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You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

  to get more information on protection orders of order of protections from your state.  Each state has different requirements.  

Order of Protection- Washington

Legal Protection from Domestic Violence

Information on Court Orders

There are four types of court orders that address domestic violence. Each of these is slightly different, as discussed below:

• Order of Protection
• Restraining Order
• Anti-Harassment Order
• No Contact Order

If you have a court order, it is important to remember:

1. Keep a certified copy of your order with you at all times.

    

2. The order is enforceable throughout the State of Washington.

    

3. If there is a violation of your court order, call 9-1-1 or your local police. Tell them you have a court order and it is being violated.

Whether or not you have a court order, if you are being harassed, threatened, or assaulted, call 9-1-1, or your local police!!

 

Order of Protection

Civil Order RCW 26.50

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WHO MAY OBTAIN?

Any person who is a victim of domestic violence or fears violence by a "family or household member." (Persons who are married, have been married, or have a child in common, adult persons who are related or who reside(d) together and persons 16 years and older who have been/are dating.)

 

WHAT CAN AN ORDER DO?

• Prohibit contact of any kind.

   

• Remove abuser from shared residence and prohibit from entering.
• Give temporary custody of children and set visitation schedule.
• Order abuser into treatment/counseling.
• Can be tailored to individual needs.

 

HOW IS AN ORDER OBTAINED?

Can be obtained in district, municipal, or superior court. The court will review the paperwork and grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing and temporary order. A hearing is scheduled within 2 weeks at which time the court may deny the petition or grant an order effective for up to one year or more.

Forms and instructions are provided by the Clerk's Office.

 

WHAT IS THE COST?

There is no cost to petitioner.

 

WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED?

Mandatory arrest if abuser violates "restraint" provisions or enters a residence where prohibited from entering. Possible criminal or contempt charges.

 

 

Restraining Order

Civil Order RCW 26.09, 26.26

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WHO MAY OBTAIN?

Married persons or persons with a child in common who are filing for divorce, legal separation, custody, or to determine parentage. To qualify a person does not need to have experienced assault or threats of violence.

 

WHAT CAN AN ORDER DO?

Can do all that an Order for Protection does. May also order child support, order maintenance income, assign property to either party, and establish permanent child custody or use of family home.

 

HOW IS AN ORDER OBTAINED?

Can be obtained in superior court as part of a family law action such as a divorce, legal separation, custody action or paternity determination. A temporary restraining order can be filed at the time of a civil petition and signed by the judge effective until the preliminary hearing. Many persons obtain attorneys to represent them for this process. The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child.

 

WHAT IS THE COST?

Filing fee is $110.00 (plus possible local surcharge) but may be waived. Additional costs can include copy, service and attorneys fees.

 

WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED?

Violator may be arrested. Possible criminal or contempt charges.

 

 

Anti-Harassment Order

Civil Order RCW 10.14  

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WHO MAY OBTAIN?

Persons who are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose. Person does not need to have a relationship with the person harassing them.

 

WHAT CAN AN ORDER DO?

• Prohibit harassment and contact of any kind.
• Restrain party from coming within a specific distance from petitioner's workplace, school, residence, etc.

 

HOW IS AN ORDER OBTAINED?

Can be obtained in district or superior court. Person files a petition which involves filling out paperwork. After reviewing your petition the court may grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing and temporary order. A hearing is held within 14 days at which time the court may deny the petition or grant an order effective for up to one year. Forms and instructions are provided by the Clerk's Office.

 

WHAT IS THE COST?

Filing fee is $31.00 in district court and $110.00 in superior court. Additional costs can include copy, service and local surcharge fees. Fees may be waived.

 

WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED?

Violator may be arrested. Possible criminal or contempt charges.

 

No Contact Order

Civil Order RCW 10.99  

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WHO MAY OBTAIN?

A person who has reported an incident to the police. Criminal charges must be pending or filed. May be a condition of sentencing.

 

WHAT CAN AN ORDER DO?

Prohibit contact of any kind while criminal case is active and can be a condition of sentencing. Protects a victim while waiting for trial.

 

HOW IS AN ORDER OBTAINED?

A crime must first be reported to the police. If the abuser has been arrested or issued a citation, the victim may ask the prosecutor to request a no contact order. (In some jurisdictions, orders are issued via the police or jail.)

 

WHAT IS THE COST?

No Cost

 

WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED?

Violator shall be arrested.

Information about the law against domestic violence and about courts and the protection order process

• To learn about the process and costs involved in getting an Order for Protection...
• To learn about where you can file for an Order for Protection...
• To learn how an Order for Protection can help you...
• For answers to frequently-asked questions (FAQs) about Orders for Protection...
• To access protection order forms in English, Cambodian, Laotian, Korean, Chinese, Spanish, Vietnamese, and Russian...
• To link to the King County Prosecutor's Office Domestic Violence website or the Domestic Violence Protection Order website...

The process and costs involved in getting an order for protection

There are two steps in the process of getting an Order for Protection. The first step involves filing for an emergency temporary Order and the second step is attending a hearing at court at which a full Order can be granted.

First, the temporary order:

• When you file for an emergency Temporary Order for Protection, you show the court the protection you need now, before a full court hearing is held.
• You will be called the Petitioner and the person from whom you seek protection is called the Respondent.
• You begin by going to a district, municipal, or superior court. At the court, the Clerk's office staff provide you with the forms you need to fill out. You will be completing 6 or more pages of paperwork, with help from the Clerk or domestic violence advocates, if they are available. This paperwork includes a petition where you write down information about the incidents of abuse or threats which you have experienced.
• When the papers are complete, you usually appear before a Commissioner or Judge. You may be asked some questions about your situation and your need for protection. The Commissioner or Judge then decides whether to grant or deny your request for an emergency Temporary Order for Protection. This Order, when signed, will be effective for up to 14 days. It also includes information setting a specific date, time, and place for another court hearing, which will be held within 14 days. The Respondent will be served with a copy of the paperwork, including the Petition and the Temporary Order for Protection and Notice of Hearing.
• The second step or stage in the process is the full court hearing. If you do not attend this hearing, your Temporary Order will expire and can no longer help you. It is only at the full hearing that the Judge or Commissioner can issue you an Order for Protection that can be in effect for a year or even longer. At this hearing, you may be asked to describe details from your situation and tell about the abuse, threats, or domestic violence you have experienced.
• The Respondent can appear at this hearing, because in our system both sides of a dispute have the right to be heard in court before a decision is reached. Whether the Respondent appears or not, the court has to know that a copy of the Order and Hearing Notice was served on the Respondent at least 5 days before the hearing date. Proof (documentation) of service has to be in the court file or the court cannot proceed and hold a hearing on whether to issue a full order.
• If the Respondent has not been served or if proof of service is not before the court, the court may instead re-issue the emergency Temporary Order for Protection and set a new hearing date. New efforts can then be made to serve the paperwork on the Respondent.
• Service of paperwork is often done by the police department in the county where the Respondent lives. There are other options for having papers served; ask the Clerk about them. Proof of service has to be obtained before the court can act on your request for a full Order for Protection that might be effective for a period from a year or more.
• There is no filing fee for an Order for Protection. You will be provided with the necessary number of certified copies of the Order at no cost to you.

Where you can file for an Order for Protection

You can file for an Order for Protection in any district, municipal, or superior court. You must use a court in the county where you live or in the county to which you have moved for safety reasons to flee abuse.

Only a few courts are not able to accept domestic violence filings: for example, the Seattle Municipal Court does not handle Orders for Protection, but Superior Courts are located just a block away. If your request for protection involves children or child custody issues, your full hearing and Order must be handled by the Superior Court; you can still start the process in District or Municipal Court.

The hours for King County District Courts and the King County Superior Court are Mondays through Fridays from 8:30 a.m. to 4:30 p.m., except for legal holidays. Please check the municipal court in your community for their hours of operation.

The process for obtaining an emergency Order for Protection can take 2 hours or more to complete. Please plan accordingly and allow enough time. If possible, do not bring your children.

You can start the protection order process at the King County Superior Court, located in downtown Seattle in the King County Courthouse or at the Regional Justice Center in Kent. The two locations are as follows: King County Courthouse 516 Third Ave Seattle, WA 98104 (Entrance from third and fourth avenues south of James Street) Regional Justice Center 401 Fourth Ave Kent, WA 98032 (Parking garage attached to the court accessed from James Street) You have two options when arriving at the King County Courthouse or Regional Justice Center:

In Seattle:

• You can go directly to the Clerk's Office (also called Department of Judicial Administration) in room E-609 on the 6th floor, and go to the Domestic Violence Window. Clerks there will help you with the paperwork required for the process. If you wish to call the Clerk's Office about their services, call (206) 296-7870.
• You can go to the Protection Order Advocacy Program in room E-223 on the 2nd Floor of the King County Courthouse. The Protection Order Advocacy Program has advocates who are available to help you fill out the paperwork and go to Court with you. If you wish to call for information about these services, call (206) 296-9547.

  In Kent:

• You can go directly to the Clerk's Office (Department of Judicial Administration) on the 2nd floor and go to the "DV" window. Clerks there will help you with the paperwork required for the process. If you wish to call the Clerk's Office about their services, call (206) 296-9300, Option 6.

   

• You can go directly to the Protection Order Advocacy Program on the 2nd floor, Room 2B. The Protection Order Advocacy Program through TTY, call (206) 205-6198.

  Northeast Domestic Violence Court: These are limited protection order advocacy services at Northeast District Court in Redmond. The phone number for the protection order advocate is: (206) 205-7012.

  The following are phone numbers for the divisions of the King County District Court, where you may also file for Orders for Protection. Call for the specific address, directions, hours and other information:
  

  • Aukeen District Court, is at (206)296-7740
  • Bellevue District Court, (206)296-3650
  • Federal Way District Court, (206)296-7784
  • Issaquah District Court, (206)296-7688
  • Shoreline District Court, (206)296-3679; (206)296-9435 for the Advocates' Office
  • Southwest District Court, (206)296-0144 or (206)296-0133
  • Vashon Island District Court, (206)296-3664
  • Northeast District Court, (206)296-3667There are limited protection order advocacy services at Northeast District Court's Domestic Violence Court in Redmond. The phone number for the protection order advocate is: (206) 205-7012.

How an Order for Protection can help you

An Order for Protection can provide you with some relief by directing the person who has abused you or committed acts of domestic violence against you to do or not to do certain things. Such an Order is enforceable throughout the State of Washington. A full order is also enforceable in all 50 states, the District of Columbia, Tribal Lands, and U.S. Territories.

Before the Court, you will be known as the "Petitioner" and the person who is the subject of the Order will be known as the "Respondent." Once the Respondent has been legally served with a copy of the Order, if he or she violates the order, an arrest or citation can result. Once you have a valid Order for Protection, if it is violated, you should call 9-1-1 and ask the police to help you by enforcing it.

There are a number of ways in which an Order for Protection can help you. While the provisions can vary depending on individual circumstances, an Order for Protection may include one or more of the following provisions:

• Restrains Respondent from committing any further acts of domestic violence.
• Excludes Respondent from the Petitioner's residence or from a residence they have shared.
• Prohibits the Respondent from harassing or stalking the Petitioner.
• Prohibits Respondent from any and all contact with the Petitioner or with the children.
• Orders Respondent to enter court-mandated counseling.
• Gives temporary custody of children to one parent and establishes a visitation schedule, if any.
• Prohibits Respondent from removing children from the State of Washington.
• Orders Respondent to pay the court costs and service fees and to reimburse the petitioner for costs incurred in bringing the action.

Additional restraints or provisions can be included as determined by the Court.

Answers to frequently-asked questions (FAQs) about Orders for Protection

This section presents answers to commonly-asked questions about the Protection Order process.

• "How do I make changes in the Order or get it dropped?"

  At any time before the expiration date on the Order for Protection, you can return to the Court which granted the Order and request that it be modified or even terminated. This involves completing a form that explains your request, along with an appearance before a Judge or Commissioner. In some situations, the Court will be required to set a hearing date before the Order can be modified.

   

• "How long does an Order for Protection last?"

  A Temporary Emergency Order for Protection is effective for up to 14 days, but it can be re-issued by the Court. A "full" Protection Order is effective for a set period, usually for one year. It can be made effective for longer than a year.

   

• "When an Order expires, can I get another one?"

  Yes, you can. At least 2 weeks before the Order expires, you can go to Court and complete a new Petition, explaining the reasons you need continued protection. The Court's decision to grant or deny your petition may depend on whether you are still being threatened, harmed or in danger and whether or not the Order has been violated.

   

• "What should I do if I lose my Order?"

  Go to the Clerk's Office at the Court from which you got your Order and ask for another certified copy. You should have access to a certified copy of your Order for Protection at all times.

   

• "Is an Order for Protection good outside the county where I live?"

  Yes, it is. An Order for Protection is enforceable throughout the State of Washington. It is also enforceable in all 50 states, the District of Columbia, Tribal Lands, and in U.S. Territories.

   

• "What will I need to be prepared for at the full hearing on my request for an Order?"

  Well...
  

  • Be on time.
  • Bring all of your paperwork with you.
  • Do not bring your children with you, if it is at all possible.
  • Talk directly to the Judge or Commissioner, and not to the Respondent.
  • Tell the truth.
  • Speak slowly and clearly.
  • Bring police reports and affidavits, if you have them.
  • If you do not have an Advocate or other support person to come with you, and if you feel you are not able to handle this alone, ask the Court if they can refer you to an Advocate.

   

• "What do I need to do after I get an Order for Protection?"
  
  • Keep a certified copy of the Order with you at all times. This is a copy that you will get from the Court Clerk...it has a special stamp on it and is probably marked "Certified Copy."
  • Give certified copies of the Order to someone who can keep it for you at places you frequent, for example, your work place, your child's day care, or your children's school.
  • Call 9-1-1 every time a provision of the Order is violated. Tell the Police you have an Order for Protection and then show them your certified copy. If the Respondent has not been served, the Police can serve the paperwork then and there.
  • Keep a notebook in which you can describe in detail any violations of your Order for Protection. Write down the name of the Police officer who responded to your call or was involved. Write down the case or report number if any. Police are required to file reports on their calls.

If you have questions which have not been answered here, or if you want more information, call the King County Protection Order Advocacy Program at (206) 296-9547 or (206) 205-7406. Staff are available at this Program from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for legal holidays.

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about order of protection for the state of Washington, check out  http://www.womenslaw.org/WA/WA_how_to.htm  for more information.   The information above was gathered from  http://www.metrokc.gov/dvinfo/dv6_0.htm .