Resource for a Recourse: Online Resource Center for Survivors of Abuse

WASHINGTON : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

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

physical harm
bodily injury
assault
sexual assault
stalking
the infliction of fear of imminent physical harm, bodily injury or assault

You are eligible to file for a Domestic Violence Order for Protection if you or your minor child has been abused by:

your spouse or former spouse,
someone you have a child in common with,
adult persons related to you by blood or marriage,
adult persons residing with you now or who have resided with you in the past,
someone who you live with or used to live with AND that you have or had a dating relationship with. You both must be over 16 years old.
someone you are having or had a dating relationship with. You must both be over 16 years old.
someone who has a biological or legal parent-child relationship with you, including stepparents and stepchildren and grandparents and grandchildren.

In Washington, you may apply for an Order for Protection against a current or former same-sex partner. Please note that it is up to each individual judge, and some judges may not grant these. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule in your case.

Note: If an adult is filing on behalf of a minor, it is the minor's relationship with the abuser that counts, not the relationship between the abuser and the adult who is filing. A person who is sixteen years of age or older may seek relief on his or her own (and is not required to seek relief by a guardian).

Note: If you currently have dissolution of marriage or parentage action pending, you are still eligible to file for a Domestic Violence Order for Protection. It can be included as part of the same case.

Types of protective orders:

Temporary Order for Protection

A temporary (ex parte) Order for Protection Is designed to protect you until the court hearing you must have for a Final Order for Protection. You can receive a temporary order without a court hearing, and without your abuser's knowledge. ("Ex parte" means without your abuser present.) A judge will grant the temporary order only if s/he believes that you are in immediate danger. Temporary orders last for 14 days or until your court hearing for a Final Order for Protection.

Final Order for Protection

A Final Order for Protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. If the order includes a provision restraining the abuser from contacting minor children, then the judge will grant it for a period of time up to a year. Otherwise, the order may be for a fixed period or permanent. If fixed, you can ask to have it extended.

BACK TO TOP

Benefits:

An Order for Protection may:

Order the abuser not to threaten or hurt you;
Order the abuser not to enter your residence;
Give one parent temporary custody of children;
Set a schedule for visitation with minor children;
Order the abuser to leave a shared residence;
Grant you possession of essential personal items;
Grant you use of a vehicle;
Order the abuser to attend counseling;
Order the abuser to pay administrative court costs and service fees, and to reimburse you for costs incurred in bringing the action (such as reasonable attorney's fees);
Require the respondent submit to electronic monitoring;
Order the abuser to do anything else you ask for and the judge agrees to.

Whether a judge orders any or all of the above depends on the facts of your case.

BACK TO TOP

Costs:

There is no filing fee for a Domestic Violence Order for Protection.

BACK TO TOP

Violations:

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your Order for Protection orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms to file for civil contempt.

Through the Police or Sheriff (Criminal)

If the defendant violates the Order for Protection, call 911 immediately. In some cases, the respondent can be arrested right away. The respondent must have received notice of the existing order, by service or appearance in court.

A violation of either of the following two provisions subjects the respondent to a MANDATORY ARREST:

Violating the restraint from causing or threatening harm
Entering a residence, workplace or school, the school or daycare of children, or other areas the court has ordered the respondent to vacate or stay away from

Tell the officers you have a protection order and the respondent is violating it. If the respondent is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate an Order for Protection. If he or she is found guilty of a violation of an Order for Protection, the respondent may be put in jail.

Note: It is important to note that arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an assault has been committed within the preceding four hours. The respondent can be arrested even if you invite or allow the respondent to violate the prohibitions contained in the order. The respondent has the sole responsibility to avoid or refrain from violating the order's provisions.

BACK TO TOP