How To Get A Restraining Order In Washington

Restraining orders are legally termed "protection orders" in Washington. These orders are issued when an individual approaches the court with substantial claims about being harassed, abused, threatened, or at risk of harm from another party. Protection orders are governed by RCW 7.105 and usually become necessary in cases of domestic violence, sexual assault, stalking, or harassment.

The State of Washington emphasizes the safety of its residents by permitting the enforcement of out-of-state protection orders, including those issued in Canada. Under RCW 26.55.040, Canadian orders may be registered and enforced within Washington's jurisdiction.

Protection orders requested by individuals are mainly civil proceedings and are thus included in Washington civil court records. There are criminal protection orders; however, these can only be initiated by the court or requested by the prosecuting attorney, not by the victim.

Types Of Restraining Orders in Washington

There are several types of protection orders in Washington that individuals facing threats may find appropriate for their situation. These include:

Civil Protection Orders in Washington

• Domestic Violence Protection Order (DVPO): This order protects individuals who have experienced domestic violence from someone with whom they share a close or familial relationship
• Sexual Assault Protection Order (SAPO): This is available to individuals who have been victims of non-consensual sexual acts or sexual penetration, regardless of their relationship to the perpetrator.
• Stalking Protection Order (SPO): This order prohibits repeated following, surveillance, or contact (whether in-person or online) that causes fear or distress. It applies even if the parties have no prior relationship.
• Anti-Harassment Protection Order (AHPO): This addresses repeated, unwanted behavior that seriously alarms, emotionally distresses, or harasses someone. Generally, the petitioner must not be married to, cohabiting with, or have children with the respondent.
• Vulnerable Adult Protection Order (VAPO): This protects adults unable to care for themselves due to age, disability, or incapacity from abuse, neglect, or financial exploitation. A third party may request this order.
• Extreme Risk Protection Order (ERPO): Often referred to as a red flag order, it allows law enforcement or family members to request the temporary removal of firearms from someone deemed a danger to themselves or others.

Criminal Protection Orders in Washington

• Domestic Violence No-Contact Order (DVNCO): Issued by a court after an arrest or charge for domestic violence. It deters the defendant from contacting the victim during criminal court proceedings and may require the surrender of any firearm they possess.
• Harassment No-Contact Order (HNCO): This is similar to the DVNCO but applies to harassment or stalking cases. It bars the defendant from contacting the alleged victim while the case is pending.

Other Protection Orders in Washington

• Family Law Restraining Order (FLRO): Used in civil family law cases (e.g., divorce or child custody) to protect parties or children from threats, abuse, or harassment. It may restrict specific actions by the other party during proceedings.
• Abused Child Restraining Order (ACRO): Issued when a child is believed to be a victim of physical or sexual abuse by a guardian or parent. Under RCW 26.44.063, this order allows the court to keep the abuser away from the child instead of removing the child from their home.

Are Restraining Orders Public Record In Washington?

In Washington, restraining orders are generally part of the public court record and governed by General Rule (GR) 31. These orders are typically accessible to any interested person. However, exceptions exist. In cases involving minors, for example, the court may restrict inspection to protect the individual's identity. While the order itself may remain public, sensitive details can be withheld from public view.

How To Look Up Restraining Orders In Washington

Washington restraining orders can be accessed by reviewing court records at the presiding courthouse or online through a court's case management database. However, online access may be limited because GR 31 prohibits review where it would create a greater privacy risk, even though those records may be available in person.

Can You Look Up A Restraining Order Online?

Yes. Interested persons can search for protection order cases online via the Washington Courts Case Search portal. The portal provides access to protection order cases handled by District and Superior Courts across the state. Additionally, some counties in the state maintain their public court records systems. Examples include the Kings County Script Portal and the Spokane County Court Viewer.

Alternatively, individuals can search for these cases on third-party aggregator websites. These platforms can offer a more convenient or user-friendly experience, but they may not provide detailed information like official sources. Also, a fee may be required to access court records on such databases.

How To File A Restraining Order In Washington

Obtaining a restraining order in Washington begins with identifying the correct type of order based on the situation and the proper court for filing. Protection orders are handled at the county level and may be filed in the District or Superior Court. For example, petitions for Anti-Harassment Protection Orders are typically processed in District Court unless specific conditions necessitate Superior Court jurisdiction, such as where:

• The respondent is below 18 years of age.
• The action involves real property rights.
• The Superior Court is already handling a related case involving both parties.
• The order would interfere with the respondent's custody of a minor child.

Subsequently, individuals can obtain and complete the relevant court forms, which are obtainable at the courthouse, on the local court's website (if available), or through the Washington State Courts website. A protection order petition (excluding Extreme Risk Protection Orders) under RCW 7.105 generally requires submission of the following documents:

• The Protection Order petition
• Law Enforcement and Confidential Information Sheet (LECIF)
• Temporary Protection Order and Hearing Notice
• An optional Declaration Form that allows the petitioner to file evidence they want the court to review

Following the submission of the required forms and documents, the judge will fix a date for the hearing. If the petitioner submitted a request for a temporary (emergency) protection order, the initial hearing may occur the same day or the following business day. This initial hearing evaluates the urgency of the petitioner's situation and does not require the respondent's presence. If the petitioner is believed to be in immediate danger, the judge will issue an emergency order pending the full hearing.

An adult (not the petitioner) must serve the respondent with a notice of the hearing prior to the full hearing so they can appear in court. The server must then complete and file the Proof of Service form documenting this notification. At the full hearing, the court will review the petition and all submitted evidence before making a final determination on whether to grant the protection order.

Can You File A Restraining Order For No Reason In Washington?

No. In Washington, a person cannot file a restraining order against another person without a valid reason. Per RCW 7.105, the court will only grant a protection order petition if there is sufficient proof that the petitioner has been subject to unlawful conduct by the respondent and needs protection. Filing a petition without valid grounds will likely result in the dismissal of the case.

What Proof Do You Need For A Restraining Order In Washington?

Petitioners must present convincing evidence to properly substantiate claims in a protective order case. The court evaluates this using the "preponderance of the evidence" standard, which simply means it must be more likely that the described events took place.

Evidence that can help a petitioner's case includes police reports, text messages, social media posts, voice mails, medical records, eyewitness statements, and photographs or videos. Each evidence provided must be clear and directly related to the case, or it may negatively affect the petition.

How Long Does It Take To Get A Restraining Order In Washington?

Temporary protection orders in Washington can be granted on the same day they are requested, as they serve as emergency measures that provide immediate protection in high-risk situations. The full hearing for a final order is usually scheduled within 14 days of the petition being filed. Depending on the complexity of the case, the court may need to schedule multiple hearings before issuing a final decision.

How Long Does A Restraining Order Last In Washington?

In Washington, the duration of a protection order varies by type. Emergency orders remain in effect for up to 14 days or until the full hearing occurs. Final protection orders (excluding Extreme Risk Protection Orders) are generally valid for one year, unless the petitioner requests a shorter period. However, orders restricting contact between a respondent and their child cannot exceed one year, though they may be renewed.

To renew a protection order, the petitioner may file a motion within 90 days before the order expires. The court may then extend the order for an additional year or, in some instances, make it permanent with no expiration date.

How Much Does A Restraining Order Cost in Washington?

The cost associated with a restraining order in Washington varies depending on the order. Domestic violence, stalking, extreme risk, and vulnerable adult protection orders are free to file, as state law explicitly exempts violence-related petitions from filing fees. Anti-Harassment Protection Orders typically carry a filing fee of $53; however, this fee may be waived if:

• The respondent has engaged in stalking, hate crime, violence, non-consensual sexual conduct, or domestic violence against the petitioner, or
• The petitioner is indigent, as defined in RCW 10.01.160 (3).

Additional costs associated with a protection order, such as service of process, certified copies, and court forms fees, are waived for civil protection orders.

Can You Cancel A Restraining Order In Washington?

Yes. A petitioner or respondent may file a Motion to Modify or Terminate Protection Order in the same court that issued the restraining order to request changes or cancellation. However, a respondent can only do this once every 12 months.

Once the motion has been submitted, the court will arrange a hearing to review the request. The moving party must demonstrate valid grounds for modification or termination, such as a positive change in the circumstances or evidence that the threat no longer exists. If the court finds the motion satisfactory, it may approve the requested changes to the order.