Know the Laws: Washington
UPDATED October 1, 2012
A civil anti-harrassment order provides protection from harm from an abuser whether or not you are related or married to him/her.
The law defines "harassment" as a series of acts over a period of time that:
A civil anti-harassment order is a court order that tells the abuser to stop harassing you. For more information on how an order may help you, see How can a civil anti-harassment order help me?
You do not have to have any special type of relationship with the abuser (for example, the abuser may or may not be related or married to you; s/he could be a significant other, neighbor, co-worker, or relative).* Therefore, if you do not meet the requirements to get a domestic violence order for protection (DVOP) due to your relationship to the abuser or due to the fact that the harassment does not meet the legal definition of "domestic violence," you may be able to file for an anti-harassment order instead.
However, if you do qualify for a DVOP or sexual assault protective order (SAPO) based on the harassment, or if you have a no contact order from a criminal court based on the harassment, then you are most likely not eligible for an anti-harassment order.** You would have to apply for the DVOP or SAPO instead.
Note: If you are going to apply for an anti-harassment order, remember to be specific about how the abuser has harassed you and about the effect it had on you. According to the law, harassment must involve a series of acts. A single incident, no matter how much it may bother you, does not constitute legal harassment.
* See R.C.W. § 10.14.080
** R.C.W. § 10.14.130
There are two types of civil anti-harassment orders in WA, an ex parte temporary order and a final order.
Ex parte temporary anti-harassment order
An ex parte anti-harassment order is a temporary order that you can get when you file your petition in court, without the abuser present. It is designed to protect you until the court hearing for the final civil anti-harassment order. When you file your application for an ex parte anti-harassment order, the judge will read your petition and may hold a hearing where you will tell the judge why you need the order. (The abuser will not be present at this hearing, which is what is meant by the term “ex parte”). A judge will grant the temporary order only if your petition shows reasonable proof of unlawful harassment and if s/he believes that severe or permanent harm will happen to you if you don’t get the order immediately.*
Temporary orders last for a fixed (specific) period of up to 14 days. If the court permits service of the abuser by publication (in a newspaper if the court believes the abuser is purposefully avoiding being served), the order will last for a fixed period up to 24 days. Ex parte orders may be reissued (renewed) until the court holds the hearing for the final order.*1
Note: If you have filed for and received two ex parte orders in the past against the same abuser, but you failed to get a final civil anti-harassment order, you cannot get a third ex parte temporary anti-harassment unless you can prove that there was a good reason why you didn’t get the final order the first two times.*2 Therefore, this is something to consider if you currently have an ex parte order and are thinking of dropping it. If you are currently seeking a third ex parte anti-harassment order against an abuser, we strongly suggest you speak with a lawyer.
Final civil anti-harassment order
A final order for protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story, present evidence, witnesses, etc. The hearing will be no more than 14 days from the date you got your temporary order or no more than 24 days if the abuser was notified by publication.*1 If the abuser is being served in person (as is normally done), s/he must be served at least five court days before the hearing takes place.*3
Generally, the order for protection will last for one year unless the court finds that the abuser is likely to continue the harassment when the order expires. In that case, the judge can make the order for a fixed (specific) amount of time or can make it permanent (last forever). However, if the judge included in the order that the abuser cannot contact his/her minor children, then the anti-harassment order can only last up to a year. For any order that is for one year or for a fixed amount of time, you can apply to renew it when the order expires.*4 If you are not sure whether you have a permanent order or not, look to see if there is an expiration date written on the order.*5 To get more information about renewing your order, please see How can I modify (change) or extend my civil anti-harassment order?
Note: Even if the abuser does not appear at the hearing or respond to the petition but he was properly served (in person or by publication), the judge can still give you a civil anti-harassment order for a minimum of one year from the date of the hearing.*6
Also note: When a judge is giving an ex-parte temporary anti-harassment order or a final civil anti-harassment order, the judge cannot do the following things:
* R.C.W. § 10.14.080(1)
*1 R.C.W. § 10.14.080(2)
*2 R.C.W. § 10.14.080(10)
*3 R.C.W. § 10.14.070
*4 R.C.W. § 10.14.080(4)
*5 R.C.W. § 10.14.080(11)
*6 R.C.W. §§ 10.14.080(2), 10.14.105
*7 R.C.W. § 10.14.080(7)
*8 R.C.W. § 10.14.080(8)
*9 R.C.W. § 10.14.080(9)
It will be up to the judge to decide what is appropriate to stop the harassment by the abuser. The judge can order such things as: