Washington Protective Orders Laws

Protective orders, also known as restraining orders, provide legal safeguards to vulnerable individuals. This legal process often begins with filing a petition for protection order with the Washington State court.

This article offers an overview of Washington's protective order laws. It discusses the types of protective orders in the state, the activities the order addresses, its duration, and the penalties for violating it.

Legal Framework

The protective order laws of Washington state are codified under the Revised Washington Code. Two parties are often involved in the process. One is the “protected person,” the alleged victim seeking protection. The other is the “restrained person,” the alleged perpetrator from whom the victim is seeking protection.

Types of Protective Orders Available in Washington

The state of Washington offers various types of protective orders. Each type applies to certain situations:

• Domestic violence protection orders (DVPO): This shields the protected person against domestic violence or threats of domestic violence from intimate partners or family members. Another form of a DVPO is the Domestic Violence No Contact Order - Criminal, which the court can issue together with other criminal charges associated with domestic violence.
• Antiharassment protection orders (AHPO): This guards the protected person against unwanted contact that causes emotional distress. The order covers both single incidents and patterns of harassment.
• Stalking protection orders: This order protects against stalking behavior that causes the person to feel frightened, intimidated, threatened, or under duress. The restrained person is either aware or should be aware that their act causes these feelings against the protected person.
• Sexual assault protection order: This protects victims from nonconsensual sexual conduct. In this case, one incident of a nonconsensual sexual act is enough grounds for the issuance of this protective order.
• Vulnerable Adult Protection Orders: This order aims to protect vulnerable adults against various forms of abuse, financial exploitation, neglect, or threat of abandonment by the respondent.
• Extreme risk protection orders (ERPOs): This order temporarily prevents people at high risk of harming themselves or others from having access to firearms.
• Abused child restraining order: This provides early intervention to a child who disclosed physical or sexual abuse by a parent, family member, guardian, or other household member.
• Family law restraining order: The court issues this order in a family law case. It protects a person or a child against abuse, harm, or harassment in cases of ongoing divorce or parenting plans.

Activities Addressed by Protective Orders

Washington Revised Code addresses a wide range of activities a restrained person is prohibited from committing. The Washington district court can issue an order to avoid:

• Domestic violence
• Nonconsensual sexual conduct or nonconsensual sexual penetration
• Sexual abuse
• Stalking
• Cyberstalking
• Unlawful harassment
• Harassment

It also prohibits the restrained person from contacting the protected person and orders them to remain a certain distance from the protected person’s residence, workplace, school, daycare, and other locations where the protected person regularly visits.

In cases where the parties have children in common, the protective order can also make provisions related to the following:

• The temporary custody and care of the children
• Visitation with the children
• If necessary, professional supervised visitation

Duration of Protective Order

Details for the duration of protection orders are listed under Washington Code. When granting protection orders, the courts may issue either a temporary or permanent protection order. For most types of protection orders, the court orders a minimum of one year.

An exception applies if the protected person (petitioner) explicitly requests a shorter protection period. In cases of anti harassment orders, the court may also issue a temporary order for a period shorter than a year.

Court orders that restrict a person from contacting their minor children will be for a fixed period of less than a year. If the protection order is on behalf of the minor children of the restrained person (respondent), the court will inform the petitioner of other options to extend the protection order for more than one year. The petitioner can file a petition to renew the protection order or seek other relief.

The courts likewise have the discretion of issuing permanent protection orders in cases that require long-term safety for the protected person. Moreover, the petitioner can renew most of these protection orders if they need protection beyond the court order.

Understanding these durations is important for both the respondent and the petitioner. The petitioner should likewise be aware of the possible need for renewal or other legal action to maintain protection.

Penalty for a Violation of Order

A gross misdemeanor is the typical penalty for violating certain provisions of a protection order. The court may also ask for electronic monitoring of the violator and impose an additional fine for violations of domestic violence protection orders.

For violations that do not amount to first or second-degree assault, Washington law classifies them as Class C felonies. It is also a Class C felony if the violation recklessly creates a high risk of death or serious physical injury. If the offender has two prior convictions for violating a protective order, subsequent violations are also Class C felonies.

Law enforcement officials can arrest the restrained person without a warrant if the officials believe that they have probable cause that the person violated a type of protective order. The court can likewise issue a contempt of court if the respondent violates the protection order. A contempt of court can also subject the respondent to additional fines.

These penalties apply to different types of protection orders. It includes protection orders for domestic violence, stalking, sexual assault, and vulnerable adults.

Eligibility To Apply for a Protective Order in Washington

Any individuals seeking a protective order for themselves can apply. Adults can also apply for a protective order on behalf of a minor family or household member. In addition, the Department of Social and Health Services may also seek a protective order on behalf of and with the consent of any vulnerable adult.

Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.

Research the Law

• Washington Law
• Official State Codes -- Links to the official online statutes (laws) in all 50 states and D.C.

Washington Protective Orders Laws: Related Resources

• Orders of Protection and Restraining Orders
• Domestic Violence

Get Help With a Protective Order Today

Learning about your rights and the available legal civil protection orders is crucial to ensure your well-being and safety. If you or someone you know needs a protective order, do not hesitate to take action by filing a petition for a temporary protection order.

For additional information, contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. You can also seek legal advice from an attorney near you.

If you've been targeted by a protective order, it's important to know what you're facing. Consider consulting with a Washington criminal defense attorney. They'll examine your case, explain your options, and be at your side in court.