Domestic Violence Protection Order Process
Glossary of Terms
CONTINUANCE: See "Reissuance of Temporary Order".
COURT: The place Petitioner goes to get the order AND the person--either a Judge or Court Commissioner--who signs the order which grants help to the Petitioner Refers to any Municipal, District or Superior Court.
DATING RELATIONSHIP: A social relationship of a romantic nature. The court looks at how long the relationship existed, the nature of the relationship, and the frequency of interaction between the parties. (RCW 26.50.010(3))
DISTRICT COURT: Court of limited jurisdiction. May always process protection order filings and issue temporary orders providing all reliefs granted in RCW 26.50.070. Cases involving exclusion from shared residence, custody or visitation issues, or other Superior Court action must be transferred to Superior Court for full hearing. (RCW 26.50.020(5))
DOMESTIC VIOLENCE: Physical harm, bodily injury, assault, including sexual assault, stalking, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members. (RCW 26.50.010(1))
EMERGENCY ORDER: See "Temporary Order for Protection".
EX PARTE: Only one party is present and the Judge hears only that party's side. The hearing for the Temporary Order is usually Ex Parte, meaning only the Judge and the Petitioner are in court.
EX PARTE ORDER: See "Temporary Order for Protection".
EXTENSION OF TEMPORARY ORDER: See "Reissuance of Temporary Order".
FACE SHEET: See "Law Enforcement Information Sheet".
FAMILY OR HOUSEHOLD MEMBER: Adults who are or were married to one another, have lived together, are related to one another, or have had a child together. This also includes persons sixteen years of age or older who have or have had a dating relationship. (RCW 26.50.010(2))
FOURTEEN DAY ORDER: See "Temporary Order for Protection".
FULL ORDER: See "Order for Protection".
JUDICIAL DAY: Every day except Saturdays, Sundays, or legal holidays. (RCW 26.50.010(5))
LAW ENFORCEMENT INFORMATION SHEET (LEIS): Also called "Face Sheet," this form provides information necessary for law enforcement to enter protection order on police computer, to serve papers on Respondent and to notify Petitioner of service or non-service. (RCW 26.50.090(4))
LAW ENFORCEMENT INFORMATION SYSTEM: Also called "WACIC" or "police computer," this is a criminal intelligence information system used in Washington State to list outstanding warrants. Protection order information is entered on this system and remains there until court-ordered removal or until the order expires. Such entry serves as notice to all law enforcement agencies and helps give protection orders statewide enforcement. (RCW 26.50.100)
MOTION TO MODIFY ORDER FOR PROTECTION: Form used by either party to ask court to change an existing court order for protection. (RCW 26.50.130)
MUNICIPAL COURT: City court of limited jurisdiction. See "District Court" for jurisdictional limitations.
NOTICE OF HEARING: Lists date, time, and location of full hearing to be held on the Order for Protection. It is part of the Temporary Order for Protection. (RCW 26.50.070(4))
ONE YEAR ORDER: See "Order for Protection".
ORDER FOR PROTECTION: Also known as "Full Order" and "One Year Order", this is a civil order providing for protection, including a restraint against physical or threatened harm. It can involve exclusion from Petitioner's residence. It can set custody and visitation for a limited period, order counseling and payment of court costs. Requires previous notice to Respondent, although Respondent's appearance at the hearing is not required. The hearing for this order shall be set within fourteen days of the filing of the petition. (RCW 26.50.060) The Order is generally made effective for one year although circumstances may warrant an Order of shorter or longer duration.
ORDER MODIFYING ORDER FOR PROTECTION: Changes or clarifies terms of existing Order for Protection but keeps the Order in effect. If the modification does not impose a new burden or restrict the rights of the other party, it can usually be signed Ex Parte. Otherwise, an Application to Modify Protection Order must be filed, a hearing date set, and the other party served with notice. Either party may file a request to modify. (RCW 26.50.130)
ORDER TERMINATING ORDER FOR PROTECTION: Dismisses an Order for Protection and upon receipt of a copy of the Order terminating, law enforcement agency will remove the Order from the LEI system. This requires Petitioner to file a motion to terminate the Order. The Court renders a decision after a hearing. (RCW 26.50.130)
ORDER TO WAIVE FEES: Also known as "In Forma Pauperis", "Order to Waive Fees" and "Waiver of Fees". Allows indigent Petitioner to proceed without payment of filing, service or copying fees. See "Motion to Waive Fees." (RCW 26.50.040)
PETITION FOR AN ORDER FOR PROTECTION: Form completed by Petitioner which identifies the parties, minor children, describes the specific acts or threats of violence alleged to have occurred, and requests specific relief from the court. Respondent must be served with a copy of this petition prior to the full hearing. (RCW 26.50.030)
PETITIONER: Party who commences the action; the alleged victim of domestic violence. (RCW 26.50.020(1)) Also may be referred to as "plaintiff".
REISSUANCE OF TEMPORARY ORDER: Also known as "Extension of Temporary Order" or "Continuance". Extends relief granted in the original Temporary Order and sets a new hearing date, usually two weeks later. (RCW 26.50.070(4))
REQUEST FOR LEGAL ASSISTANCE: Form completed by Petitioner to obtain assistance of Prosecuting Attorney to initiate and prosecute a contempt proceeding for violation of the terms of a Protection Order. (RCW 26.50.120)
RESPONDENT: The party who is alleged to have committed domestic violence against the Petitioner. Also may be referred to as "defendant".
RETURN OF SERVICE: Form completed by person serving protection order papers on Respondent as proof of service. The Petitioner, court and law enforcement need to be notified that service has been accomplished. This form is entered in the court record. Often the Court cannot hold a full hearing until this document is in the court file or presented to the judge. (RCW 26.50.090)
SHORT-TERM ORDER: See "Temporary Order for Protection".
SUPERIOR COURT: Court of general jurisdiction located in each of Washington's 39 counties. Has full jurisdiction to execute an Order for Protection including determining child custody and visitation and excluding Respondent from a shared residence. (RCW 26.50.020(2))
TEMPORARY ORDER FOR PROTECTION: Also known as "Ex Parte Order", "Emergency Order", "14 Day Order", or "Short-Term Order." Provides emergency relief for a fixed period not to exceed fourteen days. Does not require prior notice to Respondent but Petitioner must allege that irreparable injury could result from domestic violence in the absence of this order. A full hearing must be scheduled within fourteen days of issuance of this order. (RCW 26.50.070)
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