I am a victim of domestic violence and recently had my protection order denied. A friend of mine told me I could file a motion for revision -- what is it and how can I get help?
According to Joanna Plichta at Foster Pepper PLLC, if you believe your protection order was wrongfully denied by a commissioner, you may file a motion for revision. In essence, you are asking the judge to take a fresh look at your case and make a new decision. You have 10 days after the commissioner's written order is entered to file and serve the motion for revision. At the same time, you also have the responsibility of scheduling a hearing on a civil calendar by filing a notice of issue. Your motion for revision hearing will be scheduled to take place within 30 days after you file the motion for revision.
At the hearing, a Superior Court Judge will review the record from the protection order hearing, so neither you nor the opposing party may file new briefs or factual material (unless you have permission from the court after showing good cause). This means that you cannot bring in new evidence at the motion for revision. An important piece of information the judge will consider is the taped recording of your live testimony, and you may access the tape through the Superior Court Administration. You must make arrangements for a transcript of the proceedings and you must do so within five calendar days after filing the motion.
If you need help filing a motion for revision, you should visit the domestic violence legal advocates at the King County Superior Court in Seattle or at the Regional Justice Center in Kent, depending where your case is heard. You can contact the King County Protection Order Advocacy Program at (206) 296-9547 or (206) 205-7406. Staff members are available at this Program from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for legal holidays.
If you would like attorney assistance on your case and are a low-income or indigent woman, you may qualify to receive assistance from the Domestic Violence Revision Squad, whose volunteer attorneys represent victims in filing motions for revision or reconsideration in cases in which a protection order has been wrongly denied or is insufficiently protective of the children. The best way to get placed on the referral list for the Squad is to go to court and speak with the domestic violence legal advocates mentioned above.
Answers are intended for general information only and are not intended to take the place of the advice of your own attorney. Ask a Lawyer is in partnership with the Access to Justice Institute at Seattle University and Foster Pepper PLLC. Got questions? E-mail firstname.lastname@example.org.