District Court
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Civil It has been the experience of the Skagit County District
Court staff that there is a lot of confusion and misunderstanding
about when it is appropriate to apply for a civil anti-harassment
protection order.� We want
to make sure that you get the right help with a minimum of referrals
and difficulty.� We request that you read this brochure completely
prior to completing
the packet of materials that will be provided by the court clerk.
Part
of the confusion for a victim is that there are three ways to get
help, but each of the alternatives may be only available depending
on the facts of the incident(s) and the relationship of the alleged
violator to the victim.� The first
alternative is a domestic violence no
contact order issued by a judge as a part of a domestic violence
criminal proceeding.� If you
are a victim of a domestic violence crime (assault, threats, malicious
mischief, etc.) you first should request assistance of law enforcement
and have the crime charged and a no contact order entered by the judge
as a part of the criminal proceeding.�
The second alternative is a domestic
violence protection order, which is available even though
a crime is not charged.� This
is the required alternative when the alleged violator is a spouse,
former spouse, an adult person related by blood or marriage, persons
residing together, persons with a prior dating relationship, persons
who have a biological or legal parent-child relationship, and persons
who have a child in common whether or not they have been married or
lived together.� The third alternative is a civil anti--harassment protection order.� This alternative is only available when the incident or incidents are not domestic
violence acts.� Unlawful harassment
is a knowing and willful course of conduct directed at a specific
person which seriously alarms, annoys or harasses such person, and
which serves no legitimate lawful purpose.�
In order to be eligible for such a protection order there must
be repeated invasions of a person�s privacy by acts and words showing
a continuous pattern of harassment.�
Isolated single acts of harassment will not qualify a person
for an anti-harassment protection order. WHERE DO YOU
GO TO If you are the victim of a domestic violence crime, immediately call for help from law enforcement.� Whichever agency investigates should be requested to inform the judge that a no contact order is required as a part of the crime that is charged.� As a further follow-up, contact the appropriate court as soon as possible and request through the clerk�s office or the Prosecutor that you wish that a no contact order be issued as a part of the preliminary appearance of arraignment process.� If a domestic violence protection order is the appropriate alternative, in Skagit County you make application with the Superior Court Clerk, who is located on the first floor of the Skagit County Courthouse.� A civil anti-harassment protection order is obtained at the Skagit County District Court at the Larry E. Moller Building, 600 S. 3rd, in Mt. Vernon.� HOW DO YOU APPLY The Skagit County District Court clerk will provide
to you a set of materials, which include a petition and declaration,
and law enforcement information sheet.�
Once the applicant has completed the materials the clerk will
schedule your case before a Judge to determine if an anti-harassment
order is appropriate.� If the Judge approves the petition, a temporary
protection order is signed and a hearing is set within 14 days.� A copy of the temporary order and notice of
hearing is then served on the respondent by the Sheriff, or the City
Police Department, depending on the location that the respondent resides.� At the hearing a Judge will hear testimony
of the parties and any witnesses of the alleged harassment.� The judge will then decide if the protection
order should be made permanent, and if so, what conditions the order
should contain.� The permanent
order can be effective for up to one year or longer in certain circumstances.�� ARE THERE RESTICTIONS The statute requires that the action may be brought in the county where the alleged acts of unlawful harassment occurred or where the respondent resides at the time the petition is filed.� By agreement between the Skagit County District and Superior Courts, the District Court hears all anti-harassment cases and the Superior Court hears all domestic violence petitions. IS THERE A FEE
TO FILE AN The fee for an anti-harassment action is $83.�� Once the fee is paid it will not be refunded
even though the judge declines approval of the order.� In addition the petitioner is required to pay
the fees for service of the documents on the respondent.� The petitioner is entitled to recover those
costs at the hearing if the court so orders.�
If the court at the time of filing determines that a petitioner
lacks the funds to pay the costs of filing the court may waive the
fee and require no fees for service of the documents on the respondent.� If fees have been waived the court may require the respondent to
reimburse the county for such costs if a permanent order is entered.�� However, the Judge may also order the Petitioner
to make arrangements for time payments for the filing fee. HOW DOES THE
COURT DECIDE IF The judge, when reviewing the petition and declaration, must determine whether the alleged course of conduct serves any legitimate or lawful purpose.� The judge considers whether: any current contact between the parties was initiated by the respondent only or was initiated by both parties; the respondent has been given clear notice that all further contact with petition is unwanted; the respondent�s course of conduct appears designed to alarm, annoy, or harass the petitioner; the respondent is or is not acting according to any lawful authority; the respondent�s course of conduct has the purpose of unreasonably interfering with the petitioner�s privacy or the purpose of creating an intimidating, hostile, or offensive living environment for the petitioner; and finally whether any contact by the respondent with the petitioner or the petitioner�s family has been limited in any manner by any previous court order. WHAT KIND OF
PROTECTION In
granting either a temporary or permanent order the court has broad
discretion to grant such relief as the court deems proper, including
an order: restraining the respondent from making any attempts to contact
the petitioner; restraining the respondent from making any attempts
to keep the petitioner under surveillance; and requiring the respondent
to stay a stated distance from the petitioner�s residence and work
place.� Once entered the order
is forwarded to the appropriate law enforcement agency no later than
the next judicial day WHAT IF THE ORDER The willful disobedience of an anti-harassment protection
order, that the respondent has knowledge of, subjects the respondent
to a possible conviction of a gross misdemeanor which has a maximum
punishment of one year in jail and up to $5000 in fines.�
In addition the respondent may be found, in the court�s discretion
of contempt of court and subject to penalties of RCW 7.21 IF YOU ARE UNSURE
WHETHER YOU QUALIFY FOR AN ANTI-HARASSMENT ORDER PLEASE ASK
THE COURT CLERK FOR ASSISTANCE PRIOR TO FILING THE PETITION. |