If you ask those who have survived domestic violence why they stayed in abusive situations as long as they did, it is often not because they did not realize that what was happening to them was abuse. People who have been in abusive situations might tell you that summoning the courage to ask for help or to leave is the hardest part. But the truth is, it may also be that their memories are creating a character-driven narrative.
Life does not miraculously become easy as soon as you move out of an abusive household and into a shelter for survivors of domestic violence, no matter how much relief you might feel simply by being away from your abusive ex. Survivors of domestic violence tend to remain vulnerable, emotionally and financially, for years after leaving an abusive relationship.
Finding a new normal takes time and patience. The laws of Washington state provide legal protections for survivors of domestic violence that create as few procedural hurdles for domestic violence survivors to clear as they build a new life. A Seattle family law attorney can help you navigate these laws as you rebuild your life after you leave an abusive relationship. In the meantime, here is an overview of some domestic violence legal protections and resources for victims of domestic violence in Washington state.
How can family court protect you from your ex while your divorce or child custody case is in process?
The idea of facing your abusive spouse in court is scary, no matter how much hope you have for how your new life will be after your divorce becomes final. If your ex has threatened to retaliate for you filing for divorce, you might even fear the worst. In such situations, the best thing to do is to ask the court for a protective order, which will prohibit your ex from being in the same place as you and, in some cases, may prohibit your ex from contacting you by phone.
You can start the process of getting a protective order if the police respond to a domestic violence-related call involving you, or you can get one simply by filing the appropriate forms. Domestic violence resource centers can help you get a protective order if you do not know where to begin.
The process is fairly straightforward. The court will immediately issue a temporary protective order. Then, a few days later, there will be a hearing to work out the details of a longer-lasting protective order. Another scenario where Washington state courts issue protective orders is in the case of seniors or people with disabilities who are suffering from neglect.
If you have a protective order against your spouse when you file for divorce or request one shortly after filing, your divorce case will proceed slightly differently from other divorce cases. When there are no domestic violence issues, the court orders couples who are in the process of divorce to attend mediation before it schedules a divorce trial. Most couples, even those with minor children, can finalize their divorces by drafting a mutually agreeable settlement agreement and parenting plan during mediation. If you have a protective order because of domestic violence, the court will waive the mediation requirement and finalize your divorce through a series of hearings.
If you have a protective order against your ex and you and your ex have minor children together, your ex does not automatically lose their right to parenting time. If you get a protective order, the family court will modify your parenting plan so that your children can travel from one of your homes to the other without you and your ex having to contact each other directly. It is important to note that our ex may get supervised parenting time or temporarily lose all parenting time if there is evidence that your children will be in danger while in your ex’s care.
Don’t forget about your pets, either. They, too, can be victims of domestic violence.
Washington’s safe leave policy protects employees who have experienced domestic violence.
Federal laws protecting workers’ employment status if they must take a leave of absence from work for reasons related to their families or for the worker’s health offer only meager protection. According to the Family and Medical Leave Act (FMLA), you can take up to 12 weeks of unpaid leave, but only because of a serious health condition of yours or to care for a seriously ill close family member or a newborn or newly adopted child.
Washington state law provides “safe leave” for survivors of domestic violence, sexual assault, and stalking. Safe leave is when you take time off of work for reasons related to your experience of domestic violence. For example, you may use this leave to file a police report, meet with a lawyer, move to a domestic violence shelter or other supportive housing, attend medical and mental health counseling appointments, or accompany a close family member who has experienced domestic violence to one of the above commitments.
The policy for paying workers during their safe leave is the same as for paying workers during their medical leave. Taking safe leave is a legally protected activity, so it is against the law for your employer to fire you or otherwise retaliate against you because of it.
What happens if domestic violence does not result in a criminal conviction?
Protective orders and safe leave policies have nothing to do with the criminal courts. You do not have to wait for the state to prove your ex’s guilt beyond a reasonable doubt before you can access any protections or resources. So, if you are a victim of domestic violence, quick relief is available to you, and a Seattle family lawyer can help facilitate the process.
Find a Seattle family law attorney to support you if you are a victim of domestic violence.
Domestic violence is a serious matter, not only for you but for children who bear witness to it. No one deserves to be treated badly by a spouse or a family member or grow up in fear, waiting for something bad to happen. There are Washington state laws to protect you and your family, as well as empathetic family law attorneys who can support you as you go through the court system and begin rebuilding your life.
At Elise Buie Family Law, our team of family law attorneys has extensive experience advocating for domestic violence victims, including those who are simultaneously going through a divorce. We also have vast resources of professionals, including mental health professionals, realtors, home organization experts, and many more, to help you on your journey. Contact us today or schedule a time to talk.
