Can a Restraining Order Force Someone to Move in Washington State?

In Washington State, restraining orders offer essential protection for individuals facing harassment, abuse, or threats.

However, one common question that often arises is whether a restraining order can actually force someone to move. The short answer is yes, in some cases, it can. There are several factors to consider.

At Jackman Law Firm, we’ve seen the profound impact that restraining orders can have on individuals and families. Whether you’re seeking a restraining order or defending against one, understanding the laws surrounding these orders can make a huge difference in how you approach your case.

Let’s dive into the different types of restraining orders available in Washington and how they can potentially require someone to move out of their home.

Types of Restraining Orders in Washington

Washington State offers several types of restraining orders, each serving a specific purpose based on the situation. Here’s a breakdown of the most common ones:

Domestic Violence Protection Orders (DVPOs)

These are specifically designed to protect individuals from abuse or threats by family or household members.

DVPOs can be issued in situations where there has been physical harm, threats of violence, or other forms of abuse within intimate relationships, such as between spouses, former spouses, cohabitants, or parents and children.

The goal is to create a safe distance between the victim and abuser, with provisions that may include no-contact orders, stay-away requirements, and even temporary custody arrangements if children are involved. DVPOs are often issued quickly to provide immediate protection. DVPOs include several protective measures:

• Prohibiting contact of any kind, including cyber harassment.
• Removing the abuser from a shared residence.
• Granting temporary custody of children and setting visitation schedules.
• Ordering the abuser into treatment or counseling.
• Requiring the surrender of firearms and dangerous weapons.

Family Law Restraining Orders

Typically issued in the context of family law cases, such as divorces or child custody disputes, these restraining orders address a variety of issues, including child custody, property division, and spousal support.

They are intended to maintain order during highly emotional proceedings, protecting one spouse or parent from the other if there are concerns about harassment or financial exploitation.

Family law restraining orders can also help ensure that one party does not interfere with child visitation or access to shared property. They offer a structured way to navigate difficult family matters while maintaining safety and clarity.

Anti-Harassment Protection Orders

These orders are intended for situations where harassment occurs but the parties are not in an intimate or family relationship.

Anti-harassment orders protect individuals from behaviors like stalking, unwanted contact, or repetitive disturbing actions by someone they do not have a close relationship with.

This can include neighbors, coworkers, or acquaintances. The harassment must typically be severe, ongoing, and unreasonable for an anti-harassment order to be granted, providing protection from persistent, unwanted behavior that causes emotional distress or fear.

Stalking Protection Orders

 Stalking protection orders are issued when an individual is being followed, monitored, or threatened in a way that causes fear for their safety. Stalking can be an escalating pattern of behavior, and this type of order provides critical protection from someone who engages in obsessive and unwanted tracking, either in person or online.

These orders are often used in cases where the victim does not have a prior relationship with the stalker, although they can also apply in situations involving former partners or acquaintances. The court can impose restrictions on the stalker’s movements, communication, and proximity to the victim’s home or workplace.

Provisions of Restraining Orders

Restraining orders in Washington can come with several restrictions, all aimed at protecting the petitioner. Some of the common provisions include:

• No-contact provisions: These prohibit the respondent from contacting the petitioner in any way, including through phone, email, or even third parties.
• Stay-away orders: These provisions require the respondent to maintain a specific distance from the petitioner’s home, workplace, or other important locations like children’s schools.
• Residential exclusion: This provision can force the respondent to move out of a shared home, even if they own or rent the property.
• Firearm restrictions: The respondent may be prohibited from owning, purchasing, or possessing firearms.

Each of these restrictions is designed to ensure the petitioner’s safety, but the residential exclusion provision is the one that can most directly impact where someone lives.

How a Restraining Order Can Force Someone to Move

Restraining orders that include residential exclusion or stay-away provisions can result in the respondent being forced to relocate. Let’s explore how.

Residential Exclusion

If the court issues a restraining order that includes residential exclusion, it means the respondent will have to leave a shared residence. This can happen even if the respondent is the primary leaseholder or owner of the property. The court prioritizes the petitioner’s safety, so if the shared home is deemed unsafe for them, the respondent may be ordered to move out.

Stay-Away Orders

While not as direct as residential exclusion, stay-away orders can also force someone to move. If a respondent lives too close to the petitioner’s home, workplace, or any other protected location, they may have no choice but to find alternative housing to comply with the court order.

Process and Considerations

Obtaining a restraining order that forces someone to move doesn’t happen overnight. There’s a legal process that both parties must go through. Here’s what you can expect:

Temporary Orders

In many cases, restraining orders start as temporary orders, which typically last for 14 days. These orders provide immediate protection and give the respondent a chance to prepare for a full hearing. During this time, the court may include residential exclusion provisions, forcing the respondent to vacate shared premises right away.

Full Hearing

After the temporary order is in place, a full hearing is held, allowing both parties to present their evidence. The judge will consider several factors, such as the severity of the abuse, the living situation, and the best interests of any children involved. Based on this information, the judge can make a final decision about whether the residential exclusion will remain in effect.

Factors Influencing Residential Exclusion

Judges don’t make these decisions lightly. Several factors influence whether a restraining order will include residential exclusion. These include:

• The severity of the abuse or threats
• Who has primary control of the residence
• Whether the respondent has access to alternative housing
• The best interests of any children involved
• Each party’s history of violence or threats

Each situation is unique, and the court will weigh these factors carefully before ordering someone to move out of their home.

Enforcement and Violations

Once a restraining order is in place, it’s crucial that the respondent follows every provision outlined by the court. Violating any aspect of a restraining order, especially those related to residential exclusion or stay-away orders, can result in serious consequences.

Criminal Offense

In Washington State, violating a restraining order is a criminal offense. The police can arrest the respondent on the spot if they are found in violation of the order.

Consequences

Violating a restraining order can lead to criminal charges, which may range from a gross misdemeanor to a felony, depending on the violation’s nature. Consequences can include jail time, fines, and other penalties. Respondents must take these orders seriously, as even accidental violations can result in significant legal trouble.

Need Legal Help with a Restraining Order in Washington?

Dealing with a restraining order, whether you’re the petitioner or respondent, can be overwhelming. At Jackman Law Firm, we’re here to help you understand your rights and options. If you’re facing a restraining order in Washington State, contact us today at (206) 588-5555 for a confidential consultation. We’ll walk you through the process and ensure your rights are protected.