Call: 360-866-7393

Using a Protection Order as a Weapon

Home / Divorce Blog / Using a Protection Order as a Weapon

The Protection Order Process Can Be Abused

Protection Orders Can Be Used as Weapons Against Innocent Men

The RCW 26.50 Domestic Violence Protection Order was adopted as a shield to provide immediate protection to a person in fear of physical harm (the “applicant”) by restraining the “respondent” (you) from coming near the applicant.

The applicant simply files a petition for an Order for Protection and an affidavit alleging fear of domestic violence with the Court Clerk who presents the petition to a Judge.

The Protection Order is issued Ex Parte, which means without any notice or hearing for you.

The respondent is not given an opportunity to deny the allegations before the Restraining Order is issued.

The problem is that an angry wife or girlfriend can use this protection process as a weapon by making false accusations. Before there is any Court hearing or opportunity to respond, you can be kicked out of your own home and restrained from returning. 

Restrain First, Ask Questions Later

You Can Be Restrained From Your Home Without Ever Being Heard

There is no way for the Judge to know if the allegations are totally false.

The Judge takes the petition at face value and enters the Restraining Order immediately. Even if you own your house as separate property, you can be restrained from going near it.

The Protection Order can restrain you from:

  • Entering your own home or even going onto the grounds
  • Coming within a certain distance of the applicant
  • Contacting the applicant in any way

The Protection Order can also:

  • Give her unilateral custody of your children
  • Restrain you from contacting your children
  • Give her sole possession of your car and/or other personal property
  • Keep you locked out of your home for up to 24 days without a hearing

All this is done at no cost to her. There is no filing fee and the sheriff will serve the order on you for free. The Order can even require you to pay the court and service costs for her. If you are in the home, the sheriff will accompany her to the house and kick you out.

For extra fun, the Domestic Violence Protection Order against you is placed into the law enforcement “Computer-Based Criminal Information System” which can have a terrible impact on your employment, military career, security clearance, and bonding clearance.

And, all this, without you ever doing anything wrong!

Using a Protection Order as a Weapon: Phase 2

Now She Can Lie and Say that You Violated the Protection Order

If she wants to cause more harm, she can call the police and falsely claim that you violated the Order.

If she files a false report against you;

  • The police can then arrest you without a warrant
  • The Prosecuting Attorney will represent her, for free, and prosecute you
  • You could be found guilty of a Criminal Gross Misdemeanor that will go on your record for the rest of your life

All of this can happen without you ever doing anything illegal!

Yes, there is an important need to provide protection to anyone suffering domestic violence, but at the same time, we need to improve this process to prevent its use as a weapon to harm an innocent man.

Real People, Real Results

Divorce Lawyers for Men Reviews

"I never thought my wife would agree to anything. After a few discussions though, we were able to agree on a lot of issues concerning the children. Divorce Lawyers for Men helped me put those agreements in writing and resolve my divorce with less conflict."

"Divorce Lawyers for Men was very helpful with my case. The staff and attorneys are very knowledgeable and provided great advice. They provided me understanding of various courses of action and brought to light specific things I wouldn't have thought of. Most importantly respected my decisions and beliefs in finalizing my case."

"My wife wanted to live in our house with her new boyfriend while I kept paying the mortgage. Divorce Lawyers for Men made sure the court saw all our property and debts. We sold the house and split the proceeds. I didn't have to pay for any free rides."

"I never wanted to get divorced. One day my wife came home and said that she had met someone else. Why do I have to lose my house and my children just because she is done with our marriage? Thankfully, I hired Divorce Lawyers for Men."

Washington's Only Statewide Family Law Network

Select an Office near You.

1520 140th Ave NE #200
Bellevue, WA 98005
2727 Oakes Ave #201
Everett, WA 98201
555 W Smith Street, Suite 106
Kent, WA 98032
3025 Limited Ln NW #200
Olympia, WA 98502
Port Orchard
1740 Pottery Ave #300
Port Orchard, WA 98366
2102 E Main Ave #203
Puyallup, WA 98372
701 5th Ave #4200
Seattle, WA 98101
1008 N. Washington St., Second Floor
Spokane, WA 99201
1015 Pacific Avenue #301
Tacoma, WA 98402
237 NE Chkalov Dr #212
Vancouver, WA 98684