Civil Protection Orders
Washington State law allows a person (called the Petitioner) to file a civil case in court asking a judge or a commissioner to grant an order to protect them from another person (called the Respondent) whose behavior is abusive, threatening, exploitative, or seriously alarming. Washington State has recently passed House Bill 1320 which updates laws concerning civil protection orders to further enhance and improve their efficacy and accessibility. This law is effective July 1, 2022 and can be found here: RCW 7.105.
One petition is now used when filing for a domestic violence protection order, anti-harassment protection order, sexual assault protection order, stalking, and vulnerable adult protection order. A separate form is used for extreme risk protection orders - which are primarily filed by law enforcement but can be filed by an intimate partner, family, or household member. An extreme risk protection order does not protect an individual but rather protects society.
Petitioners choose which type of protection order is most appropriate for them to file. However, protection orders do not cover everyone's needs; there may be other legal remedies that are appropriate.
Need more information? Find helpful information and resources here. |
PROTECTION ORDER TYPES
Domestic Violence
A petition can be filed by a person who is a victim of domestic violence or fears violence by a family or household members. This includes:
- Persons who are or were married.
- Persons who are or were domestic partners.
- Persons who have a child in common.
- Adults who do or did reside together.
- Persons 16 years or older who have or had a dating relationship.
- Adults who are related by blood or marriage.
- Persons with a biological or legal parent-child relationship, including stepparents and stepchildren, and grandparents and grandchildren
Sexual Assault Protection Order
A petition can be filed by:
- A person, 16 or older, who is a victim of sexual assault (unless the victim qualifies for a domestic violence protection order).
- Any person* on behalf of a victim of sexual assault (unless the victim qualifies for a domestic violence protection order) who is:
- A child.
- A vulnerable adult as defined in RCW 74.34.020.
- An adult who cannot petition due to age, disability, health, or inaccessibility.
*The court may require the participation of a parent or guardian on behalf of a minor. The court will determine if a person has legal standing to file a petition on behalf of another person.
"Sexual Assault" means:
- Nonconsensual (meaning lack of freely given agreement) sexual touching of the genitals, anus or breasts - either directly or through clothing.
- Nonconsensual sexual penetration, however slight, of the genitals or anus by a body part of another including the mouth or the use of objects.
- Forced display of the genitals, anus or breasts for the purpose of sexually arousing another.
Anti-Harassment Protection Order
The law requires a $53 filing fee in Antiharassment cases filed in Superior Court. See petition for exceptions.
A petition can be filed by:
- An adult who is a victim of unlawful harassment.
- Parents, on behalf of their child:
- Against an adult whose behavior is detrimental to the child.
- Against a minor who is under investigation or has been adjudicated of an offense against the child.
"Unlawful Harassment" means:
A knowing and willful course of conduct which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The conduct shall be such as would cause a reasonable person to suffer substantial emotional distress and shall cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
"Course of conduct" means:
A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
Vulnerable Adult Protection Order
A petition can be filed by:
- A vulnerable adult who is a victim of:
- Abandonment
- Abuse (sexual, mental, physical)
- Financial exploitation
- Neglect
- A legal guardian, legal fiduciary, the Department of Social and Health Services, or an "interested person" on behalf of the vulnerable adult.
"Vulnerable adult" includes:
- Someone who:
- Is over 60 years old and without the functional, mental, or physical ability to care for him or herself.
- Someone who is 18 years or older and:
- Was found incapacitated
- Has a developmental disability
- Has been admitted to a DSHS-licensed care facility or received in-home care from a provider under DSHS contract
- Self directs at-home care from a compensated personal aide.
*The court will determine if the vulnerable adult is unable, due to incapacity, undue influence, or duress, to protect his or her own interest.
*The court will determine if a person has legal standing to file a petition on behalf of the vulnerable adult.
Stalking Protection Order
Stalking conduct may include a person intentionally and repeatedly harassing or following another person and the person who is being harassed or followed is placed in fear for themselves or their property. Stalking conduct also includes behaviors that intend to frighten, intimidate, or harass another person even if the stalker did not intend to place the person in fear or intimidate or harass the person. Cyberstalking conduct may include the intent to harass, intimidate, torment, embarrass any other person, makes an electronic communication to another person using any lewd, lascivious, indecent, or obscene words, images, or language or suggesting the commission of any lewd act. |
File a Civil Protection Order:
Submission of Non-paper Evidence/Exhibits
Pursuant to LCR 10(d)(6) Format Requirements any item filed with the court clerk that is not a document shall be treated as an exhibit. Thumb drives, digital video discs, compact discs, audio tapes, and similar devices containing recorded information shall not be attached to documents filed with the court clerk.
If you desire to present non-paper evidence/exhibits to the Court for a hearing on your case, you must submit the evidence as follows for it to be considered by the court:
Audio recordings must be transcribed, and the transcription must be filed as a document with the Clerk’s Office.
- Video recordings or other non-paper filings
Video recordings or other non-paper filings may be submitted on a blank flash drive delivered to Court Administration on the 2nd floor of the Courthouse. These should be delivered at least three days in advance of the hearing to ensure the presiding judicial officer has time to review. The Court will address the admissibility of that evidence at the time of the hearing.
File an Extreme Risk Protection Order:
Response: (use to file related documents such as police reports, medical records, text messages, witness statements, etc., or to respond to a protection order filed against you.)
- Civil Protection Order Response (under construction)
- Response Packet Under 18 (under construction)
Renew a Protection Order:
Request for Remote Appearance
|
