Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Are you able to answer breach of protection order questions?

Customer Question
Hello are you able...

Hello are you able to answer breach of protection order questions?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

WA

Lawyer's Assistant: Has anything been filed or reported?

Yes, charged with breach of protection order

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Wanting to know the possible implications of breach when going to court

Submitted: 3 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
12/30/2017
Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,038
Experience: Attorney
Verified

Dear customer ,

Thank You for posting your legal question today. I'm attorney Bill assisting you.

Violation of a court order, protection, no-contact and restraining orders can result in your arrest and contempt of court charges.

The penalty depends on the seriousness of the violation, whether it was your first breach and your knowledge of the breach and order.

Breach of a civil protection order is covered by the following statute which is implemented byt he court:

"

RCW 26.50.110

Violation of order—Penalties.

(1)(a) Whenever an order is granted under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section:

(i) The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;

(ii) A provision excluding the person from a residence, workplace, school, or day care;

(iii) A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;

(iv) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or

(v) A provision of a foreign protection order specifically indicating that a violation will be a crime.

(b) Upon conviction, and in addition to any other penalties provided by law, the court:

(i) May require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

(ii) Shall impose a fine of fifteen dollars, in addition to any penalty or fine imposed, for a violation of a domestic violence protection order issued under this chapter. Revenue from the fifteen dollar fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.

(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

(3) A violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(4) Any assault that is a violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

(5) A violation of a court order issued under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under this chapter, chapter 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order granted under this chapter, chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation."

It is advantageous to have an attorney for your hearing and depending on the violation you may be entitled toa court appointed attorney.

We are here to help, so please follow u with me as you need.

I'm an independent legal expert and rely on your positive feedback to get a credit today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Best

Attorney Bill

Ask Your Own Legal Question
Customer reply replied 3 months ago
I am asking the question for Perth Western Australia. Is this legislation relevant to the National Protection Orders in Australia?
Lawyer: Bill Attorney, Lawyer replied 3 months ago

I will opt out in that case; An Australian attorney can assist you.

There will be a different statute than in Washington, but similar procedures are followed.

Thanks

Bill

Ask Your Own Legal Question
Was this answer helpful?
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 2,038
2,038 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was arrested for domestic violence and my ex called the
I was arrested for domestic violence and my ex called the ada to drop the charges. The ada keeps making me plea deals but has not told my lawyer that my ex has called to drop the charges. Is that even… read more
Bill Attorney
Bill Attorney
Lawyer
2,038 satisfied customers
I have an arrest warrant for a domestic violence issues on
I have an arrest warrant for a domestic violence issues on 9/22/2014 that I just found out about through a background check from my potential ! employer never been called or mailed about appearing to … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm seeking advice regarding a false domestic violence
Good evening.I'm seeking advice regarding a false domestic violence accusation. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
My husband is going to court for a domestic violence case on
Hi, my husband is going to court for a domestic violence case on April 11th and I was trying to seek legal advice to see if I should go or what should be done in these cases? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a legal question about domestic violence. Minnesota.
Hello I have a legal question about domestic violence. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I've been going through Domestic violence from my fiance.
I've been going through Domestic violence from my fiance. Who's on Patrol how do I get out of relationship. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
My girlfriend committed domestic violence against me and
My girlfriend committed domestic violence against me and when I told her if she continued I would call the police she extorted me by saying she would make false accusations of domestic violence agains… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
I need help to file papers to get a domestic violence
I need help to file papers to get a domestic violence restrianing order lifted. I filed in kern county courts a year &1/2 ago but I now live inn Crookston, Minnesota … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
313 satisfied customers
I have been arrested for Domestic Violence. I asked for a
I have been arrested for Domestic Violence. I asked for a continuance of arraignment because I don't know what I should do. I have never been arrested for anything before. Should I hire a lawyer, i do… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I have a question about a misdemeanor domestic violence
I have a question about a misdemeanor domestic violence case … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
313 satisfied customers
My friend sister has begun with a domestic violence case in
My friend sister has begun with a domestic violence case in california, she has no friends or family there she move there to be with the man she got married to. her brother wants to bring her to NYC w… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How after a domestic violence incident does a victim have to
How long after a domestic violence incident does a victim have to file a restraining order? Say, the incident happened on Jan 1, and then on March 1, the victim files a restraining order? Assume that … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a domestic violence quiestion. WA. The police arrived
Yes, the police arrived at the escene and filed a report. I'm the victim. Nobody got arrested. I want to press charges. They said the report will be seen by a prosecutor … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Will the application and decree of a domestic violence
Will the application and decree of a domestic violence divorce bring criminal charges against the aggressor? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My ex is threatening domestic violence assault charges on me
My ex is threatening domestic violence assault charges on me for something that happened two weeks ago. She is facing domestic violence charges now against someone else. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I was just wrongfully accused of a domestic violence 3rd
I was just wrongfully accused of a domestic violence 3rd degree charge last night. Im in omaha ne. So its a zero tolarence state. The officers we told by my ex wife that i assaulted her. And they just… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
I have domestic violence pending case which has 25 days
i have domestic violence pending case which has 25 days community services at will effect my citizenship process or no? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a complicated question involving domestic violence.
I have a complicated question involving domestic violence … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x