Skip to main content

Frequently Asked Questions

This FAQ page provides answers to common questions about obtaining, enforcing and supporting those who are in need of protection orders.

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 accused of causing harm).

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.

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

Visit our protection order page for more information.

How do I file a protection order?

Petitioners (person filing the order) must complete the required forms and submit them to the court.  If a judicial officer reviews the petition and finds that the legal criteria has been met, a temporary order (up to 14 days) can 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 filing 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 your access to your 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. For more information, review the relevant state law here.

Can firearms be removed as part of the protection order?

Yes, courts in Washington state can order the removal of firearms as part of a protection order. Petitioners can request the removal of firearms as part of the protection order form. Then, the court may grant the order the removal of firearms if they decide to grant the request for a temporary or full protection order. If granted, the removal and prohibition of firearms generally lasts for the duration of the temporary or full 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 impact safety?

While the specific protections will vary depending on the type 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 abusers from knowingly coming within a specific distance of the petitioner, the petitioner’s work place, school, residence, etc.
  • Remove abuser 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 surrender and prohibit the possession of firearms, dangerous weapons, and any concealed pistol licenses
  • Order abuser into treatment or counseling

What happens if my protection order is violated?

Sometimes abusers will violate the order in some way and it is important to take immediate action to hold them accountable. It’s important to know that 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 addresses 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 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.
  • Consult with a lawyer who specializes in protection orders

What evidence is needed to support my application?

When working on your statement, it’s important to provide as much detail as possible and documented evidence 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?

Finding a lawyer, advocacy group, and in some cases domestic violence support can be helpful as you navigate this 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, based on the petitioner’s allegations. A full hearing, where you can present your side, is usually scheduled shortly after.

Can I contest the protection order?

Yes, you have the right to contest the order at a court hearing. You can present evidence and testimony to dispute the petitioner’s claims.

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?

The duration of a protection order varies by jurisdiction and case specifics. Temporary orders last until the full protection order hearing, while permanent orders can last for a set period, such as one year, or indefinitely.

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 can impact your employment, but the extent 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.

Extreme Risk Protection Orders (ERPOs)

What is an Extreme Risk Protection Order (ERPO)?

In Washington State, an Extreme Risk Protection Order (ERPO) is a court order that temporarily suspends a person’s access to firearms if there is evidence that the person poses a threat to themselves or others. ERPOs are designed to reduce harm, prevent suicides, mass shootings and other homicides.

How do I file an ERPO?

To file for an ERPO in Washington state you will need to go through a series of steps, including completing and filing forms and attending court hearings. Visit our ERPO page for more information about the filing process and guidance around writing your statement.

Who can file an ERPO?

Law enforcement and household or family members can file for an ERPO.

How soon can I get an ERPO?

You may request a temporary ERPO which takes immediate effect. Otherwise, a hearing will take place no later than 14 days after you file.

How long does an ERPO last?

A temporary order will last until the court hearing date (within 14 days of filing). At the hearing, a more permanent order may be issued that lasts for one year with a potential for renewal

Still have questions?

For more information about ERPOs, please visit our ERPO page.

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 believe victims and their stories.
Other ways to help include:

  • Familiarizing yourself with the filing process and your role in the process
  • Understand ERPOs and when ERPOs might be the best case of action
  • Employ a trauma-informed approach. Here is a Domestic Violence Lethality Screen for First Responders for helpful questions to consider

How do I enforce a protection order?

Officers enforce protection orders by responding to violations, verifying the existence and terms of the order, and taking appropriate action, which may include arresting the violator.

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, attempt to obtain a physical copy from the protected person and verify the authenticity with the issuing court.

How do I learn more about ERPOs as a law enforcement officer?

Talk to leaders in your department. Who is the main point of contact for protection orders? Are they using protection orders often to intervene in dangerous situations? How often do they serve ERPOs? Staying knowledgeable about your role in the process is critical for the safety of all individuals at risk.

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

Additionally, you can request training about ERPOs from The National ERPO Resource Center Training & Technical Assistance Request Form.

Media

Are there legal or ethical considerations I should be aware of when reporting on protection orders?

    • Confidentiality: Protection orders may involve sensitive personal information, including addresses, phone numbers, or threats that could put the journalist at further risk if disclosed. Respecting privacy and ensuring confidential details are not published is crucial.
    • Accuracy: Be precise in your reporting. Make sure you verify details about the protection order with the people involved, and the context of the case before publishing. Verify details through court records, legal documents, or official statements from involved parties, ensuring that they report accurate information.
    • Avoid defamation: Be cautious not to make defamatory statements about the individuals subject to the protection order, particularly if the matter is still under investigation or if there are ongoing legal proceedings.
    • Court orders and reporting restrictions: Some protection orders may come with restrictions on what can be reported. These restrictions might be related to the names of individuals involved, the nature of the threat, or the specifics of the case. Always check for any publication bans or legal restrictions.
    • Avoid harm: Consider whether the publication of certain details might put individuals at further risk or cause undue harm, particularly if the threats are ongoing or the case is still under investigation.

If you still have questions about what can be reported, consult with a legal advisor or check the court’s guidelines regarding what can be disclosed.

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

When covering stories about protection orders, it’s important to prioritize the safety of the individuals 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 protection orders and the situations that lead to them.

Are protection orders public records?

This can vary by jurisdiction, but in many places, protection orders are considered public records. However, sensitive details might be redacted to protect the privacy of the individuals involved.

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).