What Are The Reasons A Restraining Order Gets Denied

If you’ve ever been in a situation where you felt unsafe or threatened, seeking a restraining order might feel like the best step to take. 

Restraining orders can provide critical protection for those experiencing abuse or harassment, but the process isn’t always straightforward. Sometimes, despite the seriousness of your concerns, a judge may deny your request.

At Jackman Law Firm, we’ve been assisting clients with restraining orders in Washington State since 2014. We understand how confusing and disheartening a denial can feel, especially when your safety is on the line. In this article, we’ll walk you through some common reasons restraining orders are denied and what steps you can take to strengthen your case.

Insufficient Evidence

When you file for a restraining order, you have the burden of proving that protection is necessary. This means providing enough evidence to show that the alleged abuse or harassment has occurred. Unfortunately, many petitions are denied because they lack the evidence required to meet this standard.

Here are some examples of evidence that can help:

• Police reports detailing incidents of violence or harassment.
• Photos of injuries or property damage.
• Medical records showing harm caused by abuse.
• Witness statements from individuals who saw or heard abusive behavior.
• Threatening messages, such as emails, texts, or voicemails.

It’s essential to present detailed accounts of incidents, including dates, times, and locations. Without these specifics, the judge may see your claims as too vague or unsupported. In cases where it’s your word against the other person’s, the lack of corroborating evidence can make it even harder to secure an order.

Failure to Meet the Legal Definition of Abuse or Harassment

A restraining order can only be issued if the behavior you’re reporting falls within the legal definitions of abuse or harassment in Washington State.

Here’s a breakdown of what typically qualifies:

• Abuse: Includes physical harm, threats of harm, sexual assault, stalking, and significant psychological or emotional abuse.
• Harassment: Involves repeated, intentional acts that seriously alarm, annoy, or harass someone, and that serve no legitimate purpose.

General discomfort, minor arguments, or unpleasant interactions may not meet the legal threshold. For example, feeling uneasy around someone or disliking their behavior isn’t enough to justify a restraining order unless it rises to the level of abuse or harassment as defined by law.

Procedural Errors

Sometimes, even valid cases are denied because of mistakes in how the paperwork or process is handled. Filing for a restraining order involves specific legal steps, and errors along the way can result in a denial.

Common procedural mistakes include:

• Failing to fill out all sections of the required forms.
• Filing the wrong type of restraining order (e.g., filing a harassment order when a domestic violence order is needed).
• Not serving the respondent (the person you’re seeking protection from) with the paperwork correctly or within the required timeframe.
• Failing to appear in court for the scheduled hearing.

Each of these errors can undermine your case, even if your need for protection is valid. Paying close attention to these details—and seeking legal help if necessary—can make all the difference.

Lack of Credibility

The judge’s perception of your credibility can significantly impact the outcome of your restraining order request. When deciding whether to grant an order, the judge will evaluate how believable and trustworthy you appear in court.

Factors that can hurt your credibility include:

• Vague or inconsistent statements: If your account of events changes or seems unclear, the judge may doubt your claims.
• Exaggerations or overreaching: Making claims that seem inflated or unsupported by evidence can backfire.
• Appearing untruthful: Any sign that you’re withholding information or being dishonest can harm your case.

Presenting your case clearly, calmly, and honestly is essential. Avoid making accusations you can’t back up with evidence, and focus on explaining why the restraining order is necessary to protect you.

Failure to Establish a Claim for Relief

To receive a restraining order, you must clearly show that the behavior you’re reporting requires legal protection. This means articulating what happened in a way that demonstrates a genuine need for the court’s intervention.

For example, simply saying, “I’m scared of this person,” isn’t enough. Instead, you should explain why you’re afraid, what the other person has done to make you feel this way, and how their actions have affected your safety or well-being.

The Judge’s Discretion

While there are specific legal standards for granting restraining orders, judges also have discretion in evaluating cases. They may consider various factors, such as:

• The credibility of both parties.
• The nature and history of the relationship.
• Any patterns of past behavior that indicate risk.

That said, Washington State law also limits how judges can exercise this discretion. For example, a judge cannot deny a restraining order solely because:

• The petitioner or respondent is young.
• The petitioner didn’t report the abuse to the police.
• There are no criminal charges pending.
• Significant time has passed since the last incident.

These safeguards are in place to ensure fairness, but it’s still essential to present your case as strongly as possible.

Facing a Restraining Order Denial in Washington? We Can Help

If your request for a restraining order has been denied, don’t lose hope. There are often steps you can take to address the court’s concerns and reapply, or you may have other legal options to protect yourself.

At Jackman Law Firm, we understand how critical it is to feel safe and supported during challenging times. Our team is here to listen to your story, review the details of your case, and guide you toward the best possible outcome. Don’t face this process alone. Call us today at (206) 558-5555 or contact us online to schedule a consultation. Let us help you protect your rights and secure the peace of mind you deserve.