Washington Domestic Violence Laws

Suffering abuse from another person is something nobody should have to endure. This is even more true when the abuser is someone close to the victim. Domestic violence crimes are abusive acts committed between people who are family or household members. Washington has laws in place to provide relief for victims of domestic violence.

The legalese surrounding domestic violence laws in Washington is complex and difficult to parse. This article will explain the state of Washington‘s definition of domestic violence, how the legal system treats the crimes, and the protections available for victims. Read on for a better understanding of domestic violence laws in Washington.

Washington Domestic Violence Laws: The Basics

Domestic violence crimes are about power and control. While the name suggests physical violence, other types of abuse are employed as well by abusers to keep victims feeling helpless and in fear. Not every abusive crime is domestic violence in Washington. Let’s review the requirements.

Domestic Violence in Washington State: The Participants

As the name suggests, domestic violence crimes take place between people at or close to home. In Washington, the people involved must be family members, household members, or intimate partners. Those considered family and household members are:

• Adults related by blood (consanguinity)
• Adults related by marriage (in-laws and stepfamily)
• Adults related by domestic partnership
• Family related by adoption
• People who reside together
• People who resided together
• Parents and children, including stepparents, stepchildren, grandparents, grandchildren, or a parent’s intimate partner and children
• A legal guardian
• Someone who was a legal guardian

Intimate partners are considered the following:

• Spouses or domestic partners
• Former spouses or former domestic partners
• People who have a child in common
• People who have a dating relationship where both persons are at least 16 years of age
• People who had a dating relationship where both persons were at least 16 years of age
• People at least 16 years of age who reside together and are dating
• People at least 16 years of age who reside together and have dated

Domestic violence crimes cannot take place between strangers or casual acquaintances. Being stalked by someone you dated and lived with can qualify as domestic violence. If a coworker stalks you, it’s not domestic violence but still very much a crime.

Domestic Violence in Washington State: Qualifying Crimes

The people involved are half of the requirement for a domestic violence classification. The other part is the offense committed. Washington legal codes list the abusive crimes it considers eligible for consideration as domestic violence criminal acts:

• Assault in the first degree
• Assault in the second degree
• Assault in the third degree
• Assault in the fourth degree
• Drive-by shooting
• Reckless endangerment
• Coercion
• Burglary in the first degree
• Burglary in the second degree
• Criminal trespass in the first degree
• Criminal trespass in the second degree
• Malicious mischief in the first degree
• Malicious mischief in the second degree
• Malicious mischief in the third degree
• Kidnapping in the first degree
• Kidnapping in the second degree
• Unlawful imprisonment
• Violation of the provisions of a restraining order, no-contact order, or protection order
• Rape in the first degree
• Rape in the second degree
• Residential burglary
• Stalking
• Interference with the reporting of domestic violence

Other crimes can also qualify, depending on the situation. If people in a qualifying relationship commit one of the offenses above, it’s domestic violence. If the act isn’t domestic violence, it’s still a crime and prosecutable. It won’t be eligible for protections and programs available for domestic violence victims.

Washington Domestic Violence Laws: Types of Relief and Penalties

Washington has protections and programs in place to help victims break the relentless cycle of abuse caused by domestic violence. There are domestic violence advocates who offer assistance as well. There are stiff penalties for abusers. Knowing the available types of aid in Washington is crucial, so let’s explore them.

Washington State Domestic Violence Protection Orders (DVPO)

If you’ve suffered domestic violence, a Washington domestic violence protection order (DVPO) is an effective form of protection available to you. A DVPO isn’t foolproof, but the provisions it carries can keep the abuser away from the victim.

To apply for a DVPO, you’ll need to fill out the required forms. This can be done at the courthouse, but you can also fill them out at home or with the help of a domestic violence advocate. There is no charge for filing. Once you apply, a judge or commissioner may speak with you (petitioner). If the court agrees that an immediate danger of abuse exists, an ex parte temporary DVPO is issued.

Ex parte temporary DVPOs are issued without hearing from the abuser (respondent). The respondent is served the order by law enforcement. You are not permitted to serve the order to the respondent, nor should you try to. Temporary DVPOs last for 14 days or until your case hearing. They can last for 30 days if the respondent is served by mail.

DVPOs contain provisions based on the particulars of each case. You can request specific conditions. The court may include those it feels are necessary. While DVPOs differ, some relief provisions are common inclusions:

• The abuser must not commit any further acts of domestic violence against the victim
• The abuser must obey a non-contact order with the victim
• The abuser must vacate a shared residence and not return
• The abuser must stay away from the victim’s residence, workplace, school, daycare, or school of a minor child (1000 feet is a common distance)
• The court may set temporary child custody and child visitation parameters, which may include supervised visitation or denial of visitation for the abuser
• Mandatory participation by the abuser in a state-certified domestic violence perpetrator treatment program
• A mandatory mental health or chemical dependency evaluation for the abuser
• Ordering the respondent to switch schools if the threat to the victim outweighs the rights of the abuser
• Order the abuser to pay the legal fees of the victim
• Forbidding the abuser from harassing the victim by any means, including through social media
• Ordering electronic monitoring of the abuser and requiring the abuser to pay all costs
• Ordering the abuser to surrender all firearms and ammunition and not to possess either during the duration of the DVPO
• Order possession or custody of shared personal items, which includes pets
• Order possession of a vehicle or vehicles
• Forbidding the abuser from filing abusive litigation
• Forbidding the respondent from committing acts of abandonment, abuse, neglect, or financial exploitation against a vulnerable adult
• Require an accounting by the respondent of the disposition of the vulnerable adult’s income or other resources
• Restrain the transfer of either the respondent‘s or the vulnerable adult’s property, or both, for a specified period not exceeding 90 days
• Order financial relief and restrain the transfer of jointly owned assets
• Ordering the abuser to surrender intimate images of the victim

The court can include any condition it considers necessary for the victim’s safety and well-being. Provisions in a temporary DVPO often remain in a full domestic violence protection order. Amendments and additions are permitted.

Even if the court doesn’t grant you a temporary DVPO, you can make your case for a full DVPO at the case hearing. You’ll also have a case hearing if the respondent opposes the order. At the case hearing, each person tells their side of the story, presents evidence, and calls witnesses.

If the court feels the threat of domestic violence is ongoing, the full DVPO is issued. A permanent duration is possible, or the court will set the duration for a fixed period. There is a maximum of one year for full DVPOs that impose restrictions on visitation rights. Orders are renewable up to 90 days before expiration.

Any DVPOs issued in Washington remain in effect anywhere in the United States under federal law as per the Violence Against Women Act (VAWA). This means that orders from outside the state are valid in Washington as well.

Domestic violence crimes often carry enhanced penalties. Abusers who violate DVPOs face stiff penalties. Violations are considered contempt of court. The punishments are based on the type of offense used to violate the order and the frequency of violations:

• If the offense is a misdemeanor or gross misdemeanor, violators face up to 364 days in jail and a fine of up to $5,000
• If there have been more than two previous violations or the violation involves assault, penalties include up to five years in prison and a fine of up to $10,000

The penalties apply to both temporary and full DVPO violations. If you have further questions about protective orders in Washington, FindLaw’s Washington Protective Orders Laws article should have the information you’re looking for.

Address Confidentiality Program (ACP)

The Washington State Address Confidentiality Program (ACP) helps victims who have fled their abusers keep their new address hidden. A second legal address is issued to the victim and used for public records, such as a driver’s license or voter registration. First-class mail is forwarded to the true address. The ACP can’t hide property records. There’s no charge for the ACP.

Hope Cards (In effect 1/1/2025)

Hope Cards contain pertinent information and scannable links about a victim’s DVPO on a wallet-sized card. This allows law enforcement to gain instant access to the provisions of a DVPO. There’s no charge for Hope Cards.

Breaking a Lease/Changing Locks

Whether a victim flees a rental property or wishes to remain, Washington law has provisions to help. Victims can make a legal break of a lease by providing a written letter and showing proof of their DVPO within 90 days of the abusive act(s). They are liable for paying the rent for the last month they’re there. Victims also have the legal right to change the locks at their own expense, provided they give notice to the landlord.

Protections Against Abusive Litigation

Some abusers will file so-called “nuisance” litigation designed to harass victims or try to learn their new location. Washington law has a specific code designed to keep abusers from doing this. Victims may file for this protection with the court.

Washington Domestic Violence Laws: Summary

There’s a lot to know about domestic violence laws in Washington. We’ve gathered what you learned above in the table below, along with links to important domestic violence codes in Washington.

Washington State Domestic Violence Laws: Additional Resources

• Domestic Violence FAQ
• Find a Washington Court Near You
• Washington State Coalition Against Domestic Violence
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Building a Safety Plan (NDVH)

Discuss Domestic Violence Charges With a Washington Attorney

If you’ve suffered sexual assault, emotional abuse, or any other type of domestic abuse, it’s time to get help. Call 911 if you’re in immediate danger. For help navigating Washington’s legal system, speak with a family law attorney. An expert in Washington state law can make sure you know your protections and will help you escape a life of abuse.

If you find yourself facing criminal charges for domestic violence offenses, it’s a good idea to consult an experienced Washington criminal defense attorney. An expert in domestic violence cases can examine your case, explain your options, and stand with you through all legal proceedings.