Protection Orders

The court has jurisdiction over domestic violence, sexual assault, stalking, harassment, and extreme risk protection order cases. A victim may request a court order that prohibits any contact by the perpetrator.  The initial order is called a "temporary order" and is requested "ex parte" (by just one side).  If the Judge grants a temporary order, it will be in effect for 14 days and a hearing will be scheduled for each side to present his/her case.   If the Judge does not grant the temporary order, the Judge may still schedule a hearing to have each side present his/her side.  The Judge, upon hearing each side, will then either grant or deny the protection order request.  The orders granted by the Judge are put into the police computer system to facilitate enforcement.

The Bainbridge Island Municipal Court is available for temporary protection order requests Monday through Friday.  It is recommended you contact the court to make sure there are no scheduling changes.  The court is generally available Monday to Friday at 11 AM to hear protection order requests.   To schedule a hearing for a Temporary Protection Order request, you must submit your completed paperwork to the clerk no later than 10 AM and your hearing will be scheduled at 11 AM. 
 
In some situations involving children, a shared residence, a family law case in Superior Court, or extreme risk protection order requests, the Municipal Court may only be able to hear the temporary order and must by law transfer the case to Superior Court (in Port Orchard) for the full order hearing.
  
Advocacy for Domestic Violence and Sexual Assault
 
Domestic Violence Cases:  The YWCA maintains an office in the court building in Rollingbay for an advocate to assist victims and petitioners with domestic violence cases. The advocate is available to assist people, offering crisis response, safety planning, legal advocacy and advocacy- based counseling.  For additional information, contact: (360) 479-0491 or the 24-hour crisis line 1 (800) 500-5513.  Website:  http://www.ywcakitsap.org/

Sexual Assault Cases:  The Kitsap Sexual Assault Center provides advocacy for victims of sexual assault.  KSAC also offers a 24-hour crisis support line at 1 (866) 831-2050 and other services described on the website: www.ksacservices.com. The legal advocate (as of 12/2017) to contact if you are petitioning for a Sexual Assault Protection Order is Beverly Van Santford at 360-337-4950 or Beverly-advocate@ksacservices.com.  
   
Forms and Instructions

The court forms were recently updated in June 2014.  You may find that the instructions don't exactly match up to the exact question number on the application.  However, they should provide good guidance in filling out the forms.  The YWCA Advocate and the court clerk can also assist you.  Don't hesitate to ask for help in the process.  

There are five types of orders that you may petition for in municipal court.  A Domestic Violence ("DV") protection order should be requested if there is violence or threats between current or former family or household members.  An Anti-Harassment protection order should be requested if there have been harassment by a non-family or non-household member, such as a neighbor or acquaintance that you are not related to and have never lived with.  If the behavior rises to the level of stalking, you should request a stalking protection order.  If you were sexually assaulted, you may petition for a sexual assault protection order.  If you are seeking that the other party surrender firearms, you should provide the Motion for Surrender of Weapons.   If someone hasn't committed any harm or threatening behavior to you, but poses a significant danger of harm to self or others with a firearm, you may seek to remove or prevent possession of a firearm through the extreme risk protection order.  The advocate and clerk can help you determine which order you should petition for.

Paperwork is available at the court office, which is open Monday through Friday from 8 AM to 4 PM.  You may also download the forms below.
 
 Domestic Violence Protection Order Forms
 Domestic Violence Protection Order Instructions
 
 Harassment/ Stalking Protection Order Forms
 Harassment Protection Order Instructions
  
 Sexual Assault Protection Order Forms and Instructions

 Motion to Surrender Weapons (for all Civil Protection Order Types Above)
   
 Extreme Risk Protection Order Petition
   
 Evidence Presentation at Full Order Protection Order Hearing- Handout
 

Presentation of Evidence- Protection Order Hearings

Upon request for a protection order, the court will schedule a hearing and give notice to the other party.  A full order hearing will be held where both parties have a chance to present his/her side.  Each court may have different rules and procedures regarding hearings.  The following is information to assist you with your upcoming protection order hearing at the Bainbridge Island Municipal Court.   If your hearing is transferred to Superior Court, different rules may apply. 

Full Order Hearing 
Each side will have an opportunity to present his/her side to the Judge.   You are not required to have a lawyer for a protection order hearing and many litigants are “pro se” (representing oneself).  If you would like to have a lawyer represent you, you must hire an attorney in advance of the hearing at your own expense.  "Evidence" is what you present in court to prove your side of the case.  Evidence can be your statements (called "testimony"), documents or photos. The following are examples of the types of evidence that can be used to present your side of the case to the Judge. 

Your Testimony
You should describe for the Judge the reasons why you want the order of protection or why the protection order should not be granted.  You should include information about any incidents in question.  Remember to describe each incident by referring to "who, how, when and where".

Testimony of Witnesses
You may ask people who have knowledge about the incidents in question or corroborative evidence to testify at the full order hearing. Any testimony should be related and relevant to the reasons for the protection order request.  You may present written affidavits or statements of witnesses.  However, keep in mind that live testimony may be more helpful to the court than a written statement.

Physical Evidence
You may present physical items in order to prove your side of the case. If you bring digital evidence, you must either have it printed out on paper or on a CD/ DVD that can be admitted and kept by the court as part of the record.  If you plan to present digital evidence, you should bring a way to play that evidence to the court (such as a laptop) in case the court does not have the program needed to play that evidence. Some examples of items that you might present include:  Police reports, medical records, photographs, bills/invoices, letters, emails, voicemail messages, and video.  You bear the burden of presenting your side of the case.  The Judge and clerks are not allowed to do that work for you. 

You must provide the other party an extra copy of any evidence you plan to show to the Judge.  Providing this evidence in advance of the hearing to the other party will prevent delays.  You may drop off a copy of any evidence to the Bainbridge Island Municipal Court clerk in advance of your hearing and the clerk will contact the other party regarding pick up.  

Additional Resources

www.ProtectionOrder.org  King County site about obtaining a Domestic Violence Protection Order

www.stalkingpo.org  King County site about obtaining a Stalking Protection Order
  
Domestic Violence Safety Brochure

SAVIN Protective Order Brochure- Be notified when your order is served on the respondent.
 
Stalking Brochure and Incident Log

Sexual Assault Protection Order Brochure