Domestic Violence Allegations • Protection Orders/Restraining Orders
At Clement Law Center we believe in attempting to do what is fair in matters involving domestic violence. We do not represent just one side. We have represented both men and women and the accused and victims in these cases. We will attempt a just outcome in your case and work toward showing the court the truthfulness of each claim.
Protection Orders & Restraining Orders
A Domestic Violence Protection Order is a civil case filed against someone where there are allegations of physical or emotion domestic violence. Frequent restraints granted in these cases include prohibitions of communication with another person, removal from the home two people share, and disallowing the person to come within a certain distance of another person. In instances of domestic violence, criminal charges may also be brought against someone. Clement Law Center represents private parties in civil domestic violence matter, but we cannot assist you if you are facing criminal charges filed by the state.
A civil Restraining Order is part of an ongoing matter in the family courts, including paternity and dissolution cases. If domestic violence is an issue, a Restraining Order may include some of the same restraints as a Protection Order. However, a Restraining Order may also include financial restraints between the parties, a prohibition on disturbing the peace of the other party or children involved, and decide who is using property or paying bills. A Restraining Order does not necessarily need to include issues of domestic violence and are routinely issued in dissolutions to prevent unfair or unusual financial transactions.
Victims of domestic violence can file a petition for a civil Protection Order. Domestic violence is broadly defined. RCW 26.50.010 outlines domestic violence as, "...(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household member; (b) sexual assault of one family or household member by another; (c) stalking as defined in RCW 9A.45.110 of one family or household member by another family or household member." It includes all forms of physical abuse, including punching, kicking or slapping, as well as pushing, grabbing, pulling hair or throwing an object, whether or not there is any lasting physical harm. It can also extend to acts, gestures or statements that cause fear of bodily harm, such as punching the wall in anger or saying statements such as, "Watch your back if you file for divorce," "I'm going to kill you," or "You'll never see our kids again if you leave me." Other examples would include trapping someone (e.g., blocking the bedroom door) and breaking objects (e.g., smashing a cell phone).
Domestic Violence Allegations
Police, prosecutors and judges take domestic violence seriously. In addition to criminal charges, domestic violence accusations can lead to restraining orders or protection orders, and play a significant role in divorce and custody proceedings. It is up to the judge to determine the credibility of each person's claims and decided what restraints, if any, should be ordered.
At Clement Law Center, we take domestic violence seriously as well. We have built our reputation on representing both those who file and those who defend against claims of domestic violence. Our goal is to do our best to make sure that the Court considers the best evidence and makes an informed and just decision in every case.
- We assist victims of abuse in obtaining temporary orders for protection and follow up when these orders need to be continued for the safety of the victim and children.
- We represent those accused of domestic violence, making sure that protection orders are not granted for false claims of violence in order to gain advantage in divorce.
Our lawyers have represented men and women on both sides of domestic violence cases, in the context of family court and in civil court proceedings.
Seattle Domestic Violence Attorneys
Domestic violence accusations often result from an argument that got our of hand or was fueled by alcohol or drugs. Once the police are summoned, many possible events can be set in motion: an arrest, a kick-out order or cooling-off period, a temporary restraining order, a DV conviction for assault, and/or a permanent restraining order or civil protection order.
If the allegations stick, domestic violence can seriously impact child custody of visitation orders:
- A parent who commits domestic violence may have his or her visitation suspended or limited.
- The parent may be barred from seeing his or her kids, or allowed only supervised visitation.
Violating a restraining order can result in additional criminal charges, and additional restrictions on child custody or visitation.
Federal Way Domestic Violence Attorneys
Our attorneys have handled many domestic violence case. We understand what is at stake whether you are the victim of domestic violence or are accused of domestic abuse. If you are the victim of domestic violence, we will aggressively fight to have the court enter a strong protection order. If you have been falsely accused, we and will fight DV allegations, and will push to terminate or ease restraining orders when that is appropriate. When the situation calls for it, we will negotiate for anger management, treatment for DV offenders, or counseling instead of more severe sanctions and the loss of visitation rights.
We practice in King and Pierce Counties in Washington State. Contact us today for a free consultation.