Articles

Dealing with Domestic Violence

You are in your car stopped at a stoplight on the way to the grocery store. A lot of mundane things are going through your mind. You run through the grocery list; you think about what you will be having for dinner; and you remember a phone call you have to make tomorrow at work. You glance over at the car next to you which is also waiting for the light to turn green. You quickly realize that the middle-aged couple in the car next to you are having some kind of an argument. The woman, on the passenger side, has her head turned toward you but she doesn't see you. Her eyes are full of tears and her mascara is smeared. In the driver's seat, a heavyset man is yelling at the woman. His face is filled with scorn and contempt.

You think to yourself, "what the heck is wrong with that guy?" You decide to stare sternly at the man so that he will become self-conscious and stop yelling. He is so focused on the woman and self-absorbed that he doesn't even notice you. Suddenly, the woman turns to say something to the man, he smirks, grabs the woman's face with his meaty hand and gives her head a malicious shove.

What do you do at this point? There has been no slap or punch; there is no blood, and there will be no bruise. Yet, the brutality of what you have just seen is very clear.

What to do? Call 911? What could the police do if they arrived? Anyway, you are in the middle of traffic. Should you honk your horn? You try to catch the man's attention but he is much too involved in his own world to pay attention. Before you can decide what to do, the light changes. The man drives on and the car disappears.

Then you wonder, why didn't I do anything? Should I have taken down his license plate number? What will happen to that woman?

You may have been a victim or witness to domestic violence at some point. It may be unlikely that this specific scenario has occurred to you. Unfortunately, dear reader, it did happen to me. The exact scene described above is something that I personally witnessed several weeks ago. One of the reasons why I am writing today's column is because I cannot erase this scene from my mind.

I have read a lot about domestic violence in the media. I have seen it portrayed sometimes in movies and on TV. But, I can tell you that seeing domestic violence first hand is very disturbing indeed.

How much more disturbing to the victim? I don't specialize in domestic violence cases but the issue is something that I come across in my private practice. Although I know some of the legal steps that can be taken by battered women to stop or avoid domestic violence, I realized after the above incident that I didn't know enough. As a result, I have been gathering information which I might be able to use for my clients and for this column.

I have received information from a number of sources including women's advocacy groups and the Domestic Violence Advocacy Unit at the King County Prosecuting Attorney's Office.

In today's column, I am going to give some information about court protection against domestic violence. Next week, I will be giving information about agencies and advocacy groups.

Four types of court orders are available when someone is the victim of domestic violence: (1) an Order for Protection; (2) a No Contact Order; (3) a Restraining Order; and (4) an Antiharassment Order.

Order for Protection. Anyone who has been the victim of domestic violence and may be abused by a family or household member can file a petition asking the court for a civil Order for Protection in any district, municipal or superior court. There is no cost for filing, and the initial order will last 14 days. This order can be extended after a court hearing for one year or more.

No Contact Order. Any victim of domestic violence can obtain a No Contact Order in a criminal matter involving domestic violence. The incident must be reported to the police, and the order is issued in the criminal proceeding in district, municipal or superior court. The duration of the order will depend on what happens in the criminal proceeding. This order can be obtained through the county prosecutor's office.

Restraining Order. To obtain a civil Restraining Order, the petitioner must either be married to the abuser or have a child with the abuser. This order is obtained by filing a motion requesting a Restraining Order during a civil proceeding in court involving a divorce, legal separation, child custody matter or paternity lawsuit. It can be issued only through the superior court. The temporary order lasts 14 days and can be extended to a longer period depending on the circumstances. Ordinarily, the victim will need an attorney in this kind of proceeding.

Antiharassment Order. This is a civil proceeding usually filed by the victim without an attorney asking for court assistance after being seriously alarmed, annoyed or harassed by conduct which serves no lawful purpose. It can be filed in either district court or superior court. This order also lasts 14 days on a temporary basis and can be extended to a one-year Restraining Order. This kind of an order does not necessarily involve a domestic situation. It can be used to prevent harassment unrelated to the petitioner and who does not live in the same household.

Free information and advice on what victims' of domestic violence can do is available from many agencies. In the event of an emergency, this information can be obtained by calling 911. The phone number for the Domestic Violence Hotline is 1-800-562-6052. In the South King County area, information can be obtained from Advocates for Abused Women at 656-8423 or the Domestic Abuse Women's Network (DAWN) at 656-7867.

Next week this column will focus on legal definitions of domestic violence and community resources available to those who are abused.