Finding Safety Through Legal Protection
In the moments when home no longer feels safe, knowing your legal options can make all the difference. For many Washington residents facing domestic violence, a protection order serves as a vital lifeline—a legal shield that can help restore safety and peace of mind.
Domestic violence doesn’t discriminate. It affects people of all backgrounds, genders, and walks of life. If you or someone you know is experiencing abuse from a family member or intimate partner, Washington state law provides important protections through Domestic Violence Protection Orders (DVPOs).
What Constitutes Domestic Violence in Washington State?
Washington state law defines domestic violence comprehensively under RCW 7.105.010. According to this statute, domestic violence includes:
- Physical harm, bodily injury, or assault
- The infliction of fear of physical harm
- Nonconsensual sexual conduct or penetration
- Coercive control
- Unlawful harassment
- Stalking
These actions become domestic violence when they occur between intimate partners or family/household members. This includes:
- Current or former spouses or domestic partners
- People who have a child together (unless the child was conceived through sexual assault)
- Current or former dating partners (if both are at least 13 years old)
- Family members related by blood, marriage, or adoption
- People who currently or formerly lived together
- People who have a biological or legal parent-child relationship
A significant update to Washington law occurred in July 2022, when RCW 7.105 combined six different civil protection orders into one unified system, simplifying the process for survivors and expanding the definition of domestic violence to include coercive control and harassment.
Protection Orders Available in Washington
While this article focuses primarily on Domestic Violence Protection Orders, it’s important to know that Washington offers several types of protection orders:
- Domestic Violence Protection Orders – For those experiencing abuse from family members or intimate partners
- Sexual Assault Protection Orders – For victims of nonconsensual sexual conduct or penetration
- Stalking Protection Orders – For victims of stalking behavior
- Anti-harassment Protection Orders – For those experiencing harassment that doesn’t qualify under other order types
- Vulnerable Adult Protection Orders – For protecting vulnerable adults from abuse or exploitation
- Extreme Risk Protection Orders – Specifically focused on removing firearms from someone posing a danger
Each order type has specific requirements and protections, but since July 2022, Washington has implemented a unified petition system that makes it easier for survivors to seek the appropriate order without navigating multiple processes.
The DVPO Process: Step by Step
Determining if a DVPO is Right for You
Protection orders are effective tools for many people, but they’re not the best option for everyone. Before filing, consider:
- Your immediate safety needs
- Whether you have time and emotional capacity to attend court hearings
- If you have evidence to support your petition
- Whether other urgent matters need attention first (housing, finances, etc.)
- If you have support to help you through the process
Speaking with a domestic violence advocate can help you make this decision. They can discuss options and help with safety planning whether or not you decide to file for a protection order.
Where to File Your Petition
You can file for a protection order in:
- The Washington county where you currently live
- The county where you used to live if you fled to avoid abuse
- The county with the court that’s closest to you
In Washington, both Superior Court and District Court can issue protection orders, but certain situations require filing in Superior Court:
- If you currently live together with the respondent
- If you’re married or in the process of getting divorced
- If you share children
- If you’re filing on behalf of a minor child or vulnerable adult
Filing the Petition
The petition process involves completing several forms, including:
- Petition for Protection Order
- Law Enforcement Information Sheet
- Temporary Protection Order (if requesting immediate protection)
- Order for Protection
These forms are available from court clerks, local domestic violence programs, or online through Washington Courts (www.courts.wa.gov). You can also use Washington Forms Online, an interview-based system that helps complete the forms based on your answers.
When completing the petition, be specific about the domestic violence you’ve experienced. Include dates, locations, and detailed descriptions of incidents. This information helps the judge determine if your situation meets the legal definition of domestic violence.
There is no filing fee for domestic violence protection orders in Washington.
Temporary Protection Orders
If you need immediate protection, you can request a temporary protection order (also called an “ex parte” order) when you file your petition. This can be granted without the respondent present and takes effect immediately upon being signed by a judge.
Temporary orders typically last for 14 days, until your full hearing can be scheduled. If the hearing date is extended, the temporary order can be reissued, but the new date must not be more than 14 days later.
Service of Process
For the protection order to be enforceable, the respondent must be properly served with the petition and any temporary orders. In Washington, law enforcement will typically serve these documents for free. The respondent must be served at least five court days before the full hearing.
The Full Hearing
At the full hearing, both you and the respondent have the opportunity to present your cases to the judge. You can bring evidence such as:
- Medical records
- Police reports
- Photographs of injuries
- Text messages, emails, or voicemails
- Written statements from witnesses
The judge will decide whether to issue a full protection order based on the evidence presented and state law requirements.
Protections Available Through a DVPO
A domestic violence protection order can provide various protections, including:
- No Contact: Prohibiting the respondent from contacting you directly or through third parties
- Stay Away: Requiring the respondent to stay a specified distance from your home, workplace, school, or other locations
- Vacate Shared Residence: Ordering the respondent to move out of a shared home
- Child Custody/Visitation: Establishing temporary custody and visitation arrangements
- Personal Property: Ordering the return of personal belongings
- Financial Support: In some cases, ordering temporary financial support
- Surrender of Firearms: Requiring the respondent to surrender firearms and prohibiting them from obtaining new ones
- Treatment: Ordering the respondent to obtain treatment for substance abuse or complete a domestic violence intervention program
The specific protections granted depend on your situation and what you request in your petition.
Enforcement of Protection Orders
Protection orders are enforceable throughout Washington state. If the respondent violates the order, call 911 immediately and report the violation. Law enforcement officers are required by RCW 7.105.450 to arrest without a warrant anyone they have probable cause to believe has violated a protection order.
Violations of protection orders are taken seriously in Washington:
- A basic violation is a gross misdemeanor
- If the violation involves an assault that doesn’t amount to first or second-degree assault, it’s a class C felony
- If the respondent has two previous convictions for violating protection orders, any new violation becomes a class C felony
Protection orders issued in Washington are also enforceable in other states under federal law’s “full faith and credit” provision.
Duration and Modification of Protection Orders
Full domestic violence protection orders in Washington can be issued for a fixed period or made permanent. Typically, they last for one year, but can be issued for longer periods or even permanently depending on the circumstances.
Either party can file a motion to modify (change) or terminate (end) the order while it’s in effect. The judge will decide at a hearing whether to grant the request.
If you want to extend a protection order that’s about to expire, you can file for renewal within 90 days before the expiration date. You’ll need to attend another hearing where the judge will determine whether to renew the order.
Effectiveness and Limitations
Research indicates that protection orders are effective for many survivors. According to studies cited by the Washington State Coalition Against Domestic Violence, protection orders significantly reduce violence and harassment for many victims.
However, protection orders have limitations:
- They rely on the respondent’s compliance or law enforcement’s ability to enforce them
- They cannot guarantee safety in all situations
- They work best as part of a comprehensive safety plan
It’s important to work with a domestic violence advocate to create a safety plan that goes beyond legal protections.
Resources for Survivors
Washington offers numerous resources for domestic violence survivors:
- Washington State Domestic Violence Hotline: 1-800-562-6025
- National Domestic Violence Hotline: 1-800-799-7233 or text START to 88788
- Washington State Coalition Against Domestic Violence: www.wscadv.org
- Washington Law Help: www.washingtonlawhelp.org
Many counties also have local domestic violence programs that offer advocacy, shelter, legal assistance, and support groups.
Frequently Asked Questions
Do I need a lawyer to get a protection order?
No, you don’t need a lawyer, though having one can be helpful. Many courts have advocates available to help with the process.
How much does it cost to file for a DVPO?
There is no filing fee for domestic violence protection orders in Washington.
Can I include my children in my protection order?
Yes, you can request protection for your children as part of your DVPO.
What if the respondent has firearms?
You can ask the court to order the respondent to surrender firearms. The judge must order this if certain conditions are met, and Washington has procedures for enforcement of these orders.
What if the respondent violates the order?
Call 911 immediately. Violation of a protection order is a crime in Washington.
Can I get a protection order if I don’t have a police report?
Yes. You don’t need to have reported the abuse to police or have a police report to get a protection order.
Can I file for a protection order if the respondent lives in another state?
Yes, but there may be jurisdictional issues. The court can still issue an order that is enforceable when the respondent is in Washington.
Can I file if the abuse happened a while ago?
Yes. There is no time limit for filing, but you should explain in your petition why you’re filing now if the most recent incident happened some time ago.
Key Takeaways
- Washington state provides legal protection for domestic violence survivors through protection orders
- The process is accessible without attorneys or filing fees
- Protection orders can provide various forms of relief, including no-contact provisions and removal from shared homes
- Violations of protection orders are crimes with serious penalties
- Protection orders work best as part of a comprehensive safety plan
- Local advocates can provide support throughout the process
Contact Schroader Law, PLLC
If you have questions about domestic violence protection orders or need legal assistance with family law matters, our team at Schroader Law, PLLC is here to help. We provide compassionate, client-centered representation for individuals facing family law challenges.
We understand that dealing with domestic violence and related legal matters can be overwhelming. Our attorneys have the knowledge and experience to guide you through the process with sensitivity and dedication to your needs.
Contact us today to schedule a consultation and learn how we can assist you with protection orders or other family law concerns.