The following is a transcript of “Domestic Violence and Protection Orders”, featuring John Avi Socha of Hemmat Law Group, discussing Domestic Violence and Protection Orders in Seattle.
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If you’re watching this video, there’s a chance you’re asking yourself a question that many people struggle to answer. Is what I’m experiencing actually domestic
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violence? For many people, the answer feels obvious. But for others, particularly professionals, business owners, or people in long-term
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relationships, the answer isn’t always so clear because domestic violence doesn’t always begin with physical violence. Often, it begins with
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isolation, control, fear, and financial manipulation. Monitoring where you go, controlling who you speak to, or making
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you feel as though leaving simply isn’t possible. The good news is that Washington law has changed significantly in recent years to recognize that abuse
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takes many different forms. That’s why we created this guide to explain how domestic violence is understood within
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Washington family law. How protection orders actually work, how abuse can affect divorce and parenting plans, and most importantly, how the legal system
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can help create safety for you and your children.
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One of the biggest misconceptions about domestic violence is that it always involves physical violence. Sometimes it
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does, but often that’s not the case. The reality is that abuse is often about power rather than physical injury as a
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rule. Washington now recognizes something called coercive control as a form of domestic violence. Coercive control is a pattern of behavior
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designed to restrict another person’s lawful freedom. Coercive control might involve controlling access to money and currency, monitoring your phone or
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online accounts or activity, preventing you from seeing family and friends, threatening your career or professional reputation, or creating an environment
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where you’re constantly afraid of making the wrong decision. It can even include driving recklessly with you or your children in the car. These behaviors can
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be incredibly difficult to recognize while you’re living through them because they often develop gradually over time and can be incredibly subtle. But
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Washington courts recognize that psychological, emotional, and financial abuse can be just as damaging as physical violence. Understanding that is
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often the first step towards understanding your legal rights.
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Many people imagine obtaining a protection order as a long and complicated court process. In reality, Washington law is designed to act
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quickly when safety is at risk. In King County, applications can often be made online through the protection order portal or in person through the court
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clerk. The first step is providing a sworn declaration explaining what’s happened to you and why you believe protection is needed. If the judge
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believes there’s an immediate risk, they can temporarily issue what’s known as a temporary protection order. Now, the judge will consider this ex parte, which
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simply means the judge considers your application without the other person present before the other person has been notified. The temporary order can
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provide immediate protection once you serve it until a full hearing takes place, which is when it expires by default. At that later hearing, both
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parties have the opportunity to present evidence in their case why the protection order should be issued and why it shouldn’t be. Importantly, this
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is not a criminal matter. You don’t need to prove your case beyond a reasonable doubt. Instead, the court uses the civil
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standard known as the preponderance of the evidence, which is in plain English, the judge need only be satisfied that
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it’s more likely than not that the abuse actually occurred or a 51% feather weight in your favor. That’s a very
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different legal threshold and one that many people don’t realize is attainable.
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Now, when domestic violence and parenting overlap, the law becomes even more protective. Washington family courts always make decisions based on
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what’s in the best interest of the child, not the interest of the parent.
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But where domestic violence has been established, the court’s discretion becomes much narrower. Now, under RCW 26.09.191,
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also known as 191 restrictions, judges are generally required to impose restrictions on an abusive parent’s
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parenting time. The reasoning being that being around an abusive parent is not in the best interest of the children. Now, this may include removing the other
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parent’s ability to make major decisions about education or health care or activities or restricting residential
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time or requiring visits to be supervised. These aren’t designed to punish a parent. Remember, they’re designed to protect the children from
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ongoing harm and provide stability during an already difficult time. Again, in the interest of the children, not to punish the other parent, which I know
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can be frustrating. But Washington law also recognizes something called abusive use of conflict. This happens when one parent deliberately uses court
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proceedings or the children themselves to continue controlling or intimidating the other parent. Examples might include repeatedly making false allegations,
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constantly breaching court orders, or using the children as messengers to foment conflict further. This can be pretty specific and factual to
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individual circumstances. But family courts generally take these behaviors very seriously because they can understand that conflict itself can
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become another form of abuse both to you and to the detriment of your children.
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One question that we hear regularly is how do I prove what’s been happening?
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Evidence matters. What’s true and what can be proved before the court are often two different things. But gathering evidence safely matters just as much to
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make that happen. Text messages, emails, photographs, social media messages, financial records, and other home
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videos, or any electronic record in your possession are all generally fair game.
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These can all help demonstrate or refute patterns of behavior. Sometimes it’s not one dramatic incident that persuades a
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court. It’s the accumulation of many smaller events that tell the bigger story. However, there’s one mistake we strongly encourage people to avoid where
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possible: secretly recording conversations. Now, you should know Washington is a two-party consent state and actually has one of the most
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restrictive personal privacy laws in the entire country. I’ll save the jargon, but what this means is recording private
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conversations without the other party’s consent is usually illegal, and these recordings are often inadmissible in
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court and are a crime. There are very limited exceptions involving direct threats of bodily harm or extortion, but they’re interpreted very narrowly on
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purpose because Washington courts do not like invading people’s private affairs where possible. If you’re unsure about gathering evidence, speak to your lawyer
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first. A well-prepared case is always stronger than one built on evidence that was hastily assembled or that cannot legally be used before the bench.
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For many, we have to recognize that leaving the relationship is only the beginning, particularly if children are involved. The court recognizes that
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custody exchanges can become flash points for conflict or even physical violence. That’s why parenting plans and protection orders often include detailed arrangements for safe exchanges.
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Sometimes exchanges happen in public places, sometimes at police precincts, or sometimes another trusted adult is involved. The goal is always the same
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though, to minimize opportunities for conflict while allowing children to maintain safe relationships where possible. Again, in the best interest of
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the children. Communication is also handled a little differently. Rather than relying on text messages or phone calls, judges often require parents to
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communicate through court-approved co-parenting platforms such as OurFamilyWizard, though there are others.
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These platforms create permanent records of communications. Messages simply can’t be deleted later. That’s kind of by design. And some even alert parents when
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a message contains hostile language before it’s even sent. The intention, to be clear, isn’t surveillance. It’s reducing conflict, creating
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accountability, and maintaining clear records, and helping parents focus on raising their children rather than continuing old arguments, no matter how justified.
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One thing we’ve learned after helping thousands of families throughout Seattle and King County is this. Domestic violence isn’t always obvious from the
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outside. Many survivors continue working. They continue raising children, continue appearing successful, and many are while privately living in fear,
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control, or intimidation. Washington law increasingly recognizes these painful realities. It tries to acknowledge that abuse isn’t defined solely by bruises or
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broken bones. It’s defined by patterns of behavior that remove someone’s freedom, independence, and sense of safety. The legal system cannot undo
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what’s happened to you. I’m sorry for that. But it can create some boundaries and some structure and a sense of safety for you and your family. It can create
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accountability, and it can create the space needed for families to begin rebuilding their lives.
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If there’s one thing we’d like you to take away from this guide, it’s this.
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You don’t have to wait for abuse to become physical before seeking the help you deserve. Washington’s domestic violence laws recognize many different
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forms of abuse, including coercive control, financial abuse, and intimidation. If you’re unsure about your situation or you’re wondering
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whether what you’ve experienced may meet the legal definition of domestic violence, talk to someone. Seek safety and help and support in your life. Speak
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with a trusted professional. Speak with an advocate. Or speak with an experienced Seattle family law attorney.
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You don’t have to, and shouldn’t navigate these decisions in turbulent times alone. We hope this guide has helped you better understand your
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options and the protections available under Washington law. Thank you for watching and we wish you strength, safety, and confidence as you take these next steps.
About This Video:
This video was originally published by Further Study, a free legal education initiative supported by Hemmat Law Group.
With more than 30 years serving the Seattle community, Hemmat Law Group is one of Seattle’s largest and most established family law firms. The firm supports Further Study as part of its commitment to making high-quality legal education more accessible to the public.
Further Study is hosted by John Avi Socha of Hemmat Law Group and provides clear, practical explanations of complex legal topics.
Learn more about John Avi Socha.