 |
|
|
|
|
|
 |
WHAT
IS "UNLAWFUL HARASSMENT?" |
A knowing and willful "course of conduct" directed
at you which seriously:
| Alarms you |
| Annoys you, or
|
| Harasses you and
|
| Serves no "legitimate
or lawful" purpose, and which would cause a reasonable
person to suffer substantial emotional distress, and
actually causes substantial emotional distress to you.
|
|
WHAT
IS A "COURSE OF CONDUCT?" |
A "course of conduct" is:
| A series of acts
|
| Over a period
of time (however short) |
| With an ongoing
purpose |
|
HOW
DOES THE COURT DETERMINE IF THE ACTS ARE "LEGITIMATE
OR LAWFUL?" |
The Court considers the following:
| Is the respondent
(the person who is harassing you) contacting you or
are you contacting each other? |
| Has the respondent
been clearly told that you do not want any further contact?
|
| Is the respondent's
behavior alarming, annoying, or harassing you? |
| Are the respondent's
actions interfering with your privacy or creating an
intimidating, hostile, or offensive living environment
for you? |
| Has the respondent's
contact with you been previously limited by a court
order? |
|
WHAT
IS AN ORDER FOR ANTI-HARASSMENT? |
An Antiharassment order is a special type of restraining order
which is available only to victims of harassment. It is a
civil order of the Court telling the person who harassed you
not to bother you again. The police are notified of your Antiharassment
order. The order is fully enforceable in any county in Washington.
An Antiharassment order can:
| Restrain the respondent
from contacting you. |
| Restrain the respondent
from keeping you under surveillance. |
| Require the respondent
to stay a stated distance away from your home or workplace.
|
|
DO
I NEED A LAWYER TO GET AN ORDER FOR ANTI-HARASSMENT? |
| No.
The law has been designed so you can get an order for
Antiharassment without a lawyer by filling out the forms
yourself. Because you are seeking an order of the Court
without the help of an attorney, you will have the paperwork
and legwork to do. It is not unusual for this to take
several hours. |
|
HOW
DO I OBTAIN AN ORDER FOR ANTI-HARASSMENT? |
|
You
can get the forms free at the Franklin County District
Court Civil Office, located on the main level of the
courthouse. You need to fill out the forms as completely
as possible, giving the Court written information about
what has happened and why you need the court order.
The clerk is not allowed to give legal advice.
If you feel you need it, please contact an attorney.
After you have completed your forms, you then will return
them to the clerk.
The respondent must be served with the papers you have
filed along with the notice of the hearing. Service
is very important and must occur before you can get
your one-year Antiharassment order. You may have law
enforcement serve the respondent with these papers.
A full Antiharassment order hearing date will be set
before a judge. This hearing will be held within two
weeks. At this hearing both parties are given an opportunity
to address the Court.
At the full Antiharassment hearing, the Court will decide
whether to sign your order and may make some changes.
The order for Antiharassment will generally last for
a maximum of one year, but it could last longer if necessary. |
|
|
MAY
I OBTAIN EMERGENCY PROTECTION? |
If
you are in immediate danger, you may obtain a temporary
order for Antiharassment prior to your full hearing
in two weeks. Ask for and fill out the forms for a temporary
Antiharassment order.
Almost without exception, if you file your request early
in the day, you will have a determination from the judge
on the same day. You may need to explain why you need
immediate protection. You must show reasonable proof
of unlawful harassment by the respondent and that great
or irreparable harm will be the result if the temporary
Antiharassment protection order is not granted. The
judge can grant you a temporary order which must be
served on the respondent, along with the notice of the
hearing for the one year Antiharassment order.
The temporary order will expire on the date of the hearing
for the one year Antiharassment order. You must attend
the full hearing to extend your temporary order for
Antiharassment. |
|
HOW
MUCH WILL IT COST? |
| The
filing fee is $53. There may also be a charge for having
copies delivered (served on) the respondent. If you
cannot afford the fees, the Court may allow you to go
ahead without paying. Ask for and complete the form
requesting fee waiver. |
|
WHAT
IF I PREVIOUSLY FILED FOR AN ANTI-HARASSMENT ORDER AGAINST
THE RESPONDENT? |
| You
may not obtain a temporary order for Antiharassment
if you have already had two temporary orders against
the respondent and not obtained the one-year order unless
you can show the Court good cause for failing to get
the one-year order. If you need to renew your one-year
order, you may reapply by filing a new petition within
three months of the expiration of your order. |
|
WHAT
IF THE PERSON HARASSING ME IS A MINOR? |
| The
District Court must transfer the proceeding to the Superior
Court when the respondent is under 18 years of age. |
|
WHAT
HAPPENS IF THE ORDER IS VIOLATED? |
| Any
willful disobedience of the Antiharassment order by
the respondent shall subject the respondent to criminal
penalties and the respondent may also be found in contempt
of court. |
|
WHAT
IF I AM THE VICTIM OF DOMESTIC VIOLENCE? |
| Victims
of acts of domestic violence are required to petition
in the Superior Court. |
|
|
|
|
|
|
