Skip to main content

Information for Respondents

If you are served with a civil protection order, it is important to read through all of the materials you were given so you understand what the court has ordered you to do, or not do, and why.  Please be aware of and plan to attend the hearing date assigned to your case to address the protection order.  This will be your chance to tell the court what you would like them to know about the situation.  If you have an attorney or would like to hire one, it is important to reach out to one right away.

This information is not a substitute for actual legal advice.  It is basic information about protection order processes only.

What is a Protection Order?

A protection order* is a civil court order that can legally restrict someone from committing future acts of harm or threats against the person who is protected by the order. Protection orders are filed by a petitioner, the person requesting protection from harm, against a respondent, the person restrained by the order.

There are six types of civil protection orders available in Washington state that vary depending on the type of harm experienced and the relationship between the petitioner and respondent.

  1. Domestic Violence Protection Order
  2. Sexual Assault Protection Order
  3. Stalking Protection Order
  4. Anti-Harassment Protection Order
  5. Vulnerable Adult Protection Order
  6. Extreme Risk Protection Order**

*In other states, a protection order may also be referred to as a protective order or a restraining order.

**Extreme Risk Protection Orders (ERPOs) are sometimes referred to as “red flag laws.”

Learn more about protection orders

Protection Order Process for Respondents

As the restrained party on the order, it is important to understand what the court order is directing you to do or not do.  You will have a hearing where you will have an opportunity to respond to the allegations in the petition for the protection order.  Below are some general steps in the protection order process.  Processes may vary by court, but generally involve the following steps:

1. Service of the order: You will be served with:

  • A copy of the petition for the protection order
  • A temporary protection order (TPOs) issued by the court with a Notice of Hearing date and time (1st page, upper right-hand side of the order)
  • In some cases, an Order to Surrender & Prohibit Weapons (Issued Without Notice)
2. Review the order: Carefully read the order and understand the restrictions it places on you. Violating the order can have civil or criminal consequences. Reach out to an attorney, if you want to be represented for the hearing
3. Prepare for the hearing:. You have the right to appear and be heard at the protection order hearing.  The hearing is scheduled within a specific timeframe, often within 14 days of the temporary order being issued.

  • Gather evidence: Collect any evidence that supports your case, such as messages, emails, or witness statements.
  • Consider legal representation: An attorney who can help you navigate the legal process and present your case effectively.
  • Plan your testimony: Be prepared to provide your account of events and any evidence that supports it.
4. Attend the hearing(s) and present your case. Attending the hearing is important. It gives you the opportunity to present your case. Failing to appear may result in the court granting a full protection order against you (typically 1 year). At the hearing, both parties will have the opportunity to present their evidence and testimony. The judge will consider all information before making a decision.
5. Judge’s Ruling: The court will decide whether to grant a full protection order or deny it, based on the evidence and testimony provided during the hearing.  The burden of proof is a preponderance of evidence.
6. Compliance: If a protection order is issued, follow the terms of all orders that are issued.  This is an important way to avoid other civil or criminal penalties. Violating a protection order or failing to comply with its requirements may result in other civil penalties or criminal charges. Review the Compliance section below.
7. Modification or termination: If circumstances change, you may be able to request a modification or termination of the order, but this typically requires showing a significant change in circumstances and will involve another court hearing.

Compliance

It’s important that you comply with the Protection Order and any Order to Prohibit & Surrender Weapons that may have been issued, as noncompliance can lead to other legal consequences. The specific penalties can vary depending on the nature of the violation, but generally, the following consequences may occur.

Criminal charges: Violating a protection order is often considered a criminal offense. You may be charged with contempt of court or a similar offense, which can lead to arrest and criminal prosecution.

Fines and penalties: If found guilty of violating the order, you might face fines, which can vary in amount depending on the severity and circumstances of the violation.

Jail time: In some cases, especially if the violation is severe or repeated, you could face jail time. The length of imprisonment depends on the laws of the jurisdiction and the specifics of the violation.

Additional legal action: The violation of a protection order can lead to further legal actions against you, including new charges or the strengthening of existing orders. It may also impact any related legal proceedings, such as custody or divorce cases.

Impact on future cases: A history of violating protection orders can negatively affect future legal proceedings, such as custody battles or attempts to modify existing orders.

Impact on employment and other areas: A criminal record resulting from a violation can affect employment opportunities, housing applications, and other areas of your life where background checks are conducted.

Child custody: If child custody is involved, it is important to understand how the order might affect your custody rights and responsibilities. Here are key considerations:

  • Temporary changes: A protection order might include temporary provisions regarding child custody or visitation. These provisions are legally binding and must be followed.
  • Custody and visitation rights: The order may restrict your access to your children or specify conditions under which visitation can occur, such as supervised visits.

Given these potential consequences, it is important to take any protection order seriously and comply fully with its terms. If you disagree with the order or believe it is unjust, you should seek legal counsel to explore your options for modifying or contesting the order through appropriate legal channels. If you find compliance challenging, an attorney can also help you understand your rights and obligations under the law.

Respondent Resources

Being in situation where a protection order has been sought against you can be stressful.  When issuing protection orders, the court wants to keep everyone safe.  There are services available to help support you if any of these things are true for you.

If you are thinking about suicide or have thought about or attempted suicide before, help is available.

If you are in immediate danger or experiencing a life threatening emergency: Call 911

988 Suicide & Crisis Lifeline

If you or a friend are experiencing thoughts of suicide, 988 can support you in your immediate crisis, and connect you with follow-up resources. Open 24/7, available in English and Spanish.

Call or Text 988 for the Suicide and Crisis Lifeline

Visit website

SAMHSA Help Line

The Substance Abuse and Mental Health Services Administration (SAMHHSA) provides help for mental and substance use disorders, prevention, and recovery. This is a free, 24-hour, confidential treatment referral and information service. (English & Spanish)

Call 1-800-662-HELP (4357) or visit SAMHSA’s website.

Visit website

Washington State Department of Health Suicide Prevention

The Department of Health does not provide crisis services, but has a list of resources, ways to find therapists, and advice from suicide attempt survivors.

Visit website

Talk to a lawyer

Depending on your situation, legal aid organizations may offer free legal representation or advice to respondents in protection order cases.  You also have the right to hire a private attorney to represent you in the protection order case.

Visit website

Frequently Asked Questions

Do I need an attorney?

While not required, you may prefer to have an attorney represent you.  An attorney can help you navigate the legal process, prepare your response, and advocate on your behalf in court.

How long does a protection order last?

The duration of a protection order may vary. Temporary orders are in place for 14 days but may be continued if service has not occurred or one or both parties need time to prepare. A full protection order is typically in place for one year, but can be longer in some situations.

What happens to my firearms?

If the court has issued an Order to Surrender & Prohibit Weapons, you must immediately turn your firearms in to your local law enforcement agency.  They will issue you a Receipt and will properly store all of your items for you for the duration of the order.  Once the order expires, you can contact the department and ask for your items to be returned.  They will be returned unless there are other firearm prohibitions in place. Visit our FAQ page to learn more.

What do I do if I’ve been served an Extreme Risk Protection Order?

If you are a respondent to an Extreme Risk Protection Order (ERPO) in Washington State, the response needs and considerations are somewhat different from those related to other types of protection orders. An ERPO is specifically designed to temporarily restrict a person’s access to firearms if they are deemed to pose a significant risk to themselves or others. Learn more about ERPOs.

See all FAQs

If you are experiencing a life threatening emergency:

Call 911 or

Call/Text 988 for the Suicide and Crisis Lifeline

Your safety is our priority. If you need to leave this site quickly, click the red "Exit" button at the top right of your screen. This will immediately redirect you to Google.com to help protect your privacy.

After using the Exit button, remember to clear your browser history and your cache to ensure your visit remains private. Consider using a public or friend’s computer for safer access.

Internet usage can be monitored and is impossible to erase completely. If you have concerns about internet safety, call the National Domestic Violence Hotline at 800.799.SAFE (7233).