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Frequently Asked Questions

This FAQ page provides answers to common questions about obtaining and enforcing protection orders and supporting people who are seeking them.

Victims, Survivors, and Advocates

What is a protection order?

A protection order is a civil court order designed to safeguard an individual from harm or threats by another person. It is filed by the petitioner (the person seeking protection) against the respondent (the person alleged to have caused harm, sometimes referred to as the “restrained person”).

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

  • Domestic Violence Protection Order
  • Sexual Assault Protection Order
  • Stalking Protection Order
  • Anti-Harassment Protection Order
  • Vulnerable Adult Protection Order
  • Extreme Risk Protection Order

Visit our protection order page for more information.

How do I file for a protection order?

Petitioners (the person requesting the protection order) must complete the required forms and submit them to the court. A judge will review the petition and decide if the legal criteria have been met. If so, a temporary order (lasting up to 14 days) will be issued. A full hearing, where the petitioner can seek a longer order (often 1 year) is typically scheduled within 14 days of the petition being filed. Visit our filing page for more information about the process.

How does a protection order affect child custody?

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 the respondent’s access to children or specify conditions under which visitation can occur, such as supervised visits.

Will I be able to include my children on the protection order?

Petitioners can ask the court to include their children as protected parties on the order. In cases where the children are in common with the restrained person, the court can include provisions to protect children and may include temporary custody or visitation considerations but a protection order is not a formal “child custody order” or parenting plan. For more information, visit our FAQs or talk to a lawyer or advocate.

Can I get a protection order if I am a minor?

Yes, in Washington State, minors can obtain protection orders if they are 15 years of age or older. If the minor is under 15, a parent or guardian will need to be involved in the process. A parent or guardian can file the petition on behalf of the minor and assist with court proceedings. The minor, along with their parent or guardian, will also need to attend a court hearing where the judge will consider the request for a protection order.

Can firearms be removed as part of the protection order?

Yes, as part of both temporary and full protection orders, the courts may issue what is referred to as an Order to Surrender & Prohibit weapons, which prohibits the respondent from purchasing, possessing, or accessing firearms and requires the temporary removal of all firearms the respondent may have. Petitioners can request the removal of firearms on the petition form, and, in some circumstances, the court is required to prohibit firearms, whether or not the petitioner requests it. If an Order to Surrender & Prohibit weapons is issued, it will be in effect for the duration of the protection order.

How long does a protection order last?

Temporary orders last until the hearing (usually within 14 days). Full orders can last for one year or more and may be extended.

How do protection orders help with safety?

While the specific protections will vary depending on the type of order and the severity of the case, protection orders can:

  • Prohibit contact of any kind, including cyber harassment, and be tailored to individual needs
  • Prohibit the respondent from knowingly coming within a specific distance of the petitioner, the petitioner’s work place, school, residence, etc.
  • Remove the respondent from a shared residence and prohibit them from entering
  • Give temporary custody of children to the petitioner and set visitation schedules
  • Grant the petitioner access to essential possessions, such as vehicles, medicine, and pets
  • Order the respondent to surrender, and prohibit the possession of, firearms, dangerous weapons, and any concealed pistol licenses
  • Require the respondent to attend treatment or counseling

What happens if my protection order is violated?

Sometimes the respondent will violate the order in some way and it is important to take immediate action to hold them accountable. A protection order violation is a criminal matter, and will likely require contact with law enforcement and documentation of the violation.

Some actionable steps include:

  • Calling the police if you feel threatened
  • Documenting the violation. Keep detailed records of dates, times, locations, descriptions of events and any witnesses present
  • Contacting a lawyer
  • Updating your safety plan
  • Contacting an advocate or other source of support to discuss safety planning, identifying resources, and next steps

If I move out of state after getting a protection order, does it still apply?

Yes, a protection order typically remains valid if you move to another state. Under the Violence Against Women Act (VAWA), protection orders issued in one state are recognized and enforceable in all 50 states, the District of Columbia, tribal lands, and U.S. territories. This is due to the Full Faith and Credit Clause, which requires that protection orders be given the same effect in the new jurisdiction as they have in the issuing state.

It is advisable to keep a copy of the certified order with you and have it readily accessible. Some other considerations include: registering the order with the new state, informing law enforcement about your protection orders, consulting a lawyer, and updating your emergency contacts and safety plan for your new location.

Can I file for a protection order if I am an undocumented immigrant?

Yes, but you may want to talk with an advocate or attorney before filing, if possible, so you can make an informed decision about whether to file or not. The Federal Violence Against Women Act (VAWA) provides “that all battered immigrant women have full access to protection orders, can report domestic violence crimes, and can have their abusers prosecuted in the same matter as any other battered woman even if they do not have legal immigration status. Speak with a lawyer for more information.

What happens if the judge denies my temporary order request?

If the judge denies your request and you feel that you are at risk, the first thing to do is make sure you have a safety plan in place. Additional actions to take to address the situation include:

  • Understand why the request was denied. You may need to gather more evidence and once you have done so, you can choose to refile or file an appeal.
  • Reach out to an organization or advocate that helps with protection orders (several are listed on our Resources page) or consult with a lawyer who specializes in protection orders.

What evidence is needed to support my petition?

When working on your statement for the court, it’s important to provide as much detail as possible and any documented evidence you might have, such as police reports, medical records, witness statements, text messages, etc. For more detailed guidance on writing a strong statement, visit our statement writing tips.

What resources are available to help me?

There are many organizations throughout the state that can provide support and guidance to help you navigate this process. Several jurisdictions also have protection order advocates to help as part of the court process. Visit our resources page for more information.

Respondents

How was the protection order issued without my presence?

Courts can issue a temporary protection order “ex parte,” meaning without the respondent’s presence, if it appears from the information in the petition that immediate action may be needed. Temporary orders are issued in urgent situations without prior notice to the respondent, and are often used to address immediate concerns and prevent possible harm.

The process for obtaining a temporary order involves the petitioner filing a petition along with any supporting evidence. A judge often rules on the same or next business day to ensure timely intervention. Then a full court hearing must be held, usually within 14 days, offering the respondent a chance to contest and present their side, so that the judge can decide if a full protection order, usually lasting for one year, should be ordered.

Can I contest the protection order?

Yes, when you are served with the protection order, you will also receive notice of the date, time, and location of the court hearing, where both the petitioner and the respondent have the opportunity to present their case. At the hearing, you can present evidence and testimony to the judge who will decide whether to issue a full protection order.

Do I need an attorney?

While not required, having an attorney can be beneficial. They can help you navigate the legal process, prepare your defense, and advocate on your behalf in court.

What if I accidentally violate the order?

If you inadvertently violate the order, document the circumstances and contact your attorney immediately. It’s important to demonstrate that the violation was accidental and unintentional.

How long does a protection order last?

Temporary orders usually last for 14 days, until the full protection order hearing. Full orders last for a set period, such as one year, unless the court determines a longer period of time is needed.

Will a protection order affect my criminal record?

Violating a protection order can result in criminal charges, which would appear on your record. The order itself may not appear on a criminal record unless violated.

Can I contact the petitioner indirectly?

Generally, any form of contact, direct or indirect, may violate the order. This includes messages through third parties or social media. Always adhere strictly to the terms of the order.

What should I do if the petitioner contacts me?

Even if the petitioner initiates contact, you should not respond or engage. Document the contact and inform your attorney. Responding could still be seen as a violation of the order.

Will a protection order impact my employment?

Being named as a respondent in a protection order could possibly impact your employment, but it depends on several factors such as: the nature of your job, the specifics of the protection order and the employer policies. Contact a lawyer or speak to your employer if you have concerns.

Law Enforcement

How can I help victims and survivors?

Victims and survivors of protection orders are often in high-risk or dangerous situations. The first and most important thing to do is listen to the victim, use a trauma-informed approach, and understand the possible risks. Be familiar with lethality screens and other risk assessment tools.

How do I enforce a protection order?

Officers enforce protection orders by

  • swiftly serving the order
  • explaining to the respondent at the time of service how important it is that they fully comply with the order
  • responding to violations
  • verifying the existence and terms of the order
  • taking appropriate action, which may include arresting the violator
  • removing all firearms, dangerous weapons, and any concealed pistol license if the court has also issued an Order to Surrender & Prohibit Weapons or an Extreme Risk Protection Order, and filling out the firearms receipt and the proof of service form (PO 004) completely and filing it with the court

How can officers verify the validity of a protection order?

Officers can verify protection orders through local or national databases, such as the National Crime Information Center (NCIC), or by contacting the issuing court directly.

If the order is not in the system, ask the protected person if they have a copy of it or if they have a Hope Card (a wallet-size card with the protection order number and other information on it), and verify the authenticity with the issuing court.

How do I learn more about ERPOs?

For more information about the role of law enforcement officers in protection orders, visit our law enforcement page.

Additionally, the National ERPO Resource Center has more information about ERPOs in Washington and law enforcement’s role in ERPOs.

Media

How can I balance the need for transparency with the safety of the petitioner involved?

You can balance transparency with safety by:

  • Using pseudonyms or anonymizing sources if necessary.
  • Blurring or obscuring sensitive details (e.g., addresses or personal information) that could compromise someone’s safety.
  • Consulting with the survivor or their legal representative to determine what can and cannot be shared publicly.
  • Being mindful of the impact that publishing certain details could have on ongoing investigations or legal proceedings.

How can journalists ensure they are not perpetuating stigma or bias when reporting on protection orders?

Journalists can play an important role in spreading the word about protection orders and helping more victims and survivors achieve safety. To achieve this, use respectful language, avoid victim-blaming, and provide context to help the audience understand the seriousness of the situations that lead to protection orders being issued.

Are protection orders public records?

In Washington State, protection orders are public record, however, sensitive details, such as the names of minors, might be redacted to protect the privacy of the individuals involved.

I am looking for statistics about protection orders for my article. Where can I go?

Visit our general page for statistics and policy information. For detailed information about ERPOs in Washington visit the Washington State ERPO dashboard.

Extreme Risk Protection Orders (ERPOs)

For information about Extreme Risk Protection Orders, visit our ERPO page.

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