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Protection Order Information for Advocates

Advocates play a critical role in supporting survivors across a wide range of needs including critical safety planning and technical support with DV related legal actions. Below you will find basic protection order information to help support your clients who may be in the process of seeking a protection order. Your help and support in the process is important.

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 for 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 restrained person. 

  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 ordersProtection order decision tree

Are you a respondent in a protection order case? Learn more about the process.

Respondent information

Deciding whether or not to file a protection order is a big decision. Below are some important things the survivor may want to consider so they can make a more informed decision. Discussing these topics with an advocate can help survivors weigh the costs and benefits of filing based on their own experience.

  • Help petitioners learn about the different types of protections available so they can narrow it down to the one that best meets their situation. Visit our protection order decision tree for guidance.
  • Protection Orders are public records. Once a petitioner files, their abuser will be served with the petition and any orders so will know the information the survivor shared with the court. (Alert: Petitioner’s address does not need to be on any document that needs to be served on the restrained party).
  • Remind them that a protection order is a formal lawsuit. There are specific procedures to follow and burdens of proof they will need to meet for the court to grant their request. Drafting a complete petition and preparing for hearings is important.
  • A Temporary Protection Order (TPO) may be granted if the court finds it is legally appropriate to enter the order before giving notice to the restrained person.
  • Once a TPO is signed by a judicial officer, it is a valid order, however for the temporary order to be considered enforceable the restrained party needs to be served (proof of service in the court file) so they are aware of the order and its restraints.
  • Drafting the petition for a temporary protection order can bring up a lot of emotions as petitioners must often revisit painful memories or experiences. You can support and encourage them through this process.

Safety Planning

Filing for a protection order knowing the other party will soon know about it may feel scary and overwhelming. Anytime a protection order is sought, it is best to engage in safety planning strategies. Survivors know their situations best and it can be helpful to engage in safety planning to help lower their risks of potential retaliatory violence or other harms. A safety plan is a personalized, practical plan to improve safety and well-being while experiencing abuse, preparing to leave an abusive situation, or after leaving.

Filing for a protection order has many steps and is best done by making an informed decision about whether a protection order is right for you. Your safety is of utmost importance. Before filing, consider creating a safety plan to help anticipate and address potential areas of risk or exposure to harm. A safety plan is a personalized, practical plan designed and informed by your experience and knowledge of the person causing harm. Safety planning is an ongoing process to help mitigate risk if you are experiencing abuse, preparing to leave an abusive situation, or stay safe after you leave.

Learn more

Filing Process

When filing a protection order, specific forms need to be completed and submitted to the petitioner’s local court detailing the abuse, threats or harm they have experienced. A judicial officer will then review the request (petition) and may issue an immediate, temporary order, followed by a hearing to determine if a longer-term order if necessary (often 1 year). Make sure you have a clear understanding of the protection order filing process so you can alert them of the timelines of the process and the materials they will need to complete and file with the court.

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Statement writing tips

Helping the petitioner write a strong statement is an important way to offer support. Attending a hearing in open court with the person who has caused harm can be intimidating, but preparation, and knowing what to expect can help make the experience more manageable. Having a strong written statement (narrative in petition) already filed with the court is a good foundation. Petitioners are allowed to bring notes to help them if they are nervous and can help reduce some of the stress of being in court hearing. There are often time limits for the hearings so having a complete statement and notes to help present the case at the hearing can be really helpful.

Learn more

Prepare for hearings

Hearings take place in court (either in person or remotely) and are open to the public. If possible, it can be helpful to have the victim observe a hearing virtually or in person so they know what to expect ahead of their own, recognizing that the facts of the observed case may be different.

Learn more

Trauma and PTSD

People who have experienced trauma or who have symptoms of or been diagnosed with PTSD may have trouble with sequential memory.  This may  make it difficult to recall details of abuse, especially if there have been multiple incidents.  When drafting the petition or preparing for the hearing, encourage survivors to recall the details of the incidents of abuse (threats or harm) by going slowly, giving plenty of time to process and respond.  It is important to listen to their responses and ask questions if anything is confusing.  Be supportive and patient.  For some survivors, prompting them with questions about how they felt during the incident may help with recall and can also inform the court of the severity of the situation.

To help with timeline ask questions such as:

  • Did this incident happen last week? Last month? Last year? 10 years ago?
  • Can you remember if your kids were there? If so, how old were they? Was it around a birthday or holiday?
  • Were you working at the time? If so, do you remember what job you had?
  • What was your living situation? What city did you live in? What house or shelter were you staying in?
  • Were you single or married at the time?

Focus on sensory memory with questions such as:

  • Can you remember the season? Was it cold or warm outside? Was it close to a holiday? Was it day or night?
  • Do you remember any particular smells?  Did you recognize a specific cologne? Could you smell a BBQ?  
  • Did you hear any particular sounds? Was there music playing? Did you hear a crowd?

Ask general open response questions such as:

  • Wow, that sounds really scary. What was going through your mind while that was happening?
  • What were the outcomes of this event?
  • Did you experience any injuries?
  • Were any friends or relatives present?

Protection Orders and Firearm Removal

Washington state law allows courts to order the temporary removal of firearms, and establish firearm prohibitions for the restrained party, when entering a protection order. Petitioners can formally request the removal of firearms in their protection order petition or a judge can order the removal of firearms if they believe the restrained person’s access to or ownership of firearms poses an immediate threat to public safety, to an individual or if other conditions are met.

What is the process for requesting firearm removal?

  • When filling out the Petition for Protection Order, indicate in “Section 12” and/or ‘Section O’, your request for surrender/prohibition of weapons.
  • When attending ex parte court, the judge can order the temporary removal of firearms and a prohibition from firearms, if they believe the restrained person’s guns pose an immediate threat to public safety or an individual.
  • At the full court hearing, the judge can issue an Order to Surrender & Prohibit Weapons (OTSW). After an OTSW is issued, the respondent may not possess, control, access, purchase or receive firearms for the duration of the order and must immediately turn in any and all firearms (or any other dangerous weapons) and concealed pistol licenses to the police. Law enforcement will hold and properly store the items while the order is in place.

What is the process for physical removal of firearms?

  • When an OTSW is issued, respondents must immediately surrender all firearms and dangerous weapons to the law enforcement officer serving the protection order.
  • At the time of surrender, a law enforcement officer taking possession of firearms, dangerous weapons, and any concealed pistol license shall issue a receipt identifying everything that was surrendered and provide a copy of the receipt to the respondent.
  • The law enforcement agency shall file the original receipt with the court within 24 hours after service of the order and retain a copy of the receipt, electronically whenever electronic filing is available.

More Information

For more information about protection orders, visit our Resources or FAQs.

ResourcesFAQs

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