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    August 9, 2024
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    Domestic Violence, protection order
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    Steve Hemmat

Can I Get a Protection Order in Pierce County if We Aren’t Married?

Pierce County and King County allow individuals to obtain protection orders even if they are not married to their alleged abuser. Talk to a trusted Seattle lawyer to learn more about the legal protections available to survivors of domestic violence in Washington state.

Although every relationship is unique, all romantic and familial dynamics have one thing in common—they all encounter their fair share of disagreements. While some couples may argue more than others, no relationship is without at least a few minor miscommunications or arguments at some point. Many current or former spouses, dating partners, or co-parents are able to work through their misunderstandings with time and respectful communication, but others may develop into unsafe situations or potentially abusive dynamics. Unfortunately, survivors of domestic violence often feel ashamed of finding themselves in this situation, so they may not seek the legal protections they deserve to feel safe and secure. 

Despite ongoing efforts to increase public awareness of the pervasiveness of domestic violence throughout Washington state, many survivors worry that taking steps to leave an unsafe living environment will provoke the abuser or that reporting the abuse will not lead to any actual change. However, continuing to suffer in silence can increase the likelihood of repeated incidents of abuse or harm at the hands of a current or former spouse, dating partner, family member, or roommate. According to the National Library of Medicine, “Without treatment, domestic and family violence usually recurs and escalates in both frequency and severity.” As of 2023, an estimated 75 percent of those injured by domestic violence will continue to experience abuse if they do not take steps to report the incident or leave the unsafe environment. 

If you have suffered physical, emotional, or psychological abuse at the hands of an intimate partner or spouse, it’s essential to understand that you are not alone. Support is available to help you leave the abuser so you can feel safe again. Moreover, it’s important to recognize that legal protections and other forms of support are available to everyone, regardless of marital status, gender, sexual orientation, race, or age. In Pierce County, survivors of domestic violence can petition the court for a civil protection order that keeps them safe from ongoing acts of physical violence, harassment, or stalking by the abuser. Let’s take a look at some of the options for securing legal protection for unmarried couples in Washington state and how enlisting the guidance and support of a highly qualified and empathetic Seattle family law attorney can help you move forward into a brighter and safer future. 

Legal Rights For Unmarried Couples in Washington State

First, it’s important to recognize that survivors of domestic violence come from all types of backgrounds. Stubborn stereotypes continue to lead us to assume that survivors of domestic abuse tend to be younger females of lower socioeconomic status, while the typical abuser tends to be a larger, more aggressive male. Although this dynamic does happen, anyone can find themselves in an abusive relationship at some point. For example, men suffer abuse at the hands of a female or male partner, and domestic violence can develop in heterosexual and same-sex partnerships. Moreover, domestic violence can happen between dating partners, spouses, exes, co-parents, family members, and even roommates. In fact, Washington state extends legal protections to anyone suffering domestic abuse—not just married individuals. In other words, you can still secure a protection order against an abusive partner, even if you are not married to the abuser. Ultimately, Washington aims to protect as many vulnerable people as possible from finding themselves trapped in abusive or dangerous situations. 

Legal Protections For Unmarried Couples in Pierce County

If you are hoping to petition the court to issue a Domestic Violence Protection Order (DVPO) that compels your abuser to stop contacting you or subject you to further harm, Pierce County offers several resources to help you move through this process as smoothly and efficiently as possible. It’s helpful to understand the legal definition of domestic violence so you can determine whether you qualify for a protection order. Under RCW 7.105.010, domestic violence is defined as “Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner.” This definition also applies to such acts of domestic violence between family or household members. Many people are surprised to learn that domestic violence encompasses a wide range of behaviors beyond acts of physical harm—threats, harassment, stalking, and other forms of intimidation, even though they are not physical in nature, qualify as acts of domestic violence (and are, therefore, eligible for legal protection). 

Recognizing Coercive Control in Romantic or Familial Relationships

Most people understand that domestic violence can take several forms, from the infliction of physical harm to harassing a current or former spouse or dating partner with constant phone calls, text messages, or social media comments. The term “coercive control” is a relatively new addition to the legal definition of domestic violence, so it may be worth taking some time to understand what this term means. Washington law defines coercive control as “a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” The statute proceeds to list numerous examples of acts that constitute coercive control, such as using technology to threaten or humiliate another person, driving recklessly with the other person in the vehicle, exerting control over the other party’s identity documents, depriving the other person of basic necessities, among many other acts that somehow limit the other person’s autonomy. Essentially, coercive control interferes with a person’s independence and personal freedom in order to make them dependent on the abuser for basic needs (i.e., access to food, shelter, and financial resources). If you are wondering whether the turmoil or harm you have experienced at the hands of a spouse, dating partner, family member, or cohabitant qualifies as domestic violence or coercive control, reach out to a knowledgeable and caring Seattle divorce and family law attorney to understand your legal options. 

How to Obtain a Protection Order in Pierce County

Washington state legislators want to make civil protection orders available to everyone who needs them. To that end, various counties throughout the state have taken steps to streamline the petitioning process as much as possible. According to the guidelines published by Pierce County, you can obtain the paperwork online or by visiting your local Court for physical copies. Washington recently updated the civil protection order process by consolidating the separate petitions for each protection order into one universal petition, making it easier and more transparent for individuals to move through the process. This newly consolidated form allows the petitioner to indicate the type of protection order they are seeking and provide the required information so the court can process the petition as quickly as possible. Although you can navigate the protection order petition filing process on your own, many people find that enlisting the support of an empathetic and trusted divorce and family law attorney gives them the reassurance and encouragement they need during this challenging time. 

Legal Rights For Unmarried Couples in Washington State

Some people assume that protection orders and other forms of legal protection are only available to married couples in Washington state. However, it’s essential to understand that Washington considers violence of any kind between spouses, exes, or even platonic roommates to meet the legal definition of domestic violence. This means that you can secure a domestic violence protection order, an anti-harassment protection order, or another type of protection order against anyone you live with, regardless of whether they are your current or former spouse. Once the court issues the protection order, the respondent (i.e., the abuser) is prohibited from contacting you in any way (including online) or showing up at your home or place of employment. The order can also require the respondent to vacate a shared residence or surrender any firearms in their possession. Since the circumstances of every case vary slightly, the court will customize the specific terms of the protection order to address your unique needs and goals. 

It’s Time to Move Forward Into a Safer Future

When you are enduring physical, emotional, or psychological abuse at the hands of a manipulative and controlling person, it can seem as if this dynamic will continue forever. However, there is always a way out—you just need to explore your options with a caring and experienced lawyer who will help you identify the most strategic and safe path forward. Together, you can take steps to remove yourself from an unsafe living situation so you can regain control of your life. If you are ready to explore your options for putting a protection order in place, reach out to a dedicated and compassionate Seattle family law and divorce attorney to get started.

Everyone deserves to feel safe in their home. If you need help obtaining a protection order in Pierce County or King County, the dedicated legal team at the The Hemmat Law Group is ready to provide you with the customized and effective legal guidance you need during this challenging time. Please call our Seattle office today at (206) 682-5200 to get started with a highly qualified and caring family law attorney.

We Help Good People in Bad Situations

The Hemmat Law Group (HLG) was founded in 1994 by Steven Amir Hemmat, a former DOJ Trial Attorney. We specialize in family law, supporting victims of the legal system.

Divorce and Separation

The Hemmat Law Group help good people in bad situations.

Our lawyers provide expert legal advice connected to protection orders, including in cases of domestic violence, stalking, and neighbor disputes. Contact us today.

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Article by Steve Hemmat
Founder, CEO