Last Updated March 11, 2025/Washington

Restraining Orders in the Washington State

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Recently updated on March 11th, 2025 at 08:06 pm

A restraining order, formally Civil Protection Order (CPO) in Washington is issued by District and Superior Courts to protect victims from harassment, abuse, threats, stalking or violence. Restraining orders (CPO) are often sought in cases of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.

If the abuser violates the restraining order, then they can be charged with a crime, which in turn can lead to jail and fines.

If someone believes they need protection and qualifies for a restraining order, they can usually apply for one through their local court system. The process may involve filing a petition, attending a hearing, and presenting evidence to support the request for the order.

The first step is to determine roughly which type of civil protection applies to your situation.

How to Get a Restraining Order in Washington State

Step 1: Figure out the suitable type of Civil Protection Order

There are a few different types of restraining orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of restraining order applies to your situation or is remotely related as that might help you decide whether to apply .

The types are:

Domestic Violence Protection Order (DVPO) is for situations involving romantic partners, ex-es, dating partners, roommates and family members when one person hurts the other physically, sexually or even emotionally by blackmailing or by being controlling. What is the legal definition of Domestic Violence in the Washington State.
Create DVPO Forms Online

Sample Situation: Ex-boyfriend stalks

Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

Antiharassment Protection Order (AHPO) applies to situations involving repeated irritating behavior, stalking, abuse, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.
Create AHPO Forms Online

Vulnerable Adult Protection Order (VAPO): A senior citizen (or an adult who cannot function independently) is being abused by a caretaker, neighbor or child .
Create VAPO Forms Online

Extreme (Firearm) Risk Protection Order (ERPO): Typically, a police officer or sheriff who thinks someone might hurt themselves or someone else with a gun. This can stop that person from buying or owning a gun. It can’t order them to stay away from someone.
Create ERPO Forms Online
Stalking Protection Order: This is requested when the stalker is not a current or former intimate relationship and not a relative.
Create SPO Forms Online

Sexual Assault Protection Order (SAPO) involves involving unwanted sexual conduct by someone who is not a romantic partner or an ex- or a roommate or a member of the victim’s family or household.Create SAPO Forms Online

Still Unsure ?

Answer few questions anonymously to see which one is suitable

Step 2: Gather evidence (proof) to support your case

What proof do you need or in other words what do you need to get a restraining order? The following are considered as evidence for a civil protection order (restraining order)

Criminal Case

A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.

Photos

Photos of violence, injuries, damage

Messages

Print outs of messages, emails or transcripts of voicemail

911 Calls

For each call document the #, date, time, caller, callee details

Medical Records

Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.

Police Report

Police reports filed against abuser for domestic violence.

Testimony

A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.

Step 3: Get a copy of court forms

In order to apply for a civil protection order, you need to fill and submit a specific set of official Washington court forms. These have questions aimed at understanding your situation and the people involved.

The most important form is the petition, and it’s called Petition for Protection Order

[pdf-embedder url=”https://legalatoms.com/wp-content/uploads/PO-001-Petition-for-Protection-Order_2023_07.pdf” title=”PO 001 Petition for Protection Order”]

The complete set of documents is at the Washington Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.

Tip: You can check your local court’s website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the restraining orders paperwork online.

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now, to get

You can then file them online when you’ve thought through all aspects. There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.

Step 4: File the Court Forms

Typically these are filed at your county’s Superior Courts or District Court. Some of these courts are also called Family Justice Center.

Step 5: Attend Hearing (Could be same day!)

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing, called an Emergency Temporary Order. In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

Step 6: Serve the abuser

Step 4: Present Evidence in a Court Hearing

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

Step 5. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs

Some of the civil protection orders have no cost, owing to their use in protecting victims.

Domestic Violence: $0 (FREE)

Antiharassment: $ 53 – Or one can file for a fee waiver or its waived if its

Stalking (as defined in RCW 9A.46.110)
A hate crime (under RCW 9A.36.080(1)(c))
A single act of violence or threat of violence (under RCW 7.105.010(35)(b)) OR
From a person who has engaged in nonconsensual sex that constitutes a sex offense (as defined in RCW 9A.44.128)

Stalking: $0 (FREE)

Vulnerable Adult: $0 (FREE)

Extreme Risk: $0 (FREE)

Duration – How long does it take to get a restraining order

You can get a temporary protection order the same day as you file if your situation involves some emergency such that delaying the restraining order would pose a risk. Courts can have a cutoff of around 2 p.m. for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

If you cannot get a temporary order the same day then you can get one in a 2-3 days after a judge reviews your paperwork.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

Protection order vs restraining order Washington State

In Washington State, both protection orders and restraining orders are legal tools used to prevent harmful behavior, but they serve different purposes and are used in different contexts.

Protection Order

Purpose: A protection order is intended to protect a person from physical harm, threats, harassment, stalking, or other forms of abuse. It can also prevent an abuser from contacting or coming near the protected person.
Process: The petitioner files the order in court, and if granted, it can be temporary (emergency) or extended for a longer period, sometimes up to one year or more. The respondent (person the order is against) must be served with the order

Restraining Order

Purpose: A restraining order is usually part of a larger family law case, such as a divorce or child custody case, and it can include provisions for property division, spousal support, and child custody, in addition to protection from harm.
Scope: Can include broader issues like financial matters, child custody, and property distribution, alongside protection from abuse.
Process: Filed as part of the family law case. It can be temporary or permanent, depending on the circumstances. The respondent must be served with the order.

Key Differences

Context: Protection orders are typically focused on preventing abuse or harassment, while restraining orders are often part of a family law case and can address a wider range of issues.
Who Can File: Protection orders can be filed by anyone in need of protection from harm, whereas restraining orders are usually filed within the context of a divorce or legal separation.
Restraining orders often cover additional issues like property and child custody, while protection orders are specifically focused on protection from harm.

Both types of orders are legally binding and enforceable, meaning violating them can lead to criminal charges or other legal consequences. If you’re considering filing either type of order, consulting with an attorney or a local legal aid organization would be beneficial to understand your specific situation and needs.

How long do restraining orders last in Washington state

Typically these last for 1 year. When you’re filing your petition you can request for up to five years. You can also seek renewal of a protection order before it expires.

How Restraining Orders Solve the Problem

The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a restraining order may prohibit the respondent from

Approaching or contacting the petitioner including via text or social media
Staying away from the usual places petitioner is at such as home, work or school
Prohibit stalking, or surveillance of any kind
In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
Extending the protections to others living with the petitioner

Here’s the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire

Reduce Violence

Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.

Risks of getting a restraining order

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

Physical assault or violence
Harming or taking away children
Damaging jointly owned property
Disregarding the order and persisting with threats, possibly through intermediaries
Inflicting harm or causing harm to pets
Harassing your loved ones for information
Engaging in stalking behavior
Initiating a retaliatory restraining order against you
Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

Posted in Washington