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Washington Restraining Orders

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Restraining Orders

Domestic Violence Protection Orders

Basic information

What is the legal definition of domestic violence in Washington?

This section defines domestic violence for the purposes of getting a domestic violence protection order.

Domestic violence is when one or more of the following things occur between intimate partners or family/household members:

  • physical harm;
  • bodily injury;
  • assault;
  • making you fear immediate physical harm, bodily injury, or assault;
  • nonconsensual sexual conduct;
  • nonconsensual sexual penetration;
  • coercive control;
  • unlawful harassment; or
  • stalking.1

1 R.C.W. § 7.105.010(9)

What types of domestic violence protection orders are there? How long do they last?

There are two types of domestic violence protection orders in Washington:

Temporary protection order
A temporary protection order is meant to protect you until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the abuser being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide about the full protection order.1

In addition to requesting an ex parte temporary protection order, you can ask for an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.2 A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3

Ex parte temporary orders last for a fixed period of up to 14 days.2 If the hearing date is extended and a temporary protection order is re-issued, the new date must not be more than 14 days later.4 Any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.5 If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.4 Your ex parte temporary order should clearly state the expiration date.6

Full protection order
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story and present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.7 The hearing can be held in person or remotely.8

Generally, the full domestic violence protection order can be for a fixed period of time or permanent. Unless you ask for a shorter amount of time, the order will last for at least one year.9 If it only lasts for a fixed period, you can ask to have it renewed.10

Note: If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year, but you can apply to renew that part of the order at the end of the one-year period.11 To get more information about renewing your order, please see How do I extend my protection order?

For information on other types of orders available in Washington, see What other types of orders may help me?

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.200(3)
5 R.C.W. § 7.105.400(2)
6 R.C.W. § 7.105.305(2)
7 R.C.W. § 7.105.010(17)
8 R.C.W. § 7.105.205(1)
9 R.C.W. § 7.105.315(1)
10 R.C.W. § 7.105.405(1)
11 R.C.W. § 7.105.315(2)(a)

In which county can I file for a domestic violence protection order?

The law says that you “should” file your petition in the county where you live. However, the law also says you “may” file in:

  • the county where the act happened that is causing you to file for a protection order;
  • the county where a child to be protected by the order primarily lives;
  • the county where you lived before you relocated, assuming you relocated due to the abuser’s actions; or
  • the court closest to your current home or your prior home if you left that home due to the abuser’s actions.1

1 R.C.W. § 7.105.075

What protections can I get in a domestic violence protection order?

The judge in a protection order case has broad powers to issues order that are appropriate to your situation, including:

  • ordering the abuser not to do the following against you or anyone else protected by the order:
  • ordering the abuser not to contact you or your children, your family members, or members of your household;
  • ordering the abuser to stay away from your home, even if you share it with the abuser, as well as your work, school, or from the school or day care of your child;
  • prohibiting the abuser from coming within a certain distance from a specific location;
  • making a temporary order about the living arrangement of your children, which can suspend visitation under a parenting plan if appropriate;
  • ordering the abuser to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • ordering the abuser to get a mental health or chemical dependency evaluation;
  • ordering the abuser not to attend the same school as you or your child, if the order protects your child;
  • requiring the abuser to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • ordering the abuser not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • ordering the abuser to submit to electronic monitoring, unless the abuser is a minor;
  • requiring the abuser to surrender his/her firearms and prohibiting the abuser from having access to any other firearms if certain conditions are met (Note: You can read about the conditions that must be met for the judge to order the firearm removed on our Selected Washington Statutes page in section (1) of RCW 9.41.800);
  • making an order regarding possession of your essential personal property, including a pet owned by you, your child, or the abuser;
  • making an order regarding the use of a vehicle;
  • restricting the abuser from engaging in abusive litigation, making harassing or libelous communications to third parties, or making false reports to investigative agencies;
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief; or
  • prohibiting the abuser from having or distributing intimate images of you, including requiring the abuser to take down and delete any such images.1

Whether or not a judge orders any or all of the above depends on the facts of your case.

Note: The judge cannot require that you, as the petitioner, get any services, including drug testing, victim support services, mental health assessments, or a psychological evaluation.2

1 R.C.W. § 7.105.310(1)
2 R.C.W. § 7.105.310(4)(a)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)

Who can get a domestic violence protection order

Am I eligible to file for a domestic violence protection order?

You are eligible to file for a domestic violence protection order if you or your minor child have been the victim of domestic violence at the hands of an intimate partner or a family or household member.

The law defines “intimate partner” as:

  • your spouse or former spouse;
  • your domestic partner or former domestic partner;
  • someone you have a child in common with, unless the child is conceived through sexual assault; or
  • someone you are dating or dated if both you and the abuser are at least 13 years old.1

The law defines a “family or household member” as: 

  • someone related to you by blood, marriage, domestic partnership, or adoption;
  • someone who you live with now or lived with in the past;
  • someone who has a biological or legal parent-child relationship with you, including step-parents and step-children, grandparents and grandchildren, or a parent’s intimate partner and children; and
  • a person who is acting or has acted as your legal guardian.2 

You can also file a petition for a domestic violence protection order on behalf of your minor child or a vulnerable adult who is a family or household member.3 If you are under the age of 18, see Can I file for a domestic violence protection order if I am a minor?

If you do not meet any of these requirements, there may be another order that applies to your situation. Go to our Civil Anti-Harassment Orders page, Sexual Assault Protection Orders page, and Stalking Protection Orders page for more information. If someone other than one of these people is hurting you, there are other petitions that you may be eligible to file for protection against violence. See What other types of orders may help me?

1 R.C.W. § 7.105.010(20)
2 R.C.W. § 7.105.010(13)
3 R.C.W. § 7.105.100(1)(a)

Can I get a domestic violence protection order against a same-sex partner?

In Washington, you may apply for a domestic violence protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a domestic violence protection order?  You must also be the victim of an act of domestic violence, which is explained in What is the legal definition of domestic violence in Washington?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Can I file for a domestic violence protection order if I am a minor?

If you are younger than 18 but at least 15 years old, you can file for a domestic violence protection order on your own, without an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to, and if you are capable of representing the other minor’s interests.1 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.2

The judge may appoint a guardian ad litem to represent you at no cost if you do not have a lawyer and if the judge thinks it is necessary.3

1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(3)
3 R.C.W. § 7.105.105(11)

How much does it cost? Do I need a lawyer?

There is no filing fee for a domestic violence protection order, and you cannot be charged a fee for service or for certified copies of an order either.1

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 R.C.W. § 7.105.105(9)(a)

Can a domestic violence advocate or other support person come to court with me?

You can have a domestic violence advocate or any support person come to court with you and talk to you in court. An advocate can also help you prepare the petition before you file it.1

1 R.C.W. § 7.105.250

What other types of orders may help me?

Restraining Order
A restraining order is filed as part of a divorce case, a paternity case, or other family law case.1 This is broader than a domestic violence protection order, since it can also deal with property issues, child support, or spousal support. If you are concerned about preventing the abuser from getting rid of your assets during your separation, you might contact an attorney to see about getting a restraining order.

No Contact Order
This order is intended to protect you if the abuser is in the process of a criminal case. The judge will decide whether or not to issue this order when s/he decides if the abuser is to be released on bail or personal recognizance, or when the abuser is formally charged or being sentenced. It does not award custody, establish visitation, or order counseling.2

You can read information about the following orders to see if you might qualify for any: Sexual Assault Protection OrderStalking Protection OrderCivil Anti-Harassment Order, Vulnerable Adult Protection Order, and Extreme Risk Protection Order.

1 R.C.W. § 7.105.115(1)(b)
2 R.C.W. § 10.99.050

Steps for getting a domestic violence protection order

Step 1: Get and fill out the necessary forms

To start your case, you will need to fill out the necessary forms for a domestic violence protection order.

You can get the forms from the civil clerk at the courthouse, but you may want to download them before you go and fill them out at home or with a domestic violence advocate. You will find links to forms online on our WA Download Court Forms page. Go to WA Advocates and Shelters to find an advocate in your area.

Write about the incidents of violence, using specific language, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible. Clerks can show you which blanks to fill in, but they cannot help you decide what to write. Note: Remember to bring photo ID and do not sign the forms until you are in front of a notary or a clerk. The clerk may be able to notarize the forms for you.

You will need to provide a mailing address. If you are staying at a shelter, give a P.O. Box, not the street address. If you want to keep your address confidential, ask the clerk how to do so.

To find an organization in your area and to find contact information for the courthouse in your area, click on WA Courthouse Locations.

Step 2: Ex parte hearing

If you are in immediate danger and requested an ex parte temporary order, the judge or commissioner will either issue the order without holding a hearing or the judge can choose to hold a hearing first. The ex parte hearing can be in person, by telephone, by video, or by other electronic means on the day your petition is filed or the next day the court is in session. At the hearing, you can tell the judge why you need the order.1 The abuser does not have to be present or be told you are asking the judge for an ex parte temporary protection order.

After the ex parte hearing, if you are granted a temporary order, the clerk will file the signed temporary order and give you one or more certified copies. Remember that you may need additional copies for schools, daycare, and your place of employment. You cannot be charged a fee for being given the “necessary” number of certified copies of your order.2

If you received a temporary order, keep a copy of it with you at all times.

Whether the judge grants you a temporary order or not, you may be given a court date for a court hearing on your petition for a full domestic violence protection order within 14 days, assuming your petition is not dismissed.3 This hearing will be in front of a judge at the time shown on the “notice of hearing.” The notice of hearing is the document that tells the respondent where and when to appear for the court hearing. At this hearing, you and the abuser will both have a chance to explain your sides to the judge, present evidence and witnesses, etc.

1 R.C.W. § 7.105.105(12)
2 R.C.W. § 7.105.105(9)
3 R.C.W. § 7.105.305(4)

Step 3: Service of process

The respondent must be “served” or given notice of the hearing five business days prior to the hearing. If the respondent has not been served in time, the hearing will be rescheduled. In that situation, the judge should reissue the temporary order and allow you to attempt to have the respondent served again.1 If you are unable to have the respondent served after two attempts, the judge may allow you to serve the respondent by mail, electronically, or by publication, unless you request another chance to have the respondent served in person.2 If the respondent was served but does not show up, the hearing can proceed without the respondent.

The clerk will send the law enforcement office a copy of the petition for the protection order and a copy of the temporary order, if you were granted one, to serve the respondent. A return of service form and a Law Enforcement Information Sheet will also be included for law enforcement’s use. Any adult 18 or over, other than you, can serve the papers. However, people usually want a law enforcement officer to serve the papers, since there could be a dangerous situation. The court may order the law enforcement agency where the respondent lives to serve the papers. Do not attempt to serve the papers to the abuser yourself.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

1 R.C.W. § 7.105.165(1)
2 R.C.W. § 7.105.150

Step 4: Sorting out the paperwork

The clerk will send a copy of the temporary order and the Law Enforcement Information sheet to the police station where you live so it can be entered into the statewide law enforcement computer system. This is to ensure your order can be enforced by the police or sheriff. The Law Enforcement Information Sheet will not be given to or shown to the respondent.1

When you leave the court, you should have the following papers:

  • copy of the petition for a protection order;
  • the original completed Law Enforcement Information Sheet; and
  • at least one certified copy of the temporary order. You may want to carry one copy with you at all times. You also may want extra copies to keep in a safe place so there will be a copy available to show police in case of a violation.

1Law Enforcement Information Sheet

Step 5: Full court hearing

If you want to get a full order, you must go to the hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If you absolutely cannot go to the hearing at the scheduled time, you may call the courthouse and ask how to request a later court date (“continuance”), if that is possible.

You may wish to hire a lawyer to represent you at the hearing, especially if the abuser has one.  If the abuser shows up with a lawyer, you can ask the judge for a continuance so that you have time to find a lawyer. Go to WA Finding a Lawyer to find help in your area. You can also represent yourself if you choose to or if you cannot find a lawyer. For tips on representing yourself, go to our At the Hearing page.

 

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Washington have to power to remove guns as part of a temporary or full order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

I was not granted a domestic violence protection order. What are my options?

If the judge denies your petition for a full protection order, the judge is required to tell you the procedures, both verbally and in writing, for filing a motion for reconsideration or a motion for revision. The judge must also give you contact information for a civil legal aid organization.1

If you were not granted a domestic violence protection order because your relationship with the abuser or the type of abuse you experienced does not qualify under the law, you may be able to seek protection through one of these orders:

However, the judge cannot deny your domestic violence protection order just because the acts you put in your petition would qualify for a different type of order.2 You may also be able to reapply for a domestic violence protection order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated, and you will most likely need the help of a lawyer. For basic information on appeals, go to our Filing an Appeal page.

Even if you are not granted a domestic violence protection order, there are still some things you can do to try to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They may be able to help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of resources in Washington on our WA Places that Help page.

1 R.C.W. § 7.105.0001(2)
2 R.C.W. § 7.105.100(5)

What if the abuser violates the order?

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells him/her not to do.1 To file for civil contempt, go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both. In certain cases, such as where there have been prior violations of protection orders or if the abuser commits an assault or creates a substantial risk of death or serious physical injury when violating the order, it can be a class c felony, which is punishable by up to five years in prison, a fine of up to $10,000, or both.2

A violation that consists of entering a residence, workplace, school, day care, or other areas the judge has ordered the respondent to vacate or stay away from, subjects the respondent to a mandatory arrest.3

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult abuser committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

  1. It was a felony assault;
  2. The assault caused bodily injury to the victim; or
  3. A physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.4 

To read more information about what type of assault must have been committed, you can read the law on our Selected Washington Statutes page, section 10.31.100(2)(d).

1 R.C.W. § 7.105.450(3)
2 R.C.W. §§ 7.105.450(4), (5); 9A.20.021(1)(c),(2)
3 R.C.W. § 7.105.450(2)
4 R.C.W. § 10.31.100(2)(d)

Can I file a motion to change or terminate my domestic violence protection order?

To change (modify) your order, go back to the court where you got it and file a petition with the clerk. After holding a hearing, the judge can modify or end (terminate) a protection order if you or the abuser files a motion asking the judge to do so.1

The respondent must be personally served with your motion and notice of the hearing at least five days before the court date unless the judge has allowed the abuser to be served by publication or by mail.2 Then there will be a hearing where the judge will hear from both sides and will decide whether or not to give you what you requested.

1 R.C.W. § 7.105.500(1)
2 R.C.W. § 7.105.165(1)

Can the abuser file a motion to change or terminate my protection order?

If the abuser files a motion to modify or terminate a domestic violence protection order, s/he must include facts and circumstances explaining the request for changing or ending the order in what is called a “declaration.” You will then have the option to file a response, known as an “opposing declaration.”1 You must be personally served with the respondent’s motion and declaration at least five days before the hearing.2 The judge will read both declarations and decide if there is enough of a reason (adequate cause) to schedule a hearing. If the judge decides that there is adequate cause, the judge will hold a hearing during which both sides will present evidence and testimony.1

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued, which makes it unlikely that the respondent would commit future acts of domestic violence against you or anyone else protected in the order.3 If the judge decides there is no adequate cause, the judge will dismiss the respondent’s motion and will deny his/her request.1

The respondent is not allowed to file this type of motion more than once every 12 months.4

It is important to know that for either a request to modify or terminate, you do not have to prove that you have a current, reasonable fear of immediate harm by the respondent to keep the order.3 For more information, see What factors will a judge consider when deciding whether or not to terminate my full protection order? 

1 R.C.W. § 7.105.500(2)
2 R.C.W. § 7.105.165(1)
3 R.C.W. § 7.105.500(3)
4 R.C.W. § 7.105.500(7)

What factors will a judge consider when deciding whether or not to terminate my full protection order?

The judge will consider the following factors when considering if there has been a substantial change in circumstances that would make it unlikely that the respondent would commit future acts of domestic violence:

  1. whether or not the abuser has done any of the following:
    • committed or threatened domestic violence, sexual assault, stalking, or other harmful acts since the protection order was entered;
    • violated the protection order , and the time that has passed since the order was entered;
    • expressed a desire to commit suicide or has attempted suicide since the protection order was entered;
    • been convicted of a crime since the protection order was entered;
    • either accepted responsibility for the acts of domestic violence that are the basis for the protection order, or successfully completed domestic violence perpetrator treatment or counseling since the protection order was entered;
    • is abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
  2. whether or not you agree with the abuser’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
  3. other factors relating to a substantial change in circumstances.1

Note: The judge cannot make his/her decision based only on the fact that time has passed without a violation of the order.2 Also, even if the abuser proves that there has been a substantial change in circumstances, the judge can still deny the request to terminate the order if the domestic violence that caused you to get the protection order was so severe that the judge believes that the order should not be terminated.3

1 R.C.W. § 7.105.500(4)
2 R.C.W. § 7.105.500(5)
3 R.C.W. § 7.105.500(6)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.1 The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not commit acts of domestic violence against you, your children, or your family or household members once the order expires.2The judge cannot deny a motion to extend/renew your order for any of the following reasons:

  1. The abuser has not violated your protection order;
  2. You or the abuser are a minor;
  3. You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
  4. A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
  5. The request you are making to the court could be granted in a different court action;
  6. The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
  7. The abuser no longer lives near you.3

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.1 A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.4

The judge cannot change the terms of your renewed protection order unless you request the change.5

1 R.C.W. § 7.105.405(1)
2 R.C.W. § 7.105.405(4)(a)
3 R.C.W. § 7.105.405(6)
4 R.C.W. § 7.105.405(8)
5 R.C.W. § 7.105.405(7)

What happens if I move?

Your protection order is valid throughout the state of Washington. When you first get the order from court, a copy of your order is forwarded by the clerk of the court to the appropriate law enforcement agency that is specified in the order. Then, this law enforcement agency will enter your order into a computer database that other law enforcement agencies in the state have access to. Once it is in the database, this is considered giving notice to all law enforcement agencies that the order exists, and therefore it is enforceable in any county you move to within Washington.1

If you move to another part of the state, it may be a good idea to call the clerk at the courthouse where you got your order to change your address. However, if your address is confidential, be sure to ask the clerk what steps you need to take to make sure that the address is listed as confidential in the court records.

Additionally, federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.2 However, different states have different rules for enforcing out-of-state protection orders.  If you are moving to another state, you can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, a lawyer in your state, or the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2).

Please see our Moving to Another State with Your Domestic Violence Protection Order section for more information.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 R.C.W. § 7.105.325
2 18 U.S.C. § 2265(a)

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Is there anything I can do if my abusive partner continually files court proceedings against me?

Washington law recognizes that abusers often misuse court proceedings in order to continue the abuse.1 This is called abusive litigation. If you are the victim of abusive litigation by your current or former intimate partner, and the court has already determined that the abuser has committed domestic violence against you, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this. 

1 R.C.W. § 26.51.010

Stalking Protection Orders

Basic info and definitions

What is the legal definition of stalking in Washington?

For the purposes of getting a stalking protection order, you have to be a victim of stalking, which the law defines as any of the following:

  • any act of stalking as defined by law;
  • any act of cyber harassment as defined by law; or
  • any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping you under observation, disrupting activities in a harassing manner, or following you when all of the following are true:
    • it would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened;
    • it serves no lawful purpose; and
    • the stalker knows or reasonably should know his/her conduct threatens, frightens, or intimidates you, even if the stalker did not intend to intimidate, frighten, or threaten you.1

Note: The judge cannot deny your order because you did not report the stalking to the police2 or because you would qualify for another type of order, such as a domestic violence protection order (“DVPO”). However, the law does encourage someone being stalked by an intimate partner or family or household member to file for a DVPO instead.3 Also, the judge cannot require you to show proof of the abuser’s intentions behind his/her actions in order to grant you a stalking protection order.4

1 R.C.W. § 7.105.010(34)
2 R.C.W. § 7.105.225(2)(b)
3 R.C.W. § 7.105.100(5)
4 R.C.W. § 7.105.225(4)

What types of stalking protection orders are there? How long do they last?

There are two types of stalking protection orders in Washington:

Temporary protection order.
A temporary protection order is meant to protect you until the court hearing for a full protection order. Temporary protection orders include “ex parte” temporary protection orders that are issued by the judge without the abuser being notified (which is what “ex parte” means), as well as temporary protection orders that the judge issues before the completion of the hearing to decide about the full protection order.1

When you file for application for a protection order, you may request that the judge issue an ex parte temporary protection order and an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.2 A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3

If you request an ex parte order, the judge will either issue the order without holding a hearing or hold a hearing in person, by telephone, by video, or by other electronic means on the day your petition is filed or the next day the court is in session so that you can tell the judge why you need the order.4

Ex parte temporary orders last for a fixed period of up to 14 days.2 If the hearing date is extended and a temporary protection order is re-issued, the new date shall not be more than 14 days later. If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.5If the court reschedules the hearing date and a new temporary order is issued for an additional 14 days, any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.6 Your ex parte temporary order should clearly state the expiration date.7

Full protection order.
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story, present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.8 The hearing will be no more than 14 days from the date you got your temporary order or no more than 30 days if the abuser was notified by publication or mail, unless the judge reschedules it by an additional 14 days and issues you a new temporary order in the interim.5

The hearing can be held in person or remotely.9

Generally, the full protection order can be for a fixed period (specific amount of time) or permanent (forever). Unless you ask for a shorter amount of time, the order will last for at least one year.10 If it only lasts for a fixed period, you can ask to have it renewed.11

Note: If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year (but you can apply to renew that part of the order at the end of the one-year period).12 To get more information about renewing your order, please see How do I extend my protection order?

For information on other types of orders available in Washington, see What other types of orders may help me?

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.105(12)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.305(2)
8 R.C.W. § 7.105.010(17)
9 R.C.W. § 7.105.205(1)
10 R.C.W. § 7.105.315(1)
11 R.C.W. § 7.105.405(1)
12 R.C.W. § 7.105.315(2)(a)

In which county can I file for a stalking protection order?

The law says that you “should” file your petition in the county where you live. However, the law also says you “may” file in:

  • the county where the act happened that is causing you to file for a protection order;
  • the county where a child to be protected by the order primarily lives;
  • the county where you lived before you relocated, assuming you relocated due to the abuser’s actions; or
  • the court closest to your current home or your prior home if you left that home due to the abuser’s actions.1

1 R.C.W. § 7.105.075

What protections can I get in a stalking protection order?

The judge in a protection order case has broad powers to issues order that are appropriate to your situation, including:

  • ordering the abuser not to do the following against you or anyone else protected by the order: 
    • acts of domestic violence;
    • nonconsensual sexual conduct or nonconsensual sexual penetration;
    • sexual abuse;
    • stalking;
    • acts of abandonment, abuse, neglect, or financial exploitation against a vulnerable adult; and
    • unlawful harassment;
  • ordering the abuser not to contact you, your children, your family members, or members of your household;
  • ordering the abuser to stay away from your home, even if you share it with the abuser, as well as your work, school, or from the school or day care of your child;
  • prohibiting the abuser from coming within a certain distance from a specific location;
  • making a temporary order about the living arrangements of your children, which can suspend visitation under a parenting plan if appropriate;
  • ordering the abuser to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • ordering the abuser to get a mental health or chemical dependency evaluation;
  • ordering the abuser not to attend the same school as you or your child, if the order protects your child;
  • requiring the abuser to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • ordering the abuser not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • ordering the abuser to submit to electronic monitoring unless the abuser is a minor;
  • requiring the abuser to surrender his/her firearms and prohibiting the abuser from having access to any other firearms, if certain conditions are met (Note: You can read about the conditions that must be met for the judge to order the firearm removed on our Selected Washington Statutes page in section (1) of RCW 9.41.800.);
  • making an order regarding possession of your essential personal property, including a pet owned by you, your child, or the abuser;
  • making an order regarding the use of a vehicle;
  • restricting the abuser from engaging in abusive litigation , making harassing or libelous communications to third parties, or making false reports to investigative agencies;
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief; or
  • prohibiting the abuser from having or distributing intimate images of you, including requiring the abuser to take down and delete any such images.1

Whether or not a judge orders any or all of the above depends on the facts of your case.

1  R.C.W. § 7.105.310(1)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.2 A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)

Getting the order

Am I eligible to file for a stalking protection order?

You may be eligible for a stalking protection order if you are the victim of stalking or cyberstalking, as defined by law. Also, you can file on behalf of a minor child if you are the child’s:

  • parent;
  • legal guardian; or
  • custodian.1

If you are under the age of 18, see Can I file for a stalking protection order if I am a minor? 

You may also file on behalf of a “vulnerable adult” who is the victim of stalking if you are what the laws considers to be an “interested person.”1 A vulnerable adult is defined as someone who:

  • is 60 years old or older and is not functionally, physically, or mentally able to care for himself or herself;
  • is subject to a guardianship or conservatorship;
  • has a developmental disability;
  • was admitted into a facility;
  • is receiving services from a home health care aide or agency, a hospice, or an individual provider; or
  • is directing his/her own care and receiving services from a personal aide.2

An interested person is anyone who proves to the judge that:

  • s/he is interested in the welfare of the vulnerable adult;
  • s/he has a good faith belief that the court’s intervention is necessary; and
  • at the time the petition is filed, the vulnerable adult is unable to protect his or her own interests due to incapacity, undue influence, or duress.3

You may also file on behalf of any other adult if you can demonstrate that:

  1. You are interested in the adult’s well-being;
  2. The court’s intervention is necessary; and
  3. The adult cannot file the petition because of age, disability, health, or inaccessibility.1

1 R.C.W. § 7.105.100(1)(c)
2 R.C.W. §§ 74.34.020(21); 7.105.010(37)
3 R.C.W. §§ 74.34.020(11); 7.105.010(19)

Can I file for a stalking protection order if I am a minor?

If you are younger than 18 but at least 15 years old, you can file for a stalking protection order on your own, without permission from an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to and if you are capable of representing the other minor’s interests.1 An adult who is your parent, legal guardian, or custodian can also file on your behalf if you prefer. 2 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.3

The judge may appoint a guardian ad litem to represent you (at no cost) if you do not have a lawyer and if the judge thinks it is necessary.4

1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(1)(c)
3 R.C.W. § 7.105.100(3)
4 R.C.W. § 7.105.105(11)

What are the steps to get a stalking protection order?

The steps for getting a stalking protection order are similar to the steps for getting a domestic violence protection order. See Steps for getting a domestic violence protection order for more information. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a stalking protection order.

How much does it cost? Do I need a lawyer?

There is no filing fee for a stalking protection order, and you cannot be charged a fee for service or for certified copies of an order either.1

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer and/or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 R.C.W. § 7.105.105(9)(a)

After the hearing

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

What if the abuser violates the order?

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells him/her not to do.1 To file for civil contempt, go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both. In certain cases, such as where there have been prior violations of protection orders or if the abuser commits an assault and/or creates a substantial risk of death or serious physical injury when violating the order, it can be a class c felony, which is punishable by up to five years in prison, a fine of up to $10,000, or both.2

A violation that consists of entering a residence, workplace, school, day care, or other areas the judge has ordered the respondent to vacate or stay away from, subjects the respondent to a mandatory arrest.3

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult abuser committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

  1. It was a felony assault;
  2. The assault caused bodily injury to the victim; or
  3. A physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.4 

To read more information about what type of assault must have been committed, you can read the law on our Selected Washington Statutes page, section 10.31.100(2)(d).

1 R.C.W. § 7.105.450(3)
2 R.C.W. §§ 7.105.450(4), (5); 9A.20.021(1)(c),(2)
3 R.C.W. § 7.105.450(2)
4 R.C.W. § 10.31.100(2)(d)

Can I file a motion to change or terminate my stalking protection order?

To change (modify) your order, go back to the court where you got it and file a petition with the clerk. After holding a hearing, the judge can modify or end (terminate) a protection order if you or the abuser files a motion asking the judge to do so.1

The respondent must be personally served with your motion and notice of the hearing at least five days before the court date unless the judge has allowed the abuser to be served by publication or by mail.2 Then there will be a hearing where the judge will hear from both sides and will decide whether or not to give you what you requested.

1 R.C.W. § 7.105.500(1)
2 R.C.W. § 7.105.165(1)

Can the abuser file a motion to change or terminate my protection order?

If the abuser files a motion to modify or terminate a stalking protection order, s/he must include facts and circumstances explaining the request for changing or ending the order in what is called a “declaration.” You will then have the option to file a response, known as an “opposing declaration.”1 You must be personally served with the respondent’s motion and declaration at least five days before the hearing.2 The judge will read both declarations and decide if there is enough of a reason (adequate cause) to schedule a hearing. If the judge decides that there is adequate cause, the judge will hold a hearing during which both sides will present evidence and testimony.1  

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued, which makes it unlikely that the respondent would commit future acts of stalking against you or anyone else protected in the order.3 If the judge decides there is no adequate cause, the judge will dismiss the respondent’s motion and will deny his/her request.1

The respondent is not allowed to file this type of motion more than once every 12 months.4

It is important to know that for either a request to modify or terminate, you do not have to prove that you have a current, reasonable fear of immediate harm by the respondent to keep the order.3 For more information, see What factors will a judge consider when deciding whether or not to terminate my full protection order? 

1 R.C.W. § 7.105.500(2)
2 R.C.W. § 7.105.165(1)
3 R.C.W. § 7.105.500(3)
4 R.C.W. § 7.105.500(7)

 Check link

What factors will a judge consider when deciding whether or not to terminate my full protection order?

The judge will consider the following factors when considering if there has been a substantial change in circumstances that would make it unlikely that the respondent would commit future acts of stalking:

  1. whether or not the abuser has done any of the following:
    • committed or threatened domestic violence, sexual assault, stalking, or other harmful acts since the protection order was entered;
    • violated the protection order , and the time that has passed since the order was entered;
    • expressed a desire to commit suicide or has attempted suicide since the protection order was entered;
    • been convicted of a crime since the protection order was entered;
    • either accepted responsibility for the acts of stalking that are the basis for the protection order, or successfully completed perpetrator treatment or counseling since the protection order was entered;
    • is abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
  2. whether or not you agree with the abuser’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
  3. other factors relating to a substantial change in circumstances.1

Note: The judge cannot make his/her decision based only on the fact that time has passed without a violation of the order.2 Also, even if the abuser proves that there has been a substantial change in circumstances, the judge can still deny the request to terminate the order if the stalking that caused you to get the protection order was so severe that the judge believes that the order should not be terminated.3

1 R.C.W. § 7.105.500(4)
2 R.C.W. § 7.105.500(5)
3 R.C.W. § 7.105.500(6)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.1 The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not commit acts of stalking against you, your children, or your family or household members once the order expires.2The judge cannot deny a motion to extend/renew your order for any of the following reasons:

  1. The abuser has not violated your protection order;
  2. You or the abuser are a minor;
  3. You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
  4. A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
  5. The request you are making to the court could be granted in a different court action;
  6. The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
  7. The abuser no longer lives near you.3

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.1 A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.4

The judge cannot change the terms of your renewed protection order unless you request the change.5

1 R.C.W. § 7.105.405(1)
2 R.C.W. § 7.105.405(4)(a)
3 R.C.W. § 7.105.405(6)
4 R.C.W. § 7.105.405(8)
5 R.C.W. § 7.105.405(7)

What happens if I move?

Your protection order is valid throughout the state of Washington. When you first get the order from court, a copy of your order is forwarded by the clerk of the court to the appropriate law enforcement agency that is specified in the order. Then, this law enforcement agency will enter your order into a computer database that other law enforcement agencies in the state have access to. Once it is in the database, this is considered giving notice to all law enforcement agencies that the order exists, and therefore it is enforceable in any county you move to within Washington.1

If you move to another part of the state, it may be a good idea to call the clerk at the courthouse where you got your order to change your address. However, if your address is confidential, be sure to ask the clerk what steps you need to take to make sure that the address is listed as confidential in the court records.

Additionally, federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.2 However, different states have different rules for enforcing out-of-state protection orders.  If you are moving to another state, you can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, a lawyer in your state, or the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2).

Please see our Moving to Another State with Your Domestic Violence Protection Order section for more information.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 R.C.W. § 7.105.325
2 18 U.S.C. § 2265(a)

Civil Anti-Harassment Orders

Basic information

What is the legal definition of harassment in Washington?

The law defines “unlawful harassment” as:

  1. a series of intentional acts by the abuser over a period of time that seriously alarms, annoys, harasses, or harms you without “serving a legitimate or lawful purpose,” and these acts must reasonably cause you to suffer substantial emotional distress; or
  2. a single act of violence or a threat of violence directed at you that seriously alarms, annoys, harasses, or harms you without serving a legitimate or lawful purpose, and this single act must reasonably cause you to suffer substantial emotional distress.1

For a “single act” to qualify as harassment, it must include a malicious and intentional threat or the presence of a firearm or other weapon.2

As explained above, for the acts to be unlawful harassment, they cannot be considered to “serve a legitimate or lawful purpose.” To decide if the actions are for a legitimate or lawful purpose, the court will consider whether:

  • the abuser started the current contact between you two or whether you both contacted each other;
  • the abuser has been given clear notice that all future contact with you is unwanted;
  • the acts appear designed to alarm, annoy, or harass you;
  • the abuser is acting to try to protect a legal interest in his/her property or liberty, to enforce a law, or to meet a legal obligation;
  • the abuser’s acts unreasonably interfere with your privacy or create an intimidating, unfriendly (hostile), or offensive living environment for you; and
  • there was a court order in the past that limited the abuser’s contact with you or your family.3

1 R.C.W. §§ 7.105.010(6)(a); 7.105.010(36)
2 R.C.W. § 7.105.010(36)
3 R.C.W. § 7.105.010(6)(b)

What kinds of anti-harassment orders are there? How long do they last?

There are two types of civil anti-harassment orders in Washington:

Temporary protection order
A temporary protection order is meant to protect you until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the abuser being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide about the full protection order.1

In addition to requesting an ex parte temporary protection order, you can ask for an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.2 A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3

Ex parte temporary orders last for a fixed period of up to 14 days.2 If the hearing date is extended and a temporary protection order is re-issued, the new date must not be more than 14 days later. Any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.6 If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.5 Your ex parte temporary order should clearly state the expiration date.7Note: If you have received two ex parte temporary anti-harassment protection orders in the past against the same abuser, but you failed to get a full civil anti-harassment protection order, you cannot get a third ex parte temporary anti-harassment protection order unless you can prove that there was a good reason why you didn’t get the full order the first two times.8 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 protection order against an abuser, we strongly suggest you speak with a lawyer.

Full civil anti-harassment protection order
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story, present evidence, witnesses, etc. , or it can be entered by agreement of the parties without the need for a hearing.9 The hearing can be held in person or remotely.10

Generally, the full anti-harassment protection order can be for a fixed period of time or permanent.11 If it only lasts for a fixed period, you can ask to have it renewed.12

Note: If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year (but you can apply to renew that part of the order at the end of the one-year period).13 To get more information about renewing your order, please see How can I modify (change) or extend my civil anti-harassment order?

 For information on other types of orders available in Washington, see What other types of orders may help me?

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.105(12)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.305(2)
8 R.C.W. § 7.105.305(6)
9 R.C.W. § 7.105.010(17)
10 R.C.W. §§ 7.105.205(1)
11 R.C.W. § 7.105.315(1)
12 R.C.W. § 7.105.405(1)
13 R.C.W. § 7.105.315(2)(a)

What protections can I get in a civil anti-harassment order?

The judge in a protection order case has broad powers to issues order that are appropriate to your situation, including:

  • ordering the abuser not to do the following against you or anyone else protected by the order: 
  • ordering the abuser not to contact you or your children or your family members or members of your household;
  • ordering the abuser to stay away from your home, even if you share it with the abuser), as well as your work, school, or from the school or day care of your child;
  • prohibiting the abuser from coming within a certain distance from a specific location;
  • making a temporary order about the living arrangement of your children, which can suspend visitation under a parenting plan if appropriate;
  • ordering the abuser to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • ordering the abuser to get a mental health or chemical dependency evaluation;
  • ordering the abuser not to attend the same school as you or your child, if the order is to protects your child;
  • requiring the abuser to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • ordering the abuser not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • ordering the abuser to submit to electronic monitoring, unless the abuser is a minor;
  • requiring the abuser to surrender his/her firearms and prohibiting the abuser from having access to any other firearms, if certain conditions are met (Note: You can read about the conditions that must be met for the judge to order the firearm removed on our WA Statutes page in section (1) of RCW 9.41.800);
  • making an order regarding possession of your essential personal property, including a pet owned by you, your child, or the abuser;
  • making an order regarding the use of a vehicle;
  • restricting the abuser from engaging in abusive litigation, making harassing or libelous communications to third parties, or making false reports to investigative agencies;
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief; or
  • prohibiting the abuser from having or distributing intimate images of you, including requiring the abuser to take down and delete any such images.1

The judge can only order the following protections in a full anti-harassment protection order, not in a temporary one:

  • ordering the abuser to stay away from the home that you share with the abuser;
  • making a temporary order about the living arrangements of your children, which can suspend visitation under a parenting plan if appropriate; and
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief.2 

Whether or not a judge orders any or all of the above depends on the facts of your case.

Note: The judge cannot require that you, as the petitioner, get any services, including drug testing, victim support services, mental health assessments, or a psychological evaluation.3

1 R.C.W. § 7.105.310(1)
2 R.C.W. § 7.105.310(2)
3 R.C.W. § 7.105.310(4)(a)

Who is eligible

Am I eligible to file for an anti-harassment protection order?

You do not have to have any specific type of relationship with the abuser to file for a civil anti-harassment order as long as s/he has committed the type of harassment described in What is the legal definition of harassment?1 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.

If you are being harassed by an intimate partner or family/household member, you may also qualify for a domestic violence protection order. If you are dealing with stalking or sexual assault, you may also qualify for a stalking protection order or a sexual assault protection order. However, the judge cannot deny your anti-harassment protection order based upon whether you would qualify for another type of order.2

Also, you can file on behalf of a minor child if you are the child’s:

  • parent;
  • legal guardian; or
  • custodian1

If you are under the age of 18, see Can I file for a civil anti-harassment order if I am a minor?

You may also file on behalf of a “vulnerable adult” who is the victim of unlawful harassment if you are what the law considers to be an “interested person.”3 A vulnerable adult is defined as someone who:

  • is 60 years old or older and is not functionally, physically, or mentally able to care for himself or herself;
  • is subject to a guardianship or conservatorship;
  • has a developmental disability;
  • was admitted into a facility;
  • is receiving services from a home health care aide or agency, a hospice, or an individual provider; or
  • is directing his/her own care and receiving services from a personal aide.4

An interested person is anyone who proves to the judge that:

  • s/he is interested in the welfare of the vulnerable adult;
  • s/he has a good faith belief that the court’s intervention is necessary; and
  • at the time the petition is filed, the vulnerable adult is unable to protect his or her own interests due to incapacity, undue influence, or duress.5

You may also file on behalf of any other adult if you can demonstrate that:

  1. you are interested in the adult’s well-being;
  2. the court’s intervention is necessary; and
  3. the adult cannot file the petition because of age, disability, health, or inaccessibility.3 

If you are going to apply for an anti-harassment protection order, remember to be specific about how the abuser has harassed you and about the effect it had on you.  According to the law, unlawful harassment must have caused you substantial emotional distress whether it was a single act or a series of acts.6

1 See R.C.W. § 7.105.100(1)(f)
2 R.C.W. § 7.105.100(5)
3 R.C.W. § 7.105.100(1)(f)
4 R.C.W. §§ 74.34.020(21); 7.105.010(37)
5 R.C.W. §§ 74.34.020(11); 7.105.010(19) 
6 R.C.W. §§ 7.105.010(6)(a); 7.105.010(36)

Can I file for a civil anti-harassment order if I am a minor?

If you are younger than 18 but at least 15 years old, you can file for a civil anti-harassment protection order on your own, without permission from an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to, and if you are capable of representing the other minor’s interests.1 An adult who is your parent, legal guardian, or custodian can also file on your behalf if you prefer.2 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.3

The judge may appoint a guardian ad litem to represent you (at no cost) if you do not have a lawyer and if the judge thinks it is necessary.4

1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(1)(f)
3 R.C.W. § 7.105.100(3)
4 R.C.W. § 7.105.105(11)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)

Getting the order

How much will it cost to file for a civil anti-harassment order?

As of 2023, there could be a filing fee of $53 and a service fee when filing a petition for a civil anti-harassment order, depending on who you are filing against.1 You cannot be charged a fee for filing or serving the order  if you are seeking an order against an abuser who:

  • has stalked you;
  • committed a sex offense against you;
  • committed a hate crime against you; or
  • is a family or household member and committed domestic violence against you.2 

If any of these things have happened to you, you may also be eligible for another type of protection order, but you cannot be denied an anti-harassment order simply because you do qualify for another kind.

If you cannot afford the filing and service fees, you may file an application to  ask the judge to waive the fee. If the judge decides you cannot pay, will not have to pay the filing fee or other related court costs.4 However, you may still have to pay the cost of having the abuser served with the court papers for a civil anti-harassment order.

Note: The judge may require the abuser to pay the filing fee and court costs, including service fees, and to reimburse you for your costs in the case, including reasonable attorney’s fees.5

1 R.C.W. § 36.18.020(2)(d); 7.105.105(9)(b)
2 R.C.W. § 7.105.105(9)(b)(i)
3 R.C.W. § 7.105.100(5)
4 R.C.W. §  7.105.105(9)(b)(ii)
5 R.C.W. § 7.105.310(1)(j)

Do I need a lawyer to file for a civil anti-harassment order?

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

Note: The judge may order the abuser to reimburse you for the costs of filing the civil anti-harassment order, including reasonable attorney’s fees.1

1 R.C.W. § 7.105.310(1)(j)

In which county can I file for a civil anti-harassment protection order?

The law says that you “should” file your petition in the county where you live. However, the law also says you “may” file in:

  • the county where the act happened that is causing you to file for a protection order;
  • the county where a child to be protected by the order primarily lives;
  • the county where you lived before you relocated, assuming you relocated due to the abuser’s actions; or
  • the court closest to your current home or your prior home if you left that home due to the abuser’s actions.1

1 R.C.W. § 7.105.075

What are the steps to get a civil anti-harassment protection order?

The steps for getting a stalking protection order are similar to the steps for getting a domestic violence protection order. See Steps for getting a domestic violence protection order for more information. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a stalking protection order.

After the hearing

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

What if the abuser violates the order?

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells him/her not to do.1 To file for civil contempt, go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both.2 

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

  1. It was a felony assault;
  2. The assault caused bodily injury to the victim; or
  3. A physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.3 

To read more information about what type of assault must have been committed, you can read the law on our Selected Washintgon Statutes page, section 10.31.100(2)(d).

1 R.C.W. § 7.105.455(3)
2 R.C.W. §§ 7.105.455(2); 9A.20.021(2)
3 R.C.W. § 10.31.100(2)(d)

Can I file a motion to change or terminate my domestic violence protection order?

To change (modify) your order, go back to the court where you got it and file a petition with the clerk. After holding a hearing, the judge can modify or end (terminate) a protection order if you or the abuser files a motion asking the judge to do so.1

The respondent must be personally served with your motion and notice of the hearing at least five days before the court date unless the judge has allowed the abuser to be served by publication or by mail.2 Then there will be a hearing where the judge will hear from both sides and will decide whether or not to give you what you requested.

1 R.C.W. § 7.105.500(1)
2 R.C.W. § 7.105.165(1)

Can the abuser file a motion to change or terminate my protection order?

If the abuser files a motion to modify or terminate a civil anti-harassment protection  order, s/he must include facts and circumstances explaining the request for changing or ending the order in what is called a “declaration.” You will then have the option to file a response, known as an “opposing declaration.”1 You must be personally served with the respondent’s motion and declaration at least five days before the hearing.2 The judge will read both declarations and decide if there is enough of a reason (adequate cause) to schedule a hearing. If the judge decides that there is adequate cause, the judge will hold a hearing during which both sides will present evidence and testimony.1

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued, which makes it unlikely that the respondent would commit future acts of unlawful harassment against you or anyone else protected in the order.3 If the judge decides there is no adequate cause, the judge will dismiss the respondent’s motion and will deny his/her request.1 The respondent is not allowed to file this type of motion more than once every 12 months.4

It is important to know that for either a request to modify or terminate, you do not have to prove that you have a current, reasonable fear of immediate harm by the respondent to keep the order.3 For more information, see What factors will a judge consider when deciding whether or not to terminate my full protection order? 

1 R.C.W. § 7.105.500(2)
2 R.C.W. § 7.105.165(1)
3 R.C.W. § 7.105.500(3)
4 R.C.W. § 7.105.500(7)

What factors will a judge consider when deciding whether or not to terminate my full protection order?

The judge will consider the following factors when considering if there has been a substantial change in circumstances that would make it unlikely that the respondent would commit future acts of harassment:

  1. whether or not the abuser has done any of the following:
    • committed or threatened domestic violence, sexual assault, stalking, or other harmful acts since the protection order was entered;
    • violated the protection order , and the time that has passed since the order was entered;
    • expressed a desire to commit suicide or has attempted suicide since the protection order was entered;
    • been convicted of a crime since the protection order was entered;
    • either accepted responsibility for the acts that are the basis for the protection order, or successfully completed perpetrator treatment or counseling since the protection order was entered;
    • is abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
  2. whether or not you agree with the abuser’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
  3. other factors relating to a substantial change in circumstances.1

Note: The judge cannot make his/her decision based only on the fact that time has passed without a violation of the order.2 Also, even if the abuser proves that there has been a substantial change in circumstances, the judge can still deny the request to terminate the order if the unlawful harassment that caused you to get the protection order was so severe that the judge believes that the order should not be terminated.3

1 R.C.W. § 7.105.500(4)
2 R.C.W. § 7.105.500(5)
3 R.C.W. § 7.105.500(6)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.1 The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not commit acts of unlawful harassment against you, your children, or your family or household members once the order expires.2

The judge cannot deny a motion to extend/renew your order for any of the following reasons:

  1. The abuser has not violated your protection order;
  2. You or the abuser are a minor;
  3. You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
  4. A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
  5. The request you are making to the court could be granted in a different court action;
  6. The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
  7. The abuser no longer lives near you.3

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.1 A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.4

The judge cannot change the terms of your renewed protection order unless you request the change.5

1 R.C.W. § 7.105.405(1)
2 R.C.W. § 7.105.405(4)(a)
3 R.C.W. § 7.105.405(6)
4 R.C.W. § 7.105.405(8)
5 R.C.W. § 7.105.405(7)

What happens if I move?

Your protection order is valid throughout the state of Washington. When you first get the order from court, a copy of your order is forwarded by the clerk of the court to the appropriate law enforcement agency that is specified in the order. Then, this law enforcement agency will enter your order into a computer database that other law enforcement agencies in the state have access to. Once it is in the database, this is considered giving notice to all law enforcement agencies that the order exists, and therefore it is enforceable in any county you move to within Washington.1

If you move to another part of the state, it may be a good idea to call the clerk at the courthouse where you got your order to change your address. However, if your address is confidential, be sure to ask the clerk what steps you need to take to make sure that the address is listed as confidential in the court records.

Additionally, federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.2 However, different states have different rules for enforcing out-of-state protection orders.  If you are moving to another state, you can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, a lawyer in your state, or the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2).

Please see our Moving to Another State with Your Domestic Violence Protection Order section for more information.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 R.C.W. § 7.105.325
2 18 U.S.C. § 2265(a)

Sexual Assault Protection Orders

Basic information

What is the legal definition of sexual assault in Washington?

For the purposes of getting a sexual assault protection order, the abuser must have committed one of two crimes against you: “nonconsensual sexual conduct” or “nonconsensual sexual penetration.”1

Nonconsensual” means that you did not freely agree to the sexual conduct or penetration.2 If you “agreed” to the sexual contact because you were being threatened with physical harm, for example, that would not be considered that you “freely agreed” to the contact.

Sexual conduct is when the offender:

  • touches or fondles your genitals, anus, or breasts, including through clothing;
  • displays his/her genitals, anus, or breasts for the purposes of arousal or sexual gratification;
  • forces you to touch his/her genitals, anus, or breasts;
  • forces you to touch another person’s genitals, anus, or breasts;
  • forces you to display your genitals, anus, or breasts for the purpose of sexual gratification;
  • touches the body, clothed or unclothed, of a child under the age of 16 for the purposes of sexual gratification or arousal; or
  • forces a child under the age of 16 to touch or fondle, including through clothing, his/her genitals, anus, or breasts.3

Sexual penetration is:

  • any contact between the sex organ or anus of one person by
    • an object; or
    • the sex organ, mouth, or anus of another person; or
  • any intrusion into the sex organ or anus of one person by
    • any part of the body of another person;
    • any animal; or
    • any object.4

Note: There does not have to be semen found to prove sexual penetration.4

1 R.C.W. § 7.105.225(1)(b)
2 R.C.W. § 7.105.010(26)
3 R.C.W. § 7.105.010(32)
4 R.C.W. § 7.105.010(33)

What types of sexual assault protection orders are available? How long do they last?

There are two types of sexual assault protection orders in Washington:

Temporary protection order
A temporary protection order is meant to protect you until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the abuser being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide about the full protection order.1

In addition to requesting an ex parte temporary protection order, you can ask for an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.2 A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3

Ex parte temporary orders last for a fixed period of up to 14 days.2 If the hearing date is extended and a temporary protection order is re-issued, the new date must not be more than 14 days later. Any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.6 If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.5 Your ex parte temporary order should clearly state the expiration date.7

Full protection order
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story, present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.8 The hearing can be held in person or remotely.9

Generally, the full sexual assault protection order can be for a fixed period of time or permanent. Unless you ask for a shorter amount of time, the order will last for at least one year.10 If it only lasts for a fixed period, you can ask to have it renewed.11

Note:If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year, but you can apply to renew that part of the order at the end of the one-year period.12 To get more information about renewing your order, please see How do I extend my protection order?

For information on other types of orders available in Washington, see What other types of orders may help me?

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.105(12)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.305(2)
8 R.C.W. § 7.105.010(17)
9 R.C.W. § 7.105.205(1)
10 R.C.W. § 7.105.315(1)
11 R.C.W. § 7.105.405(1)
12 R.C.W. § 7.105.315(2)(a)

 

In which county can I file for a domestic violence protection order?

The law says that you “should” file your petition in the county where you live. However, the law also says you “may” file in:

  • the county where the act happened that is causing you to file for a protection order;
  • the county where a child to be protected by the order primarily lives;
  • the county where you lived before you relocated, assuming you relocated due to the abuser’s actions; or
  • the court closest to your current home or your prior home if you left that home due to the abuser’s actions.1

1 R.C.W. § 7.105.075

What protections can I get in a sexual assault protection order?

The judge in a protection order case has broad powers to issues order that are appropriate to your situation, including:

  • ordering the abuser not to do the following against you or anyone else protected by the order:
  • ordering the abuser not to contact you or your children, your family members, or members of your household;
  • ordering the abuser to stay away from your home, even if you share it with the abuser, as well as your work, school, or from the school or day care of your child;
  • prohibiting the abuser from coming within a certain distance from a specific location;
  • making a temporary order about the living arrangement of your children, which can suspend visitation under a parenting plan if appropriate;
  • ordering the abuser to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • ordering the abuser to get a mental health or chemical dependency evaluation;
  • ordering the abuser not to attend the same school as you or your child, if the order protects your child;
  • requiring the abuser to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • ordering the abuser not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • ordering the abuser to submit to electronic monitoring, unless the abuser is a minor;
  • requiring the abuser to surrender his/her firearms and prohibiting the abuser from having access to any other firearms if certain conditions are met (Note: You can read about the conditions that must be met for the judge to order the firearm removed on our Selected Washington Statutes page in section (1) of RCW 9.41.800);
  • making an order regarding possession of your essential personal property, including a pet owned by you, your child, or the abuser;
  • making an order regarding the use of a vehicle;
  • restricting the abuser from engaging in abusive litigation, making harassing or libelous communications to third parties, or making false reports to investigative agencies;
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief; or
  • prohibiting the abuser from having or distributing intimate images of you, including requiring the abuser to take down and delete any such images.1

Whether or not a judge orders any or all of the above depends on the facts of your case.

Note: The judge cannot require that you, as the petitioner, get any services, including drug testing, victim support services, mental health assessments, or a psychological evaluation.2

1 R.C.W. § 7.105.310(1)
2 R.C.W. § 7.105.310(4)(a)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)

Getting a sexual assault protection order

Am I eligible to file for an sexual assault protection order?

To get a sexual assault protection order, you must show that you have been the victim of nonconsensual sexual conduct or penetration. The judge cannot require proof of physical injury or proof that you reported the sexual assault to law enforcement when considering whether to give you the order.1

If you were sexually assaulted by a current/former intimate partner or family/household member, then you may qualify for a domestic violence protection order. However, a judge cannot deny your sexual assault protection order based on whether you would also qualify for a different type of order.2

Note: If the judge believes that you were the victim of sexual assault, the judge cannot deny your petition for a sexual assault protection order even if any of the following are true:

  • you or the offender were voluntarily intoxicated by alcohol or drugs;
  • you engaged in some consensual sexual touching before the sexual assault;
  • you did not report the assault to law enforcement;
  • you or the offender are minors (under age 18); or
  • you do not have proof of a physical injury.1

These things should not matter to the judge when deciding whether or not to grant you a sexual assault protection order.

1 R.C.W. § 7.105.225(2)-(3)
2 R.C.W. § 7.105.100(5)

 Link here

Can I file for a sexual assault protection order if I am a minor?

If you are younger than 18 but at least 15 years old, you can file for a sexual assault protection order on your own, without an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to, and if you are capable of representing the other minor’s interests.1 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.2

The judge may appoint a guardian ad litem to represent you at no cost if you do not have a lawyer and if the judge thinks it is necessary.3

1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(3)
3 R.C.W. § 7.105.105(11)

How much does it cost? Do I need a lawyer?

There is no filing fee for a sexual assault protection order, and you cannot be charged a fee for service or for certified copies of an order either.1

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 R.C.W. § 7.105.105(9)(a)

Can a sexual assault advocate come to court with me?

You can have a sexual assault advocate or any support person come to court with you and talk to you in court. An advocate can also help you prepare the petition before you file it.1

1 R.C.W. § 7.105.250

What are the steps to get a sexual assault protection order?

The steps for getting a stalking protection order are similar to the steps for getting a domestic violence protection order. See Steps for getting a domestic violence protection order for more information. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a sexual assault protection order.

After the hearing

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

What if the abuser violates the order?

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells him/her not to do.1 To file for civil contempt, go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both. In certain cases, such as where there have been prior violations of protection orders or if the abuser commits an assault or creates a substantial risk of death or serious physical injury when violating the order, it can be a class c felony, which is punishable by up to five years in prison, a fine of up to $10,000, or both.2

  • A violation that consists of entering a residence, workplace, school, day care, or other areas the judge has ordered the respondent to vacate or stay away from, subjects the respondent to a mandatory arrest.3

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult abuser committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

  1. It was a felony assault;
  2. The assault caused bodily injury to the victim; or
  3. A physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.4 

To read more information about what type of assault must have been committed, you can read the law on our Selected Washington Statutes page, section 10.31.100(2)(d).

1 R.C.W. § 7.105.450(3)
2 R.C.W. §§ 7.105.450(4), (5); 9A.20.021(1)(c),(2)
3 R.C.W. § 7.105.450(2)
4 R.C.W. § 10.31.100(2)(d)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.1 The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not engage in or attempt to engage in physical or nonphysical contact with you once the order expires.2

The judge cannot deny a motion to extend/renew your order for any of the following reasons:

  1. The abuser has not violated your protection order;
  2. You or the abuser are a minor;
  3. You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
  4. A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
  5. The request you are making to the court could be granted in a different court action;
  6. The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
  7. The abuser no longer lives near you.3

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.1 A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.4

The judge cannot change the terms of your renewed protection order unless you request the change.5

1 R.C.W. § 7.105.405(1)
2 R.C.W. § 7.105.405(4)(a)
3 R.C.W. § 7.105.405(6)
4 R.C.W. § 7.105.405(8)
5 R.C.W. § 7.105.405(7)

What happens if I move?

Your protection order is valid throughout the state of Washington. When you first get the order from court, a copy of your order is forwarded by the clerk of the court to the appropriate law enforcement agency that is specified in the order. Then, this law enforcement agency will enter your order into a computer database that other law enforcement agencies in the state have access to. Once it is in the database, this is considered giving notice to all law enforcement agencies that the order exists, and therefore it is enforceable in any county you move to within Washington.1

If you move to another part of the state, it may be a good idea to call the clerk at the courthouse where you got your order to change your address. However, if your address is confidential, be sure to ask the clerk what steps you need to take to make sure that the address is listed as confidential in the court records.

Additionally, federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.2 However, different states have different rules for enforcing out-of-state protection orders.  If you are moving to another state, you can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, a lawyer in your state, or the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2).

Please see our Moving to Another State with Your Domestic Violence Protection Order section for more information.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 R.C.W. § 7.105.325
2 18 U.S.C. § 2265(a)

 

Where can I go for non-legal help and support?

You may want to reach out for support to deal with the trauma of being sexually assaulted. Go to our National Organizations - Rape/Sexual Assault page for places that you can call for help. We also link to Internet “chat rooms” for victims of sexual assault and incest where you can remain anonymous and still get support from others who have been through similar assaults on our Chats and Message Boards page.

You can also read more about Sexual Assault/RapeMarital/Partner Rape and Forced Prostitution on our site.

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Vulnerable Adult Protection Orders

Basic info and definitions

What is the legal definition of a vulnerable adult?

A vulnerable adult is defined by law as a person who:

  • is 60 years old or older and does not have the functional, mental, or physical ability to care for himself/herself;
  • has been found by a judge to be incapacitated section 11.130.265 or section 11.130.360 of Washington law;
  • has a developmental disability as defined by law;
  • was admitted to any facility;
  • is receiving services from home health, hospice, or home care agencies licensed or required to be licensed under Chapter 70.127 of Washington law;
  • is receiving services from an individual provider; or
  • self-directs his/her own care and receives services from a personal aide under Chapter 74.39 of Washington law.1

1 R.C.W. §§ 74.34.020(21); 7.105.010(37)

What do I have to prove to get a vulnerable adult protection order?

What are the legal definitions of abandonment, abuse, financial exploitation, and neglect?

Abandonment is an action, or failure to act, by a person who has a duty to care for the vulnerable adult that leaves the vulnerable adult without the means or ability to get needed food, clothing, shelter, or health care.1

Abuse is the intentional or reckless action, or failure to act, that causes injury, unreasonable confinement, intimidation, or punishment to a vulnerable adult. Abuse includes sexual abuse, mental abuse, physical abuse, personal exploitation, and improper use of restraint against the vulnerable adult, which are defined below.2

Financial exploitation is the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity for the profit or advantage of any person or entity other than the vulnerable adult. This includes:

  1. the use of deception, intimidation, or undue influence by someone in a position of trust with the vulnerable adult;
  2. when someone who has the legal responsibility to act in the best interest of the vulnerable adult (“fiduciary duty”) breaches that duty; for example, a person with power of attorney or guardianship over the vulnerable adult; or
  3. the use of the vulnerable adult’s property, income, resources, or trust funds by someone who knows the vulnerable adult lacks the ability to agree to that use.3

Improper use of restraint means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline in a way that:

  • is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized by law;
  • is not medically allowed; or
  • otherwise is considered abuse.4

Mental abuse means an intentional or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, isolates, unreasonably confines, or punishes a vulnerable adult. This can include withholding or tampering with prescribed medications.5

Neglect is when a person or entity with a duty to care for a vulnerable adult:

  • engages in a pattern of conduct or fails to act in a way that provides the goods or services that are needed to keep the vulnerable adult mentally and physically healthy or fails to avoid or prevent physical or mental harm or pain to the vulnerable adult; or
  • acts or fails to act in a way that shows a serious disregard of the outcome, causing a clear and present danger to the vulnerable adult’s health, welfare, or safety, including but not limited to conduct that is not allowed under the law.6

Personal exploitation is:

  • the act of forcing, compelling, or using undue influence over a vulnerable adult and causing him/her to act in a way that is different than related past behavior; or
  • forcing the vulnerable adult to perform services for the benefit of another.7

Physical abuse is the intentional or reckless causing of bodily injury or physical mistreatment of the vulnerable adult, which includes but is not limited to acts like hitting, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding.8

Sexual abuse is any form of non-consensual sexual activity, including but not limited to unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, and sexual harassment. If the vulnerable adult is in a facility or program, sexual abuse includes any sexual conduct between the vulnerable adult and a staff person, even if the vulnerable adult has “agreed” to it.9

1 R.C.W. §§ 74.34.020(1); 7.105.010(1)
2 R.C.W. §§ 74.34.020(2); 7.105.010(2)
3 R.C.W. §§ 74.34.020(7); 7.105.010(14)
4 R.C.W. §§ 74.34.020(2)(e); 7.105.010(2)(a)
5 R.C.W. §§ 74.34.020(2)(c); 7.105.010(2)(b)
6 R.C.W. §§ 74.34.020(15); 7.105.010(25)
7 R.C.W. §§ 74.34.020(2)(d); 7.105.010(2)(c)
8 R.C.W. §§ 74.34.020(2)(b); 7.105.010(2)(d)
9 R.C.W. §§ 74.34.020(2)(a); 7.105.010(2)(e)

What types of vulnerable adult protection orders are there? How long do they last?

There are two types of vulnerable adult protection orders in Washington:

Temporary protection order
A temporary protection order is meant to protect you until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the abuser being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide about the full protection order.1

In addition to requesting an ex parte temporary protection order, you can ask for an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.2 A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3

Ex parte temporary orders last for a fixed period of up to 14 days.2 If the hearing date is extended and a temporary protection order is re-issued, the new date must not be more than 14 days later. Any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.6 If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.5 Your ex parte temporary order should clearly state the expiration date.7

Full protection order
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story, present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.8 The hearing can be held in person or remotely.9

Generally, the full vulnerable adult protection order can be for a fixed period of time or permanent. Unless you ask for a shorter amount of time, the order will last for at least one year.10 If it only lasts for a fixed period, you can ask to have it renewed.11

Note: If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year, but you can apply to renew that part of the order at the end of the one-year period.12 To get more information about renewing your order, please see How do I extend my protection order?

For information on other types of orders available in Washington, see What other types of orders may help me?

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.105(12)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.305(2)
8 R.C.W. § 7.105.010(17)
9 R.C.W. § 7.105.205(1)
10 R.C.W. § 7.105.315(1)
11 R.C.W. § 7.105.405(1)
12 R.C.W. § 7.105.315(2)(a)

What protections can I get in a vulnerable adult protection order?

The judge in a protection order case has broad powers to issues order that are appropriate to your situation, including:

  • ordering the abuser not to do the following against you or anyone else protected by the order:
  • ordering the abuser not to contact you or your children, your family members, or members of your household;
  • ordering the abuser to stay away from your home, even if you share it with the abuser, as well as your work, school, or from the school or day care of your child;
  • prohibiting the abuser from coming within a certain distance from a specific location;
  • making a temporary order about the living arrangement of your children, which can suspend visitation under a parenting plan if appropriate;
  • ordering the abuser to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • ordering the abuser to get a mental health or chemical dependency evaluation;
  • ordering the abuser not to attend the same school as you or your child, if the order protects your child;
  • requiring the abuser to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • ordering the abuser not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • ordering the abuser to submit to electronic monitoring, unless the abuser is a minor;
  • requiring the abuser to surrender his/her firearms and prohibiting the abuser from having access to any other firearms if certain conditions are met (Note: You can read about the conditions that must be met for the judge to order the firearm removed on our Selected Washington Statutes page in section (1) of RCW 9.41.800);
  • making an order regarding possession of your essential personal property, including a pet owned by you, your child, or the abuser;
  • making an order regarding the use of a vehicle;
  • restricting the abuser from engaging in abusive litigation, making harassing or libelous communications to third parties, or making false reports to investigative agencies;
  • requiring an accounting by the abuser of the vulnerable adult’s income or other resources;
  • preventing the transfer of the abuser’s property or the vulnerable adult’s property for up to 90 days; 
  • prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief; or
  • prohibiting the abuser from having or distributing intimate images of you, including requiring the abuser to take down and delete any such images.1

Whether or not a judge orders any or all of the above depends on the facts of your case.

Note: The judge cannot require that you, as the petitioner, get any services, including drug testing, victim support services, mental health assessments, or a psychological evaluation.2

1 R.C.W. § 7.105.310(1)
2 R.C.W. § 7.105.310(4)(a)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)

Getting the order

Who can file for a vulnerable adult protection order?

You can file the petition yourself if you are a vulnerable adult. An “interested person” can also file on behalf of a vulnerable adult. 1 If an interested person is filing a petition, s/he must include a statement explaining why s/he qualifies as an interested person. See What is the legal definition of an interested person? for more information.2

The Department of Social and Health Services may also file for an order on behalf of a vulnerable adult.3

1 R.C.W. § 74.34.110(1)
2 R.C.W. § 7.105.100(4)
3 R.C.W. § 7.105.110(1)

What is the legal definition of an interested person?

You can file on behalf of a vulnerable adult if you are “an interested person.” An interested person is a person who shows the judge that:

  • s/he is interested in the welfare of the vulnerable adult;
  • s/he has a good faith belief that the court’s intervention is necessary; and
  • the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his/her own interests.1

1 R.C.W. §§ 74.34.020(11); 7.105.010(19)

What are the steps to get a vulnerable adult protection order?

You would file for a vulnerable adult protection order in superior court.1 The steps for getting a vulnerable adult protection order are similar to the steps for getting a domestic violence protection order. See Steps for getting a domestic violence protection order for more information. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a vulnerable adult protection order.

If you are filing for a vulnerable adult protection order as an interested person (rather than as the vulnerable adult), notice of the petition and hearing must also be personally served on the vulnerable adult, including a standard notice that the court should give you that explains the purpose of the petition in clear and plain language.2

1 R.C.W. § 7.105.065

How much does it cost? Do I need a lawyer?

There is no filing fee for a vulnerable adult protection order, and you cannot be charged a fee for service or for certified copies of an order either.1

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 R.C.W. § 7.105.105(9)(a)

After the hearing

What should I do when I leave the courthouse?

However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

What if the abuser violates the order?

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells him/her not to do.1 To file for civil contempt, go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both. In certain cases, such as where there have been prior violations of protection orders or if the abuser commits an assault or creates a substantial risk of death or serious physical injury when violating the order, it can be a class c felony, which is punishable by up to five years in prison, a fine of up to $10,000, or both.2

A violation that consists of entering a residence, workplace, school, day care, or other areas the judge has ordered the respondent to vacate or stay away from, subjects the respondent to a mandatory arrest.3

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult abuser committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

  1. It was a felony assault;
  2. The assault caused bodily injury to the victim; or
  3. A physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.4 

To read more information about what type of assault must have been committed, you can read the law on our Selected Washington Statutes page, section 10.31.100(2)(d).

1 R.C.W. § 7.105.450(3)
2 R.C.W. §§ 7.105.450(4), (5); 9A.20.021(1)(c),(2)
3 R.C.W. § 7.105.450(2)
4 R.C.W. § 10.31.100(2)(d)

Can I file a motion to change or terminate my vulnerable adult protection order?

A vulnerable adult who is not subject to a guardian, conservatorship, or a protective arrangement under the law may file to change (modify) or end (terminate) a full vulnerable adult protection order at any time after it is entered. If the vulnerable adult does have a guardian, conservatorship, or protective arrangement, then that person can file a petition to change or end the protection order. The vulnerable adult may also be able to file, depending on the terms of the guardianship, etc.1

When modifying the order, the judge can include any of the protections that could have been included in the initial hearing to grant the order.2

1 R.C.W. § 7.105.510(1)
2 R.C.W. § 7.105.510(2)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.1 The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not resume acts of abandonment, abuse, financial exploitation, or neglect against the vulnerable adult once the order expires.2 The judge cannot deny a motion to extend/renew your order for any of the following reasons:

  1. The abuser has not violated your protection order;
  2. You or the abuser are a minor;
  3. You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
  4. A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
  5. The request you are making to the court could be granted in a different court action;
  6. The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
  7. The abuser no longer lives near you.3

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.1 A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.4

The judge cannot change the terms of your renewed protection order unless you request the change.5

1 R.C.W. § 7.105.405(1)
2 R.C.W. § 7.105.405(4)(a)
3 R.C.W. § 7.105.405(6)
4 R.C.W. § 7.105.405(8)
5 R.C.W. § 7.105.405(7)

Extreme Risk Protection Orders

Basic info

What is an extreme risk protection order?

An extreme risk protection order is a civil court order prohibiting an individual (the respondent) from controlling, purchasing, possessing, accessing, or receiving firearms, or attempting to do so. Extreme risk protection orders are used to prevent the respondent from using a firearm to harm him/herself or others.1

1 R.C.W. § 7.105.100(1)(e)

What types of extreme risk protection orders are there? How long do they last?

There are two types of extreme risk protection orders in Washington:

Temporary protection order
A temporary protection order lasts until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the respondent being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide about the full protection order.1

A judge will grant an temporary extreme risk protection order only if  there is “reasonable cause” to believe that the respondent poses a significant danger of injury to him/herself or others in the near future as a result of having access to firearms.2 If the judge does not issue the temporary order, the judge must state the particular reasons why.3

Ex parte temporary orders last for a fixed period of up to 14 days and will expire at the hearing for the full order unless it is reissued.4 If the hearing date is extended and a temporary protection order is re-issued, the new date must not be more than 14 days later.5 Any temporary order to surrender and prohibit weapons that the judge gave will be re-issued as well.6 If the court permits service of the respondent by publication or mail, the order will last for a fixed period up to 30 days.5 A temporary order must include the following:

  1. the date and time the order was issued;
  2. the date and time the order will expire;
  3. a statement of the reasons why the order was issued;
  4. where the respondent can file a response to the petition; and
  5. a description of the requirements for the respondent to surrender any firearms.7 

Full protection order
A full protection order can be issued only after the respondent is notified and there is a court hearing in which both parties have a chance to tell their sides of the story and present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.8 The hearing can be held in person or remotely.9

Generally, the full extreme risk protection order will last for at least one year.10 One hundred and five days before the order is set to expire, the court must notify the petitioner of the upcoming expiration date.11 To get more information about renewing an order, please see Can an extreme risk protection order be renewed? 

1 R.C.W. § 7.105.010(35)
2 R.C.W. § 7.105.330(2)
3 R.C.W. § 7.105.330(6)
4 R.C.W. § 7.105.100(8)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.330(3)
8 R.C.W. § 7.105.010(17)
9 R.C.W. § 7.105.205(1)
10 R.C.W. § 7.105.330(3)(g)
11 R.C.W. § 7.105.410(1)

What protections can an extreme risk protection order include?

An extreme risk protection order of any type will order the respondent not to have firearms in his/her custody or control and not to purchase, possess, receive, or attempt to purchase or receive a firearm while the order is in effect. The order will also require the respondent to surrender any firearms s/he currently has in his/her custody.1 In an extreme risk protection order that is not an ex parte temporary order, the judge will also order that the respondent’s concealed pistol license be revoked, if s/he has one.2

1 R.C.W. § 7.105.340(1)(a)
2 R.C.W. § 7.105.340(1)(b)

Getting the order

Who can file for an extreme risk protection order?

To file for an extreme risk protection order, you must be:

  1. the respondent’s intimate partner, which includes:
    • current or former spouses or domestic partners;
    • parents to the same child regardless of whether you were married to the respondent or lived with the respondent at any time, unless the child was conceived through sexual assault; or
    • dating partners as long as both of you are at least 13 years old;1
  2. family or household member, which includes people who are:
    • related by blood, marriage, domestic partnership, or adoption;
    • living together, or have lived together;
    • in a biological or legal parent-child relationship, including step-parents and step-children and grandparents and grandchildren, or a parent’s intimate partner and children; or
    • in a legal guardian relationship – in other words, where you are or were the respondent’s legal guardian;2 or
  3. a law enforcement officer or agency.3 

If a law enforcement agency files a petition for an extreme risk protection order against a respondent who is your intimate partner or family or household member, the agency is required to try to notify you and any other third party known to be at risk for violence.4 

1 R.C.W. § 7.105.010(20)
2 R.C.W. § 7.105.010(13)
3 R.C.W. § 7.105.100(1)(e)
4 R.C.W. § 7.105.110(2)(a)

In which court is an extreme risk protection order filed?

The petitioner would usually file for an extreme risk protection order in superior court. A temporary order can be requested in district court but then the case will be transferred to superior court for the full hearing. The juvenile court can hear an extreme risk protection order proceeding if the respondent is under 18 years old.1 

The steps to get an extreme risk protection order are similar to the steps to get a domestic violence protection order, but with different forms. When filing for an extreme risk protection order, the petition must include:

  • the specific statements, actions, or facts that cause the petitioner to fear future dangerous acts by the respondent; and
  • the number, types, and locations of any firearms the petitioner believes to be in the respondent’s current ownership, possession, custody, or control or that the respondent has access to.2

1 R.C.W. § 7.105.070
2 R.C.W. § 7.105.100(1)(e)

How will a judge make a decision about whether or not to grant the order?

In deciding whether to grant an extreme risk protection order, a judge will consider multiple factors, including evidence of whether the respondent:

  • engaged in a recent act or threat of violence against him/herself or others even if it doesn’t involve a firearm;
  • has a pattern of violent acts or a pattern of threatening acts of violence within the past twelve months;
  • shows behavior that presents an immediate (imminent) threat of harm to him/herself or others;
  • violated a domestic violence protection order, sexual assault protection order, stalking protection order, civil harassment order, harassment no-contact order, domestic violence no-contact order issued in Washington or in another state;
  • has a previous or existing extreme risk protection order issued against him/her;
  • violated a previous or existing extreme risk protection order issued against him/her;
  • was convicted of a domestic violence crime or a hate crime;
  • owns, has access to, or has the intent to possess firearms;
  • unlawfully or recklessly used, displayed, or brandished a firearm;
  • has a history of use, attempted use, or threatened use of physical force against another person or a history of stalking;
  • was previously arrested for a felony offense or violent crime;
  • abused drugs (controlled substances) or alcohol; and
  • recently bought, borrowed, stole, or otherwise obtained a firearm.1

Additionally, during the extreme risk protection order hearing, the judge must consider whether ordering a behavioral health evaluation is appropriate.2

1 R.C.W. § 7.105.215(3)
2 R.C.W. § 7.105.215(2)

Can an extreme risk protection order be renewed?

The court is required to notify the petitioner 105 calendar days before an order expires. The petitioner can file a motion to renew the order at any time during the 90 days before the order’s expiration date. The judge will schedule a hearing within 14 days. The respondent must be served with notice of the motion and have the opportunity to appear in court at the hearing to object to the renewal. The judge will consider evidence from both the petitioner and the respondent to decide whether to renew the order. If the judge finds that the requirements for issuing an extreme risk protection order continue to be met, the judge will renew the order. The renewed order will last for one year. An extreme risk protection order can be renewed multiple times.1

1 R.C.W. § 7.105.410

What happens if the respondent violates the order?

It is a gross misdemeanor for the respondent to violate an extreme risk protection order by having a firearm or attempting to get one. In addition to possible jail time or other punishment issued by the judge, s/he would be prohibited from having a firearm for five more years after the order expires. If the respondent violates the order three or more times, it would be considered a class C felony.1

1 R.C.W. § 7.105.460

Can the respondent terminate the order?

The respondent can file a written request to end (terminate) the extreme risk protection order once every 12 months. The date for a termination hearing will be scheduled between 14 and 30 days after the petitioner has been served with the respondent’s request. In order to succeed, the respondent must show that s/he no longer poses any danger to him/herself or anyone else as a result of having a firearm.1

If an extreme risk protection order is terminated by the court, or if it expires without being renewed, law enforcement will return any surrendered firearms to the respondent only after doing a background check to confirm that the respondent is eligible to own or possess firearms under both state and federal law.2 As an intimate partner or family or household member of the respondent, you can ask the law enforcement agency to give you notice prior to the return of any firearms.3 This notification can be done by telephone, email, text message, or another method that allows notification without unnecessary delay, and law enforcement must wait at least five business days after you are notified before returning the firearms.4

1 R.C.W. § 7.105.505
2 R.C.W. § 7.105.345(1)
3 R.C.W. § 7.105.345(2)
4 R.C.W. §§ 9.41.340(1)(b); 9.41.345(3)

Moving to Another State with Your Domestic Violence Protection Order

If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.

General rules

Can I get my domestic violence protection order from Washington enforced in another state?

If you have a valid Washington domestic violence protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid domestic violence protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories.  See How do I know if my domestic violence protection order is good under federal law? to find out if your order qualifies.

Each state must enforce out-of-state domestic violence protection orders in the same way it enforces its own orders, which means that if the abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated.  This is what is meant by “full faith and credit.”

How do I know if my domestic violence protection order is good under federal law?

A domestic violence protection order is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

I have an ex parte temporary order. Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my domestic violence protection order is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or attend by telephone, video, or other electronic means. You may be able to reapply for an order in the new state that you are moving to if you meet the requirements for getting a protective order in that state. However, if you apply for an order in a new state, the abuser would know the state you are living in, which may put you in danger. To read the requirements for getting a restraining order in the new state, go to our Restraining Orders page and select the state from the drop-down menu.

1 18 U.S.C. § 2265(b)(2)

 

Getting your domestic violence protection order from Washington enforced in another state

How do I get my domestic violence protection order enforced in another state?

Federal law does not require you to take any special steps to get your domestic violence protection order enforced in another state.

Many states do have laws or rules about registering or filing out-of-state orders, which can make enforcement easier, but a valid domestic violence protection order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my domestic violence protection order enforced in another state?

In some states, you will need a certified copy of your domestic violence protection order. To get a certified copy you can either go to the courthouse and request one or mail in a request.

Note: It is a good idea to keep a copy of the order with you at all times. You may also want to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You may want to give a copy to the security guard or person at the front desk where you live and/or work along with a picture of the abuser and give copy of the order to anyone who is named in and protected by the order.

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your domestic violence protection order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the new state where you are living. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your domestic violence protection order, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Advocates and Shelters page for advocates or the Finding a Lawyer page for legal services.

Do I need to tell the court in Washington if I move?

If you won’t be getting mail at your old address, you may want to give the court a new address where your mail can be sent. The court that gave you your protection order likely should have an up-to-date address for you at all times so that you can be notified in case the abuser asks the judge to change or dismiss the order.

If you provide your new address to the court staff, make sure they know that you want to keep it confidential. It should be kept in a confidential part of your file where the public will not have access to it. If you feel unsafe giving your new address, you may be able to use the address of a friend you trust or a P.O. box instead.

Enforcing custody provisions in another state

I was granted temporary custody with my domestic violence protection order. Can I take my kids out of the state?

It may depend on the exact wording of the custody provision in your domestic violence protection order.  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in Washington, go to our WA Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for legal assistance on our WA Finding a Lawyer page.

I was granted temporary custody with my domestic violence protection order. Will another state enforce this custody order?

Custody, visitation, and child support provisions that are included in a domestic violence protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 U.S.C. § 2266

Enforcing your Out-Of-State Order in Washington

General rules for out-of-state orders in Washington

Can I get my protection order enforced in Washington? What are the requirements?

Your protection order can be enforced in Washington as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

Can I have my out-of-state protection order changed, extended, or canceled in Washington?

Generally, only the state that issued your protection order can change, extend, or cancel the order. You cannot usually have this done by a court in Washington.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.  You may be able to request that you attend the court hearing by electronic means rather than in person, so that you do not need to return to the state where the abuser is living.  To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Washington, you may be able to get a new one issued in Washington but this may be difficult to do if no new incidents of abuse have occurred in Washington. To find out more information on how to get a domestic violence protection order in Washington, visit our WA Restraining Orders page.

I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Washington?

As long as the child custody provision complies with certain federal laws,1 Washington can enforce a temporary custody order that is a part of a protection order.  To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area.  To find a lawyer in your area, go to our WA Finding a Lawyer page.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

Registering your out-of-state order in Washington

If I don’t have a hard copy of my out-of-state order, how can law enforcement enforce it?

To enforce an out-of-state order, law enforcement typically may rely on the National Crime Information Center Protection Order File (NCIC-POF). The NCIC-POF is a nationwide, electronic database that contains information about orders of protection that were issued in each state and territory in the U.S. The Protection Order File (POF) contains court orders that are issued to prevent acts of domestic violence, or to prevent someone from stalking, intimidating, or harassing another person. It contains orders issued by both civil and criminal state courts. The types of protection orders issued and the information contained in them vary from state to state.1

There is no way for the general public to access the NCIC-POF. That means you cannot confirm a protection order is in the registry or add a protection order to the registry without the help of a government agency that has access to it.

Typically, the state police or criminal justice agency in the state has the responsibility of reporting protection orders to NCIC. However, in some cases, the courts have taken on that role and they manage the protection order reporting process.2 NCIC–POF is used by law enforcement agencies when they need to verify and enforce an out-of-state protection order. It is managed by the FBI and state law enforcement officials.

However, not all states routinely enter protection orders into the NCIC. Instead, some states may enter the orders only in their own state protection order registry, which would not be accessible to law enforcement in other states. According to a 2016 report by the National Center for State Courts, more than 700,000 protection orders that were registered in state protection order databases were not registered in the federal NCIC Protection Order File.2 This means that if a law enforcement officer is trying to enforce a protection order from another state that is missing from the NCIC, the victim would likely need to show the officer a hard copy of the order to get it immediately enforced. If you no longer have a copy of your original order, you may want to contact the court that issued the order to ask them how you can get another copy sent to you.

1 National Center for Protection Orders and Full Faith & Credit
2 See State Progress in Record Reporting for Firearm-Related Background Checks: Protection Order Submissions, prepared by the National Center for State Courts, April 2016

How do I register my protection order in Washington?

To register/file your protection order in Washington state, you must bring a certified copy of your protection order to a Washington court in the county in which you live or to a county court where you believe you may have to enforce the order.1 There is no fee to file an out-of-state protection order.2 The clerk will give you a form to fill out in which you need to include:

  1. the names of the people entitled to protection;
  2. the name and address of the abuser;
  3. the date the protection order was entered;
  4. the date the protection order expires;
  5. the relief granted in the order, including what the order gives to you and what it prevents the abuser from doing;
  6. the judicial district and contact information for court administration for the court in which the protection order was entered;
  7. the Social Security number, date of birth, and description of the abuser;
  8. whether or not the abuser is believed to be armed and dangerous;
  9. whether or not the abuser was served with the order, and if so, the method used to serve the order; and
  10. the type and location of any other legal proceedings between the you and the abuser.3

Note: If you don’t have some of the information listed above, you can still register/file your order in court and later enforce your order.3  The information form should be kept confidential by the court.4

If you need help registering your protection order, you can contact a local domestic violence organization in Washington for assistance. You can find contact information for organizations in your area on our WA Advocates and Shelters page.

1 R.C.W. § 26.52.030(1)
2 R.C.W. § 26.52.030(3)
3 R.C.W. § 26.52.030(5)
4 See the “Foreign Protection Order Information” form, which states: “Confidential” and “Do Not Show or Serve this form to the restrained person” and “Do not file in the court file”.

Do I have to register my protection order in Washington in order to get it enforced?

Neither federal law nor Washington state law1 requires that you register your protection order in order to get it enforced. (However, if your order is not entered into the registry, it may be more difficult for a Washington law enforcement official to determine whether your order is real, and it could take longer to get your order enforced.)

Washington state law says that if you show a protection order from another state to a police officer for enforcement, the law enforcement officer must enforce it if it appears to be a valid order. The out-of-state protection order is valid if the court that gave it to you had the legal authority to do so and it has not expired, or been changed/dismissed by the court. Also, the abuser must have been told about the hearing for the protection order and been given an opportunity to be present at the hearing even if s/he never showed up at the hearing.2

1 R.C.W. § 26.52.030(2)
2 R.C.W. § 26.52.020

 

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan.  You will find contact information for organizations in your area on our WA Advocates and Shelters page.

1 18 USC § 2265(d)

Does it cost anything to register my protection order?

There is no fee for registering your protection order in Washington.1

1 R.C.W. § 26.52.030(3)