Protection orders are issued by the court to protect someone from harm. The order prohibits a party from taking specific actions related to the protected party. Violating protective orders could lead to criminal prosecution.
Have you been served with a temporary protection order and notice of hearing in Washington State? If so, and the protection order is not related to an ongoing divorce or child custody case, it is crucial to speak with a Seattle Criminal Defense Attorney as soon as possible. Protection orders can include numerous restrictions that could impact several areas of your life. By working with a criminal attorney, you might be able to resolve the situation without going to court.
Benefits of Resolving a Protection Order Outside of Court Using a Settlement Agreement
Settlement agreements include the terms and conditions parties negotiate to resolve a dispute. A settlement agreement is a legally binding contract between the parties. If a party breaches the agreement, they face legal consequences.
The benefits of negotiating a settlement agreement for a protection order include:
- Avoid Costs – Legal fees and court costs can quickly add up when you take a matter to court. Settlement agreements provide a cost-effective alternative to court.
- Time Savings – Generally, parties can enter a settlement agreement quicker than they can go to court. The court’s schedule and other factors could delay a hearing for a protection order.
- Emotional Relief – Court cases are adversarial by nature. A court battle can intensify conflicts between the parties. All parties may feel a greater emotional strain. Settling offers a calmer resolution.
- Privacy – Court matters are often a matter of public record. However, a settlement can be negotiated privately.
- Flexibility – Courts are limited in what they can do. However, settlement agreements provide flexibility to negotiate a customized agreement that is best for both parties.
- Avoid Consequences of a Court Order – if you are the Respondent, it is better for you that the Court not issue an order against you. Even if you do not believe you have done anything to merit the issuance of an order, you may be at risk of the Court issuing an order against you becuase often the Courts want to be “better safe than sorry.” Even though a court order is not a criminal conviction, it can show up when you travel to other countries. It can cause issues with your employer and can show up in background checks.
Before negotiating a settlement agreement for a protective order, talk with an experienced criminal defense lawyer. A settlement agreement may or may not be in your best interest, depending on the circumstances of your case and whether you are the Petitioner or the Respondent.
Types of Protection Orders Issued in Washington State
A petitioner files a Petition for a Protection order explaining why they need the court’s protection. Generally, the court schedules a hearing to issue a temporary protection order. A hearing date is scheduled for the court to hear from both sides. You should obtain a copy of the temporary protection order and a Notice of the Hearing.
Read the protection order very carefully, noting each requirement and restriction. You could face jail time and other criminal penalties if you violate a protection order.
At the hearing, the petitioner presents evidence supporting a permanent protection order. You can offer a defense. The judge determines whether a final protection order is required and, if so, the terms of the final order.
There are several types of civil protection orders issued in Washington. Depending on your situation, you may petition the court for:
- Domestic Violence Protection Order
- Stalking Protection Order
- Extreme Risk Protection Order (ERPO)
- Sexual Assault Protection Order
- Anti-Harassment Protection Order
The court may include numerous terms in a protection order to protect the petitioner. For example, a judge may prohibit you from contacting the petitioner in any way. The order may also include restrictions that prevent you from being within a specific distance of the petitioner, their home, school, and work. Many orders include a requirement to surrender firearms and prohibit the purchase of new firearms.
Get Help From an Experienced Seattle Criminal Defense Attorney
Protection orders can have serious consequences. Negotiating a settlement may be the best alternative for all parties. For more information, call Jennifer Horwitz Law for a confidential consultation with a Seattle Criminal Defense Attorney.