Conozca la Ley: Washington
ACTUALIZADA 21 de noviembre, 2008
A Domestic Violence Order of Protection is a civil order that provides protection from harm by a family or household member.
Basic Information
arribaWhat is the legal definition of domestic violence in Washington?
This section defines domestic violence for the purposes of getting a domestic violence order for protection.
Domestic violence is when one ore more of the following things occur between "family or household members":
- physical harm
- bodily injury
- assault
- sexual assault
- stalking
- making you fear immediate physical harm, bodily injury or assault.*
This definition includes many types of abusive behaviors, such as pushing, hitting, slapping, biting, choking, and other conduct that causes you harm or puts you in fear of being hurt.
* RCWA 26.50.010(1)
arribaWhat is a domestic violence order for protection?
A domestic violence order for protection (DVOP) is a paper which is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.
The Washington courts publish additional information on domestic violence orders of protection.
arribaHow can a domestic violence order for protection help me?
As part of a final DVOP, the judge can order the following relief:
- Order the abuser not commit acts of domestic violence against you;
- Remove the abuser from the home that you share;
- Order the abuser to stay away from your residence, work, school or from the school or day care of your child;
- Prohibit the abuser from coming within a certain distance from a specific location;
- Order the abuser not to contact you or your children or members of the your household
- Give one parent temporary custody of children;
- Set a schedule for visitation with minor children;
- Grant you possession of essential personal items (including pets);
- Grant you use of a vehicle;
- Order the abuser to pay administrative court costs and service fees, and to reimburse you for costs incurred in bringing the action (such as reasonable attorney's fees);
- Order the abuser to participate in a batterers' treatment program;
- Require the respondent submit to electronic monitoring;
- Require the abuser to surrender his firearms;
- Order any other relief that the judge believes is necessary for your protection and the protection of your family or household members.*
Whether a judge orders any or all of the above depends on the facts of your case.
Note: A DVOP CANNOT:
- order child support
- order maintenance (alimony)
- assign most property to either party
- establish permanent child custody.
* RCWA 26.50.060(1)
arribaIn which county can I file for a domestic violence order for protection?
You can file a petition in the county or municipality where you live. If you’ve moved to avoid further abuse, you can file the petition in the county or municipality where you lived previously, or in the county or municipality where you’re currently staying.* However, if you are trying to keep your address confidential, filing in the county where you have fled to would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* RCWA § 26.50.020(6)