In Washington State, individuals can petition the court for a Sexual Assault Protection Order (SAPO) without filing criminal charges. These orders can restrict an alleged offender from taking specific actions. The order may also result in collateral consequences for the alleged offender.
Jennifer Horwitz Law represents individuals accused of sexual assault, including challenging petitions for protection orders. Lead attorney Jennifer Horwitz has over 30 years of experience. She handles all aspects of a client’s case to ensure they receive personalized and trusted legal representation.
Call Jennifer Horwitz Law to schedule a confidential consultation with a Seattle criminal defense attorney to learn about protecting your rights if you are accused of sexual assault and are facing a Sexual Assault Protection Order.
How Jennifer Horwitz Law Can Help You With a Defense Against a Sexual Assault Protection Order in Washington State
Civil protection orders are issued by the court to protect someone from harm. Sexual Assault Protection Orders can be issued when someone is the victim of nonconsensual sexual conduct or nonconsensual sexual penetration. Being accused of sexual assault could result in severe penalties, including being subject to a protection order.
At Jennifer Horwitz Law, our lawyer for protection orders has extensive experience defending individuals against these orders. Lead attorney Jennifer Horwitz has top ratings from Super Lawyers and Avvo. She is one of the Best Seattle Lawyers by Forbes.
When you hire our top-rated Seattle protection order attorney, you can trust she will:
- Listen intently as you explain what happened to understand the specifics of your case
- Explain your legal options and rights under Washington law
- Prepare and submit all documents and paperwork to challenge and dispute a sexual assault order of protection
- Keep you informed about the progress of your case
- Aggressively advocate for your best interest and rights during all court appearances, including arguing against an order of protection
When you are accused of sexually assaulting someone, you need an aggressive defense. Dealing with the court system can be frustrating, especially when the court errs on the side of the alleged victim. Jennifer Horwitz will develop a defense strategy using the facts and evidence in your case to argue against the court issuing a sexual assault protection order.
Call Jennifer Horwitz Law to schedule a confidential consultation with our attorney for sexual assault protection orders in Seattle, WA.
Sexual Assault Protection Orders in Washington State
A Sexual Assault Protection Order (SAPO) is a legal order issued by a court when an alleged victim (i.e., petitioner) accuses someone of sexual assault. A Sexual Assault Protection Order can be issued after a single incident of sexual assault. These orders can be issued through the civil courts or as part of a criminal matter.
Unlike restraining orders, SAPOs do not require a pre-existing relationship between the petitioner and the alleged offender (i.e., respondent). A SAPO can be issued when the parties are co-workers, neighbors, attend the same school, or are strangers.
If you are subject to a protection order, you cannot contact the petitioner by phone or digital means. The order prohibits you from contacting the petitioner indirectly through family or friends. The order may include restrictions on approaching the petitioner’s home, workplace, or school and/or remaining a specific distance away from these locations. SAPOs can significantly restrict your rights and freedoms.
Who Can Petition the Court for a Sexual Assault Protection Order in Washington?
A person 16 years old or older can petition the court for a protection order. Parents and guardians may petition the court for protection orders for minors under 16 years old. If the victim is a vulnerable adult, a third party may file a petition with the court on their behalf.
The petitioner files a petition with the Superior Court in the county where they reside. The petition must allege that the petitioner is the victim of nonconsensual sexual conduct or penetration. Sexual assault is defined by law to include the nonconsensual:
- Touching of private parts directly or through clothing
- Any type of sexual penetration by someone else’s body part
- Forced display of private areas for the sexual arousal of someone else
The petition must also include an affidavit by the petitioner. The affidavit must explain the specific actions or comments you supposedly made during or after the assault that make the petitioner reasonably fearful of you and further dangerous actions.
The court schedules an ex parte hearing. You are not notified of an ex parte hearing. If the judge believes an order is justified, they enter a Temporary Sexual Assault Protection Order without you having the opportunity to defend yourself. A temporary SAPO is valid for up to two weeks.
The court schedules a full hearing within 14 days. You must receive a copy of the temporary order and a notice of hearing at least five days before the hearing. Usually, a law enforcement officer serves the papers. If you receive a protection order and/or notice of hearing, contact a criminal defense attorney immediately. You have the right to appear at the hearing to defend yourself.
After both parties present evidence and testimony to support their position, the judge decides whether to issue a permanent Sexual Assault Protection Order. Permanent orders are valid for up to two years. The judge decides how long the order remains in effect and the specific provisions the order should contain.
Potential Defenses to a Sexual Assault Protection Order in Seattle, WA
There may be one or more defenses you can raise to a protection order. The attorney will begin by denying the allegations in the petition. The defense used depends on the circumstances and evidence in your case. Potential defenses could include, but are not limited to:
- Failing to follow the legal process to obtain a SAPO
- Failure to demonstrate that you pose a threat to the petitioner
- Evidence proving the petitioner is using fraud or misrepresentation to obtain a protection order
- Challenging the credibility of the petitioner, such as providing evidence the petitioner is making the accusations to gain an advantage in another matter
- Failing to demonstrate statutory grounds for a protection order
- Evidence proving that you could not have committed the sexual assault (i.e., an alibi)
Defenses to Sexual Assault Protection Orders are specific to the case. Our legal team thoroughly investigates your case to gather evidence and determine the applicable defenses to argue in court.
Violations of Sexual Assault Protection Orders in Washington
If you violate an SAPO, you can face severe penalties. The courts treat violations seriously because the order is intended to protect the victim from future harm. If the court finds you violated the order, you may receive a substantial jail sentence, fines, and other penalties.
You may have one or more defenses to allegations you violated an SAPO. For example, you may argue lack of notice because you were unaware of the order or that the violation was unintentional because of a mitigating factor. You may argue that you never committed the act that the protected person is accusing you of committing or that the protected person initiated the contact to get you into trouble.
The circumstances of the allegations will be reviewed to determine the potential defenses. If you violated the order, we may be able to negotiate a plea agreement to avoid the harshest penalties.
Schedule a Consultation With a Seattle Sexual Assault Protection Order Attorney
Jennifer Horwitz Law understands what is at stake for you when you are accused of sexual assault. Our legal team aggressively defends your rights and advocates for your interests. Schedule a confidential consultation today with an experienced Seattle civil protection order attorney.