Do you have the patience to wait
until mud settles and the water is clear?”
- Laozi, Tao Te Ching, Chapter 15
Civil Protection Order Defense in Jefferson and Island County
One side of the story was told. Now let us be the one to tell yours.
Being served with a civil protection order is stressful and confusing. A court can restrict your freedom – where you go, who you contact, your access to your home, and even your firearms – often after only a brief hearing. If you’ve been served with a Anti-Harassment Protection Order, Stalking Protection Order, Domestic Violence Protection Order, Vulnerable Adult Protection Order, or Sexual Assault Protection Order, you need an attorney who knows this process and moves quickly.
Protection orders are meant to be defensive. They exist to stop harassment, stalking, and violence – quickly and with minimal risk to the petitioner. In practice, however, they’re often brought by the petitioner as a sword rather than a shield. I have seen them used to seize the narrative in HOA disagreements, gain leverage in a breakup or custody dispute, force someone out of a home, or damage a reputation and career. Courts take real safety concerns seriously, but due process matters, too. Unfortunately, in some cases protection orders are brought in an attempt to side-step an existing family law case or gain a second “bite at the apple” against a party who already prevailed in court on a related matter.
Defending against a petitioner who is acting in bad faith is an uphill battle. In criminal cases the court must find that you committed a crime “beyond a reasonable doubt”. In civil protection order cases, the party requesting a protection order need only prove the alleged misconduct by a “preponderance of the evidence” – in other words – “more likely than not”. This places a much lower burden on the petitioner than is placed on the state in a criminal proceeding.
Additionally, once a protection order is in place, 2022 changes to the law make it possible for the protection order to stay in place for perpetuity. Even if the judge issues a protection order for only one year, the petitioner can go back each year to renew the order without showing a present fear of the alleged misconduct. The burden of proof is now on the respondent to prove that circumstances have changed and they will not resume the alleged misconduct. In practice this can be an uphill battle, and makes it all the more important to beat the protection order at the outset.
I defend clients in protection-order cases in Jefferson and Island County. I make sure your side of the story is heard, your evidence gets in front of the judge, and your rights are protected at every step. I defend against the initial petition, as well as against the motions for renewal described above.
What is a civil protection order?
A civil protection order is a court order limiting contact or imposing other restrictions between people. Although it’s a civil case (not a criminal charge), the consequences are serious. Violating an order can lead to arrest and criminal prosecution, and some orders require firearm surrender.
Common Washington cases I defend:
- Anti-Harassment Order (PTORAH)
- Stalking Protection Order (PTORSTK)
- Domestic Violence Protection Order (PTORPRT)
- Sexual Assault Protection Order (PTORSXP)
- Vulnerable Adult Protection Order (PTORVA)
- Motion to Renew Protection Order (MTDRPO)
What happens after you’re served?
- Temporary/ex parte order issued: The court may grant a temporary order without hearing your side.This stays in place until the case can be adjudicated on its merits.
- Show-cause (full) hearing set: Typically within about two weeks. You’ll have the chance to respond, present evidence, and question the petitioner and witnesses.
- Immediate compliance required: Even if the allegations are false, follow the temporary order to the letter. Violations can be charged as a crime and harm your defense. Subsequent denial of the protection order is no defense for a violation of the temporary order. You will still be charged for violation of the temporary order if you do so.
- Possible firearm surrender: Especially in DVPO cases, judges may require immediate surrender of firearms and concealed carry licenses.
How I defend your case
Fast intake & strategy. I review the petition, any police reports, texts, social media, medical records, and prior court filings. I identify credibility issues and legal defenses.
Evidence development. I help you gather:
- Messages, email, call logs, location data, photos/video
- Witness statements and timelines
- Work records, travel receipts, and other corroborating evidence
- Prior petitions or contradicting statements by the petitioner
Courtroom advocacy. I file a detailed response, gather witness statements, move to exclude unreliable evidence, subpoena necessary witnesses/records, and cross-examine effectively. Our goals: dismissal, or at least narrow, time-limited terms that protect your rights, property, parenting time, and employment.
Firearms & collateral issues. I address firearm-surrender orders, background-check concerns, and impacts on professional licenses or security clearances.
Possible outcomes
- Petition dismissed (best result)
- Order denied after temporary phase
- Order granted but narrowed (limited places, people, or duration)
- No-contact lifted; peaceful-contact terms instead
- Duration limited (e.g., months rather than years)
Why choose Heuberger Law
- Focused protection-order defense across Superior and District Courts in Jefferson and Island County
- Rapid response – tight timelines, same-week hearings
- Clear communication – plain-English guidance and realistic expectations
- Flat-fee options for most contested hearings, with transparent pricing
- High success rate in getting protection order petitions dismissed or narrowed
What to do right now
- Obey the order – no contact means no contact.
- Make a timeline of events with dates, witnesses, and documents.
- Contact me immediately so I can prepare your response and gather witness statements before the hearing.
Frequently asked questions
Is this a criminal case?
No. It’s civil. But violating the order can lead to criminal charges, and a final order can affect jobs, housing, immigration, and firearm rights.
Will I have to give up my firearms?
In DVPO cases, courts frequently order immediate surrender. In other orders, the court may impose firearm restrictions depending on the allegations.
How long can an order last?
Temporary orders last until the full hearing. Final orders often last one year, but judges can issue multi-year or longer orders in certain cases. A 2022 law update allows renewal of existing protection orders without the petitioner showing a present fear of the conduct that gave rise to the initial issuance of the order. Upon renewal, the burden of proof is shifted onto the respondent to show that circumstances have changed such that the alleged misconduct that gave rise to the existing order will not resume. This can be a difficult burden to meet. In practice what this means is that once a protection order is in place it can exist in perpetuity as long as the petitioner is willing to do the leg work each year to renew it.
Can I contact the petitioner just to “explain”?
No. Any contact that violates the order – even well-intentioned – can result in arrest and may harm your case. Let your attorney handle communication.
Service area
My office is in Port Townsend but I represent clients across Jefferson and Island County, Washington – including Port Townsend, Port Hadlock, Coupeville, Oak Harbor, and surrounding communities. Remote appearances and consultations are available.
Pricing
See the pricing page.