There are multiple types of protection orders that can be issued depending on your situation, as well as different locations to file them initially.
Orders ONLY issued in Criminal cases to prevent contact. Some are pre-trial and some are post-trial and can last up to five years, longer in certain circumstances. The Prosecuting Attorney issues these.
These types of orders are issued in domestic/family law matters. They cover things beyond just staying away and can prevent a party from selling off shared property in a dissolution action for instance.
Domestic Violence: (Forms available on the right)
This includes a wide variety of abusive behavior. Pushing, shoving, hitting, slapping, biting, choking or other conduct which causes harm or puts you in fear of being hurt at the time can be domestic violence. To be considered domestic violence, these actions must occur between family or household members.
Anti-Harassment: $53 to file
Washington state law (RCW Chapter 10.14) defines unlawful harassment as a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses or is detrimental to such person and serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotion distress, or when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
Under Washington law, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes the sending of an electronic communication, but does not include constitutionally protected free speech. An individual may request an order of protection that may prohibit harassment, contact and restrain the person (respondent) from coming within a specific distance of one's residence, workplace or school.
Transfer of Harassment Cases
Under recent amendments passed by the Washington State Legislature in 2011, the District Court has original jurisdiction over these actions. However, the District Court must transfer such petitions to the Superior Court when it is shown that:
- A - The respondent to the petition is under 18 years of age
- B - The action involves title or possession of real property
- C - A superior court has exercised or is exercising jurisdiction over a proceeding involving the parties
- D - The action would have the effect of interfering with a respondent's care, control or custody of the respondent's minor child
Washington State law defines "stalking conduct" as any act of stalking as defined under RCW 9A.46.110 or any act of cyberstalking as defined under RCW 9.61.260. The course of conduct shall be such as involving repeated or continuing contacts, attempts to contact, monitoring, tracking, keeping under observation, or following of another that: would cause a reasonable person to feel intimidated, frightened, or threatened and that actually causes such a feeling; serves no lawful purpose; and the stalker knows or reasonably should know threatens, frightens, or intimidates the person, even if the stalker did not intend to intimidate, frighten, or threaten the person.
Under Washington law, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes the sending of an electronic communication, but does not include constitutionally protected free speech.
Please bring the Law Enforcement Sheet, Petition for Order of Protection, and Temporary Order for Protection completely filled out when ready to file. Any additional documentation you wish to bring in support to your petition for the order, please attach to the backside of the petition on ONE-SIDED paper.