|
Frequently Asked
Questions
What is "Unlawful Harassment"?
Unlawful Harassment is a knowing and willful "course of conduct" directed
at you which seriously:
- Alarms you
- Annoys you
- Harasses you
- Serves no "legitimate or lawful" purpose
- Would cause a reasonable person to suffer substantial
emotional distress, and actually causes substantial emotional distress
to you.
Back to Top
What is a "Course of Conduct"?
- A series of acts
- Over a period of time (however short)
- With an on-going purpose
Back to Top
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?
Back to Top
What is an Order for
Antiharassment? 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 the
State. 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
Back to Top
Do I need a lawyer to get an Order
of Antiharassment? 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. Back to Top
How do I
obtain an Order of Antiharassment? You can
get the forms free at the Thurston County District Court.
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. A full
Antiharassment Order hearing date will be set before a Judge or
Court Commissioner. This hearing will be within two weeks. At this
hearing both parties are given an opportunity to address the
court. The respondent must be served with
the papers you have filed and with the notice of the hearing.
Service is very important and must occur before you can get your
one-year Antiharassment Order. The court can order law enforcement
to serve the respondent with these papers.
At the full Antiharassment Order 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 or maybe longer if necessary. Back to Top
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 before 11:30 a.m. Monday through Friday, you will see the Judge or Court Commissioner
the same day you file your papers and 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
will 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. Back to Top
How much will it cost?
The filing fee is $83.00.
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. Back to Top
What if I have
previously filed for an Antiharassment 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 before the expiration of your order. Back to Top
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. Back to Top
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. Back to Top
What if I am
the victim of domestic violence? Victims of
acts of domestic violence are entitled to petition for protection
from acts of domestic violence. For
information from the Thurston County Clerk about filing a Petition
for Protection From Domestic Violence,
Click Here. Back to Top
May I download
Antiharassment forms at home? The Office of
the Administrator for the Courts maintains current copies of all
Antiharassment forms on line.
Click here
for information on viewing and downloading Antiharassment forms.
Back to Top |
