The Bainbridge Island Municipal Court is available for these protection order requests Monday through Friday, even on the days that court is not in session.
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
The YWCA maintains an office in the court building in Rollingbay for an advocate to assist victims and petitioners with domestic violence and sexual assault cases. The advocate is available to assist people, offering crisis response, safety planning, legal advocacy and advocacy- based counseling. For additional information, contact: (206) 780- 2931 or (360) 551-3140. Website: http://www.ywcakitsap.org/
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 someone 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
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.
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.
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.
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