DVPO) is a civil court order issued by a judge to protect victims of abuse from someone with whom they have an intimate relationship. Unlike criminal orders, the survivor, known as the petitioner, starts this process on their own by filing a petition in court. A DVPO is specifically for protection from an intimate partner or a family or household member who has committed acts of domestic violence.
A DVPO can protect someone from current or former spouses, domestic partners, dating partners (13+), or people they share children with. It can also protect against relatives by blood or marriage, people the survivor lives with (or used to live with), and legal guardians. A judge can tailor the order to a petitioner’s specific safety needs. Common provisions include:
- Move Out: Requiring the abuser to vacate a shared residence immediately
- Custody: Granting the petitioner temporary custody of shared children or pets
- No Contact: Prohibiting the abuser from calling, texting, emailing, or initiating contact through third parties
- Stay Away: Ordering the abuser to stay a certain distance from the home, workplace, school, or children’s daycare
- Weapon Surrender: Ordering the abuser to turn in their firearms and concealed pistol licenses to law enforcement
A DVPO is a standalone civil order and is generally considered stronger than a restraining order. Violating a DVPO is a criminal offense that can lead to immediate arrest. A DVPO may include custody provisions, but these are usually temporary until a formal parenting plan is established.
You do not have to go through this alone, and supportive legal counsel could ensure nothing is missed for your utmost safety. Our compassionate and dedicated Kent domestic violence attorneys could answer your questions and help you understand your legal options about DVPOs and other types of restraining orders to move forward with.
What Other Types of Orders Are There?
In Washington, family law restraining orders are specifically tied to a family law case. They can include safety restraints like a DVPO, but they also cover financial or property issues, such as preventing a spouse from selling assets or canceling insurance. Violating a civil restraining order is typically handled through contempt of court proceedings, which may result in fines or jail.
A parenting plan establishes residential schedules and decision-making for children. These are often part of a divorce, parentage, or legal separation case. If a judge finds a history of domestic violence, they must place mandatory restrictions on that parent’s time or decision-making authority.
How Does the Legal Process Work?
To obtain a DPVO, you must file a petition with the proper state court describing the harm you are alleging. Our Kent attorneys understand the court and procedural requirements for these situations, and could walk alongside you during your domestic violence case to help you secure the legal protection you need for your family.
A judge often reviews your paperwork the same day you file. If they believe you are in immediate danger, they can issue a temporary protection order lasting up to 14 days without the other person being present until a full hearing can be held.
Law enforcement typically serves the respondent (the person the order is against) with a copy of the temporary order and the hearing notice. A final hearing is held within roughly 14 days. Both parties can present evidence and testimony during the hearing. If granted, the full order can last for a specific period (often one year) or permanently.
Do Not Hestitate to Contact Our Caring Kent Domestic Abuse Attorneys
A Kent domestic violence lawyer can work aggressively and with compassion to leverage the power of the law to stop domestic abuse in a civil setting and protect your safety. Our team has extensive experience assisting clients in obtaining domestic violence protection orders.
We are deeply familiar with the procedures of the local courts and opposing attorneys, which can be a significant advantage for handling these complex legal processes efficiently. If you have questions about the civil aspect of a domestic violence case, do not hesitate to contact Lutz & Associates, P.S., today to receive your confidential case consultation with attorneys who care.
