Domestic Violence Order for Protection

Antiharassment Order for Protection

Criminal Order RCW 10.99

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.)  Department of Social and Health Services (DSHS) may petition on behalf and with the consent of a vulnerable adult.

Persons who are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose.  Person may or may not have a relationship with the person harassing them.  Parents may petition on behalf of a child against an adult or, in some circumstances, against a minor.

A person who has reported to the police an incident involving domestic violence as defined in RCW 10.99.020.  Criminal charges must be pending or filed.  May be a condition of sentencing.

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.

*  Be tailored to individual needs.

*  Prohibit harassment and contact of any kind.

*  Restrain party from coming within a specific distance from petitioner’s work place, school, residence, etc.

Prohibit contact of any kind; prohibit the abuser from knowingly coming within or staying within a specific distance of a location.  Protects the victim in an active case while waiting for trial and sentencing.  The order can also be a condition of sentence and effective up to the statutory maximum sentence and/or until probation is concluded. 

How is an Order Obtained?

An order can be obtained in district, municipal, or superior court.  The person completes paperwork which the court reviews. The court will grant or deny a temporary emergency order effective for up to 14 days.  The petitioner arranges for the other party to be 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 a full order effective for up to one year or more.  The hearing may be by telephone in special circumstances.Forms and instructions are provided by the Clerk’s Office.

Can be obtained in district or superior court.  Superior court only when respondent is under age 18.  The person completes paperwork which the court reviews. 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.

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.  The prosecutor may ask the court for a protection order regardless of the victim’s wishes.  The order may be obtained in district, municipal or superior court.  (In some jurisdictions, orders are issued via the police or jail.)

What is the Cost?

No Cost.

Filing fee is $73.00.  Additional costs can include copy, service and local surcharge fees. Fees may be waived.  Petitioner may be required to pay minor respondent’s guardian ad litem fees.

No cost.

How is an Order Modified or Terminated?

While the order is in effect, either party may file a motion to modify (change) or terminate (end) the protection order and arrange to serve the other party with the motion and the notice of hearing.  At the hearing the court may modify or terminate the order for protection. 

An emergency order terminates after 14 days or the date of the hearing, whichever occurs earliest.  The full order for protection terminates after the ending effective date listed on the order. 

If the petitioner does not want an order to terminate after the effective date on the order, the petitioner may file a petition for renewal of the order for protection and arrange to serve the other party with  the motion and notice of hearing.  At hearing, the court may grant the motion and enter a new protection order, or deny the motion.

While the order is in effect, either party may file a motion to modify (change) or terminate (end) the protection order.  The other party is served with the motion and the notice of hearing.  At the hearing the court may modify or terminate the order for protection. 

An emergency order terminates after 14 days or on the date of the hearing.  The full order for protection terminates after the expiration date listed on the order. 

If the petitioner does not want an order to terminate after the effective date on the order, the petitioner may file a petition for renewal of the order for protection.  The other party is served the motion and notice of hearing.  At hearing, the court may grant the motion, and enter a new protection order, or deny the motion.

The no-contact order terminates upon the expiration date listed in the order, or upon dismissal of the charges, or upon a not guilty verdict.  The order may be modified or terminated by the court before the expiration date.  The victim may contact the prosecuting attorney to ask the attorney to file the motion for modification or termination of the order.  The defendant or his or her attorney may file the motion. 

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.

Violator may be arrested.  Possible criminal or contempt charges.

Mandatory arrest.