The court has jurisdiction over domestic violence, sexual assault, stalking, harassment, and extreme risk protection order cases. A victim may request a court order that prohibits any contact by the perpetrator. The initial order is called a "temporary order" and is requested "ex parte" (by just one side). If the Judge grants a temporary order, it will be in effect for 14 days and a hearing will be scheduled for each side to present his/her case. If the Judge does not grant the temporary order, the Judge may still schedule a hearing to have each side present his/her side. The Judge, upon hearing each side, will then either grant or deny the protection order request. The orders granted by the Judge are put into the police computer system to facilitate enforcement.
The Bainbridge Island Municipal Court is available for temporary protection order requests Monday through Friday. It is recommended you contact the court to make sure there are no scheduling changes. The court is generally available Monday to Friday at 11 a.m. to hear protection order requests. To schedule a hearing for a Temporary Protection Order request, you must submit your completed paperwork to the clerk no later than 10 a.m. and your hearing will be scheduled at 11 a.m.
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 & Sexual Assault
Domestic Violence Cases
The YWCA maintains an office in the court building in Rollingbay for an advocate to assist victims and petitioners with domestic violence cases. The advocate is available to assist people, offering crisis response, safety planning, legal advocacy and advocacy- based counseling. For additional information, contact: 360-479-0491 or the 24-hour crisis line 800-500-5513, or visit the YWCA Kitsap County website.
Sexual Assault Cases
The Kitsap Sexual Assault Center provides advocacy for victims of sexual assault. KSAC also offers a 24-hour crisis support line at 1 866-831-2050 and other services described on the KSAC website. The legal advocate (as of December 2017) to contact if you are petitioning for a Sexual Assault Protection Order is Beverly Van Santford at 360-337-4950 or email Beverly Van Santford.
Forms & 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 you are seeking that the other party surrender firearms, you should provide the Motion for Surrender of Weapons. If someone hasn't committed any harm or threatening behavior to you, but 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 a.m. to 4 p.m. You may also download the forms:
Declaration Form for Witnesses
- Domestic Violence Protection Order (PDF) Instructions and Forms
- Evidence Presentation at Full Order Protection Order Hearing - Handout (PDF)
- Extreme Risk Protection Order Petition (PDF)
- Harassment / Stalking Protection Order Forms (PDF)
- Motion to Surrender Weapons (PDF) (for all Civil Protection Order Types)
- Sexual Assault Protection Order Forms and Instructions (PDF)
Process for Protection Order Hearings
Request for Temporary Order
When a person (also called a “party” in legal terms), requests a protection order against another person, the Court will review the written petition and documents submitted. The Judge may also ask you questions in open court.
The Judge will consider whether or not to issue a temporary order and set a full hearing. There are three things that may happen upon a request for a temporary protection order:
- The Court issues a temporary protection order, good for up to 14 days and sets the matter for a Full Order Hearing;
- The Court declines to issue a temporary protection order and sets the matter for a Full Order Hearing;
- The Court finds that there are not sufficient grounds for a protection order and declines to issue a temporary order and set any further hearing.
If a temporary order is issued, it will be forwarded to the police department for service of the petition paperwork, temporary order, and notice of hearing. Bainbridge Island Police will serve all types of orders without requiring any service fees. Other police departments may charge service fees for personal service of harassment protection orders.
Full Order Hearing
When a person requests a protection order against another person, that person must be given notice. Notice is provided by in-person service of the temporary order and next hearing (typically by law enforcement). You should expect that all paperwork submitted to the court (except confidential law enforcement form) will be given to the person you are requesting an order against. Court actions must be public hearings and all paperwork must be shown to the other side.
If the party is not served prior to the next hearing, the Judge may reissue the temporary order and reset the hearing to allow for proper notice to be provided. If the requesting party fails to appear for the full order hearing, the matter will be dismissed. If the responding party is served properly according to legal requirements and fails to appear at the hearing, the Judge may issue the protection order against the person.
At the Full Order Hearing, the parties will be kept separated prior to the start of the hearing as much as possible. The parties will be present at the same time during the hearing. The Bainbridge Island Municipal Court has a security officer present for the hearing.
At the Full Order Hearing, the Court will review the evidence submitted, testimony, and any additional evidence submitted. Each party will have an opportunity to address the Judge.
Presentation of Evidence- Protection Order Hearings
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 Kitsap County Superior Court, different rules may apply.
Full Order Hearing
At the full order hearing, the Court will consider the written petition and any additional evidence presented and that the Judge deems relevant to the matter.
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 parties appear “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 should present written statements of witnesses using the Declaration Form included with the petition packet. However, keep in mind that live testimony may be more helpful to the Judge 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/Flashdrive 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) or the Judge will not be able to see it. 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 have three copies of anything you plan to show to the Judge (1) for yourself; (2) for the other party; and (3) a copy for the Judge/court file. Providing this evidence in advance of the hearing to the Court and the other party will prevent delays. You may drop off a copy of any evidence to the clerk in advance of your hearing and the clerk will contact the other party regarding pick up, if the clerk has contact information for that party. If you fail to bring adequate copies, the clerk will charge you for any copies requested at 50 cents per page.
SAVIN Protective Order Brochure (PDF) - Be notified when your order is served on the respondent.