Since RCW 7.105, the Washington State law that controls Civil Protection Orders, went into effect in 2022, local courts have seen a significant increase in protection order cases. As a result, Grit City Law has developed an expertise in Civil Protection Order representation. We are equally experienced in representing Respondents and Petitioners in these cases.
There are separate Civil Protection Orders for Domestic Violence, Harassment, Stalking, Sexual Assault, Vulnerable Adult Abuse, and Extreme Risk Protection. Some types of Civil Protection Order cases follow similar paths in court. Others are handled in completely different ways, up to and including complex Superior Court trials.
Civil Protection Orders often have very serious consequences. An order can result in ineligibility for certain kinds of employment, housing, and security clearance. An order can also have a significant effect on the outcome of divorce and parenting plan cases. A single violation of a current Civil Protection Order can result in a criminal conviction and jail time. Several violations can even lead to years in prison.
Civil Protection Order hearings are considered “special proceedings” by the courts, which means that the evidentiary standards are lower (making it harder to keep out evidence presented against you that would not be admissible in other kinds of hearings).
Special proceedings are decided by the courts on a “preponderance of the evidence,” which is the lowest standard used in our country. A “preponderance” in a Civil Protection Order case means that the court makes its rulings based solely on whether or not the court finds one party’s case more — or less — credible (or believable) than the other party’s case. It can be defined many ways, but a preponderance essentially means that the court believes one party’s case 51% and the other party’s case 49%.
These low evidentiary and preponderance standards makes every step in preparing and presenting a Civil Protection Order case crucial. Any single piece of evidence (or the lack of any single piece of evidence) can be the deciding factor for the court. Ironically, the low standards make these cases more complicated than they might appear. Civil Protection Order hearings tend to be fast-paced, without a lot of time to think and react to the evidence and testimony as it comes in. Unrepresented parties often find it difficult to present their cases effectively under those conditions.
If you are considering filing a petition for a Civil Protection Order, or find yourself or a loved one fighting against such an order, do yourself a favor and give Grit City Law a call at 253-254-6277 as soon as possible. We know what we’re doing, and we’re happy to help you get through the process as smoothly as possible. Isn’t that what you want?
