Legal protections in Washington state against domestic violence

June 22, 2013

Legal protections in Washington state against domestic violence

Article provided by Madow Law Office
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Apparently Washington state is no different than the rest of the world when it comes to the scourge of domestic violence. Washington law allows victims of domestic violence to seek court orders of protection, also known as restraining orders, against their abusers.

The big picture

On June 20, 2013, the World Health Organization released a major report finding that about one-third of women internationally are victims of "intimate partner violence," including murder and physical injury. The WHO says that female victims of domestic violence are more likely to have depression, alcoholism, sexually transmitted diseases, unplanned pregnancies and underweight babies.

The U.S. Office on Violence Against Women, part of the Department of Justice, considers domestic violence to exist when an intimate partner uses "abusive behavior" to assert "power and control" over the other partner, including abuse that can be physical, sexual, financial or psychological. Psychological or emotional abuse often involves threats and intimidation to create fear.

And while women are the most frequent victims, male partners can also be targeted. Either gender is at risk in both opposite-gender and same-sex intimate partnerships.

Washington state statistics

The Washington State Coalition Against Domestic Violence reports 53 deaths from domestic violence in the state in 2012, including both murder and suicide, most often from gunshots. Not surprisingly, the densely urban counties of King and Pierce had 15 and 14 deaths, respectively, that year, but several other counties with lower populations also experienced domestic violence fatalities. For example, Snohomish County had two and Skagit County one.

Washington law

Washington state domestic violence laws are broad, reaching "family or household members," including:
-Married or domestic partners
-Former spouses or domestic partners
-People who have a child together
-Adults related by blood or marriage
-Adults living together now or in the past
-Anyone 16 or older who has a dating relationship now or in the past, although there are provisions for relief for someone 13 or older dating someone 16 or older
-People in parent-child relationships whether biological or through adoption, including stepparent-stepchild and grandparent-grandchild relationships

Orders for protection

A domestic-violence victim may file a petition for an order for protection in Washington court. Depending on the circumstances, the perpetrator may be restrained from carrying out or threatening violence; from going to a particular place like the victim's home (even if shared with the respondent), school or place of employment, or a child's school or day care; from having contact with, monitoring or following the petitioner, his or her children or household members; and more. The court order may also make provisions to protect the petitioner's minor children and pets, and to restrict access to personal property and cars.

The respondent may be ordered to submit to electronic monitoring, to enter a domestic violence perpetrator treatment program or both. Violating an order for protection is a crime and in contempt of court.

A domestic violence or similar protection order may also be issued in the context of a divorce, dissolution of domestic partnership, legal separation or similar family law proceeding.

Get legal advice

Anyone in Washington state needing protection from domestic violence should contact a knowledgeable family law attorney with experience in obtaining court orders for protection. The legal provisions are complex and a lawyer can explain the options and requirements and assist with obtaining relief.

In contrast, anyone wrongly targeted with such an order can consult an attorney for legal advice about how to respond.