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1. How do I get a restraining order?

There are several types of restraining orders available to residents of Washington State. Depending on the circumstances will dictate which order is most appropriate.

• Order of Protection: This order is obtained by a victim of domestic violence. The victim may petition the court asking for protection. If the victim has children with the offender, then the order may be in place for up to 1 year. If no children are in common, then the order can be for lifetime. The victim has the option to have this order lifted at any time. If the offender violates this order, the sanction can be a criminal offense. There is no charge for Protection Orders and they may be obtained at any of the district courts, municipal courts or superior courts.
• No Contact Orders: These orders arise out of a criminal conviction and provide protection to the victims of certain crimes. A judge places these orders in effect and only the judge can lift these orders. The victim does not, necessarily, have to agree with the order being put into place. Victims can file a motion in front of the sentencing judge to have the order lifted if they believe they are not in danger, however, the final decision is made by the judge.
• Anti-Harassment Order: This order is for victims of crime who do not fall under the statute for domestic violence. Similar to the protection order, the victim may petition the court to ask for protection. The order may be in effect for up to 1 year. Violation of this order can be a criminal sanction. There is a charge for this order and it varies depending if you obtain the order from a district court, municipal court, or superior court. The victim should contact the court clerk to find out the cost.

2. I want a protection order to keep my husband, wife, boyfriend, girlfriend, or other person away from me. Will the Prosecuting Attorney’s Office do this for me?

A victim may contact Snohomish County Protection Order Office at 425-388-3638 to obtain more specific information on how to file for a protection order. You can also find out more about protection orders through the County Clerk's website.

3. How do I find out if an offender has been released from jail or prison?

Snohomish County Corrections and the State of Washington has partnered with a program called VINE. This program is available for anyone to sign up to be notified if an offender is being released from jail. To sign up for this program, a victim may call 877-VINE-4WA (877-846-3492) and follow the directions, or you may visit their website.

4. I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecuting Attorney’s Office?

The Snohomish County Prosecutor’s Office is a non-investigative agency. In most cases, crimes must be reported to the Sheriff’s Department, a Police Department, or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. For example, if the crime occurred in Everett, it should be reported to the Everett Police Department. If the crime was committed in any unincorporated area of Snohomish County, the crime should be reported to the sheriff.

The crime may be reported to the local law enforcement agency by calling 911 immediately. There are two levels of crimes, misdemeanors and felonies. Misdemeanor offenders can never get more than 365 days in jail. Felony offenders could be sent to prison, depending on the crime. If the offender has committed a felony crime, and have been arrested, they will have a First Appearance Hearing the next judicial day after their arrest. If over the weekend, the hearing will be the following Monday. All first appearance hearings are held at 1 p.m. in Snohomish County Superior Court, 1st floor of the courthouse. At this hearing the offender will be advised of what charge they are being held on and bail amounts will be discussed. After this hearing, the prosecutor’s office will have 72 hours to decide whether or not to charge the case. As a victim, you may want to follow up with the prosecutor’s office to find out if charges will be filed.

On misdemeanor cases, when an arrest has been made, the arresting office will provide the offender with a citation. At the time of their first appearance, the court will provide them with additional court dates. These hearings occur every weekday morning. If the offender was not located by the police and an arrest has not been made, the police will forward the reports to the appropriate prosecutor’s office and the file will be reviewed to determine if charges can be filed. The victim should contact the responding police agency to find out which prosecuting attorneys office the reports have been forwarded to, if they have not heard from the prosecutor’s office directly.

5. What is my court date?

The best way to find out more information about your court date is to visit the Washington State Courts website and enter a search. You can search using a first and last name or a case number, if you know it. You will need to specify which court system you are searching. The municipal courts in Snohomish County are Everett Municipal, Lynwood Municipal, and Marysville Municipal. There are four district courts for Snohomish County that have jurisdiction over unincorporated parts of the county and cities that have contracted with the district court for their municipal matters. The District Courts are: Snohomish County Cascade Division, Everett Division, Evergreen Division, and South Division. The Municipal and District courts do not deal with felonies, which are handled by the Superior and Federal Courts.

If you do not have access to the internet or have problems navigating the site listed above, you can always call the court directly and ask for the information.

6. I am a victim in a criminal case and I want to drop the charges. Can I do that?

The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed. One reason for this is that some criminal charges affect more than one victim, and the other victims may wish to proceed. Another reason is that sometimes the victim has been intimidated or pressured to drop the charges, or believes that such a request will stop any retaliation. If our office did not proceed in such cases, victims would continue to be intimidated and hurt. If you would like to discuss your case, you should speak with the prosecutor handling the case.

7. I was the victim of a crime. Can I get money for what I have lost?

If the defendant is convicted of the crime, and in some other special dispositions, the court can order the defendant to pay restitution. Restitution is money equal to the victim’s loss. The following are typically awarded as restitution: cost of destroyed, lost, or damaged property, medical and counseling bills, or lost wages due to injury from the crime.

Some types of loss, such as pain and suffering, are usually not awarded as restitution. You should contact a non-government attorney if you want help obtaining pain and suffering damages.

In addition, the Washington State Department of Labor and Industries has a program called the Crime Victims Compensation Program. It will provide funds for victims of crime to help pay for medical and counseling costs that are a result of the crime. This program is a source of last resort for victims not otherwise covered by insurance or medical coupons.

8. I was the victim of a crime, and the defendant was ordered to pay restitution to me. Since then, I have more medical and counseling bills. Will the defendant pay for those too?

In some cases, the court will consider changing the amount of restitution the defendant must pay. The Crime Victims Compensation Program may also provide financial help if you have ongoing treatment or counseling. Our office can provide the form you need to get this help.

9. Why am I not getting my restitution check?

If the court ordered the defendant to pay restitution to you, but you are not getting money, it could be because the defendant is still in jail or prison, the defendant is not making any money to pay to the court, or the defendant isn't paying for some other reason. You may have to wait a long while for money. Various departments, including the Washington State Department of Corrections, are then responsible for collecting money owed to victims. The Clerk of the Court where the case was filed will send the money to you as it is received. If you are not receiving your restitution you should contact that clerk’s office to make sure it has your correct address. If the defendant has community supervision or probation, you can also call the defendant’s community custody officer or probation officer about the lack of payment.

10. How do I collect restitution when I know the defendant is working but isn’t paying?

The defendant is responsible to make his/her community corrections officer or probation officer aware of his/her her living and employment status. If you have additional information about the defendant, the community corrections officer or probation officer would like to be informed. If the defendant is not being supervised, contact the clerk's office of the court in which the case was heard.

11. I was the victim of a crime. Can you tell me the name of the defendant and the defendant's next court date?

Our office can give you the name of an adult defendant and the next court date if we have filed charges against the defendant. To obtain this information, call 425-388-3333.

12. What is the status of my case?

If you would like more information concerning a case, please call our office at 425-388-3333.

13. Do you have a witness protection program?

No. We can help by giving victims and witnesses the names and telephone numbers of both government and non-government organizations that can provide other types of aid, but we cannot promise security.

14. What kind of counseling services do you provide?

This office does not provide any counseling services; however, an advocate can provide you with a referral to a local agency that does provide counseling services.

15. Is the prosecutor my attorney?

No. The prosecuting attorney represents the State of Washington and Snohomish County, not individual persons or businesses. The prosecutor will listen to your concerns and take into consideration your wishes. However, the prosecutor must weigh all the aspects of the case and makes the final determination.