Sexual Assault Protection Order
Family law litigation often involves the need for protection of property or from the other party. There are several different types of protection and restraining orders, including a general Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order and Anti-Harassment Protection Order. Much of the protection available in a Domestic Violence Protection Order is also available to victims seeking a Sexual Assault Protection Order.
Protection orders in sexual assault cases generally involve situations where "nonconsensual sexual conduct" or "nonconsensual sexual penetration" is alleged to have occurred. Specific definition of these terms can be found at RCW 7.90.010. Commonly, litigants are under the age of 16, and Sexual Assault Protection Orders can address transfers of schools when the parties are students.
In emergency situations, an ex parte temporary Sexual Assault Protection Order is necessary. This protection order will be effective immediately, and the offending party does not have to be in the Courtroom at this hearing. A temporary Sexual Assault Protection Order will typically last fourteen (14) days at which time a full hearing will be had. At a full hearing, the offending party will have an opportunity to be present and provide a defense against the allegations. Both sides will be able to present evidence and provide testimony.
Sexual assault usually involves power, money or control. In some cases, a combination of some or all three of these elements are present. Sexual assault is an act of violence and domination by perpetrator and sexual gratification is often a secondary goal. According to national and state surveys:
Every 107 seconds an American is sexually assaulted.
Up to 32% of women and 10% of men were victims of childhood sex abuse.
The majority of male and female rape victims knew their perpetrator (some studies say 84%)
Only 2-8% of sexual assaults are falsely reported.
80% of Washington State women's sexual assaults occurred prior to the age of 18.
More than 33% of women in Washington State have been sexually assaulted in their lifetime.
An experienced attorney sensitive to what are often intimate, embarrassing or humiliating issues associated with sexual assault can be of great assistance in seeking relief in a Sexual Assault Protection Order matter.
Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of protection orders and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.
Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.
