Types of Civil Protection Orders in Washington 

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 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.

Antiharassment 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.

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

Extreme (Firearm) Risk: 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.

Stalking: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

 Sexual Assault 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.

Still Unsure ?

Answer few questions anonymously to see which one is suitable 

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

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

Process for Restraining Orders

Gather evidence to support your case

The fallowing are considered as evidence of domestic violence

Evidence Type 1: Pending Criminal Case

Judges are also more likely to issue an order if there is an ongoing criminal case, therefore it's important to call such cases out when seeking a temporary restraining order.

When a judge sees that there's a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Examples of evidence are:

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim's injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

• The number dialed in case of the domestic hotline
• The date and time (or approximate date and time) when the call was made
• Who made the call
• What was reported on the call
• Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

• A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

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

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 1: 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 2: Get a Temporary Order 

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 3: 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

You can get a temporary protection order the same day as you file.

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.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

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

Risks

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:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. 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.