The Complexities of Domestic Violence Protection Orders

Domestic Violence Protection Orders (DVPOs) are legal tools designed to offer safety to individuals experiencing domestic violence. While the intention is to offer protection, the legal process can leave survivors feeling disheartened and vulnerable. Understanding these challenges is crucial for anyone navigating the process or advocating for systemic improvements.

What is a DVPO?

A Domestic Violence Protection Order (DVPO) is a civil court order sought by an individual (“petitioner”) to protect themselves from domestic violence perpetrated by another party (“respondent”). It can include restrictions on contact, harm, intimidation, stalking, and access to specific locations or vehicles. Unlike criminal cases, which are initiated by the state or city and involve law enforcement, individuals pursue civil protection orders. This means the process doesn’t necessarily involve law enforcement, unless there are firearms involved. To learn more about firearm removal, read our blog post.

The DVPO Process

Obtaining a DVPO is a confusing and lengthy process. It begins with completing a detailed 48-page packet. Petitioners must document all of the abuse they have experienced and their former partner gets a copy of everything they submit to the court. The form is long and complex and can feel overwhelming to complete, especially for those who are navigating traumatic situations.

Once the DVPO application is submitted to the judge or commissioner, the court performs a preliminary review to determine how to move forward, including considering if the petition meets the legal definition and criteria for domestic violence. If approved, the respondent must be served with a copy of the order, which can be challenging and potentially dangerous.

Two weeks later, if both parties are present and prepared at the DVPO docket call, the final hearing may be scheduled for later that day, however, that is not guaranteed. It may be continued for a later date if either party requests a continuance and the judge or commissioner grants it. The courtroom can be intense and emotional during the docket call. Translation services are often not available and questions may go unanswered by court staff, which increases experiences of fear and overwhelm among survivors, who may feel that the system itself is perpetuating their trauma.

During the final hearing, which usually lasts about 30 minutes, both the petitioner and respondent, or their attorneys, have the opportunity to make a statement. The judge bases their decision on previously submitted paperwork and properly submitted evidence. If granted, the DVPO usually lasts for a year, with options for renewal. If the order is not granted, any temporary protection orders in place expire. This process underscores the complexities and emotional toll of navigating a system that can often feel both bureaucratic and disheartening.

YWCA Spokane is here to Advocate for Survivors

YWCA Spokane’s legal advocacy services play a crucial role in supporting survivors who are navigating Domestic Violence Protection Orders. We offer both emotional support and procedural assistance throughout the process. Our advocates help survivors understand the complex paperwork involved when filing for a DVPO, ensuring that they complete and submit the necessary forms correctly.

“It’s so important that a survivor gets support regardless of the outcome,” says Tiffany Yamase, YWCA Legal Advocate Manager. “We walk alongside them from the start of the paperwork to the finish of the entire process.”

Tiffany also says that the role of her team is to advocate for more trauma-informed approaches in the legal system by amplifying the experiences and voices of survivors when engaging with court staff, prosecutors, judges, and the legal community.

Moreover, legal advocates offer emotional support, helping to alleviate the stress and anxiety that comes with confronting a perpetrator in a legal setting. Our advocates may accompany survivors to court, providing reassurance and acting as a buffer against intimidation. By explaining legal jargon and processes in accessible terms and advocating for the survivor's needs within the court system, advocates help ensure that survivors feel heard and understood.

Rene is a bilingual Legal Advocate at YWCA Spokane who can support Spanish-speaking survivors. Although the DVPO packets are now translated into other languages, it is still a complicated process with terminology that is difficult to decipher. Rene helps individuals feel heard and helped through this process, taking the time to share and explain the paperwork so the individual can be informed and decide how they want to proceed. “The process is not easy,” states Rene, “I really want to be someone who they don’t feel ashamed to ask any questions to and give them direct and honest answers. I try to explain what everything means, so they know what to expect next.”

No Guarantees for Safety

When applying for a DVPO, there is no guarantee that it will be granted or that it will actually deter further abuse. Well meaning family and friends may push a survivor to get a protection order without appreciating the many challenges and potential retraumatization that can occur.

For many survivors, the application process can feel like an additional burden rather than a solution. The demands of the process can feel insurmountable, and the lack of trauma-informed practices frequently leaves survivors feeling unsupported and vulnerable. Docket calls are chaotic and swift, often lacking the necessary accommodations to meet the needs of all petitioners and respondents in the courtroom including those with disabilities or limited English proficiency.

Survivors may feel intimidated by seeing their former partners at the hearing. Abusers may attempt to intimidate through looks and glares. Survivors are likely facing someone who has caused immense harm in their lives in front of everyone.

Hearings can get pushed out for a variety of reasons, increasing the amount of time a survivor may be at a heightened safety risk. If a hearing is continued, both parties return to court another day. This can create additional barriers such as needing time off work, transportation, or childcare. Although attending court due to domestic violence is a legally protected reason to leave work in Washington, it requires a survivor to disclose their situation to their employer. Not to mention the financial strain of potentially losing income during the process. In addition, once a protection order is in place, a survivor is responsible for reporting violations. These ongoing interactions can contribute to continued trauma and stress.

While Domestic Violence Protection Orders are a vital tool for protecting survivors, the current system has flaws. The process is complex, can be intimidating, and often lacks the necessary support for those who need it most. Recognizing these challenges and working towards systemic improvements can help ensure that DVPOs effectively provide the safety and peace of mind to those who want them.

Domestic Violence Protection Orders can be a great option for survivors. Research has indicated that access to legal services is critical to the safety of survivors and can be paramount to a survivor being able to exit the relationship safely. For survivors who want to pursue legal protection in this way, YWCA Spokane's advocates are here to answer questions and provide support through the process.

In the end, Tiffany wants survivors to be empowered to make the safest decision for themselves. “Domestic Violence Protection Orders are an option, but not the only option. If a survivor wants to explore this, we have advocates who can help."

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Our Legal Services department provides assistance with navigating legal issues, proceedings, and paperwork related to intimate partner domestic violence. Learn more about legal services at ywcaspokane.org/legal-support.

Note: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.