If you believe you have been wrongfully served with a restraining order in Washington State, you do have a chance to fight this order.
To effectively fight the restraining order, you’ll need expert legal counsel and carefully follow the letter of the law.
Can You Fight a Restraining Order in Washington State?
Before a judge allows a restraining order, a temporary restraining order will be served. A judge can serve a temporary restraining order without you present and sets a date for a more formal hearing that you will appear.
During this second hearing will be your chance to fight the restraining order. During this hearing will be your chance to tell your side of the story. Once the judge has ruled, an appeal rarely overturns the judge’s decision, so it’s important to get this right.
After the initial hearing, if you are looking to terminate the order, Washington law requires that you file a motion to set aside the restraining order. With the help of a lawyer, put a specific reason you feel the restraining order should be terminated in your motion.
Next, send a copy of the motion to terminate the mail’s restraining order to the person who filed for the original restraining order. Delivering the motion via the mail is critical; delivering it in person would violate the restraining order and could land you in bigger trouble.
Then, you’ll need a hearing date from either the clerk of the court or from the administrative assistant of the judge assigned to the case. Written notification of the hearing date needs to be sent to the person who filed the restraining order. At the hearing, your lawyer will present evidence as to why the restraining order should be terminated.
What Should I Do If I’ve Been Severed With A Restraining Order In Washington State?
If you have been served with a temporary restraining order in Washington State, reach out to the legal team at VanWa Legal right away. Our team can advise you on your rights and potential next steps.
Responding on time to the temporary order sets the tone for your entire case, and sometimes you’ll have less than four days to respond. Because of this time limit, it’s critical you call VanWa Legal right away. Your best shot at fighting the restraining order requires a seasoned criminal attorney on your side.
During the hearing, we will help you fight the restraining order. This brief hearing is your one shot to fight the restraining order, so it’s essential you have the proper representation right away.