Restraining orders don’t always require a major criminal infraction to justify the order. In Washington, people can require civil restraining orders for non-criminal circumstances to prevent civil harassment or mitigate ongoing disputes.
At Feldman & Lee PS, we help our clients navigate the process for obtaining civil restraining orders and pursuing other civil resolutions. Learn more about the process and the different types of restraining orders in Washington State that you may have cause to obtain.
The Difference Between Civil Restraining Order Types
Even within the category of civil restraining orders, there are different types that apply to different situations relevant to the person attempting to obtain the restraining order. The types of civil restraining orders are:
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- Domestic Violence Protection Order: To obtain a domestic violence protection order, the petitioner must claim that domestic violence has occurred by an intimate partner or family/household member. The petition can include requests for minor children or vulnerable adults. It must state whether the petitioner and respondent are intimate partners or family members. If the petitioner has faced sexual assault or stalking by an intimate partner or family member, they are encouraged to seek a domestic violence protection order rather than a sexual assault or stalking protection order or a petition for a sexual assault protection order
- Stalking Protection Order: A petitioner must allege that stalking has occurred against them by the respondent. If a petitioner has been stalked by an intimate partner or a family or household member, they should consider seeking a domestic violence protection order instead of a stalking protection order, although this is not required.The petitioner may file for a stalking protection order on behalf of themselves, a minor child (if the petitioner is the parent, legal guardian, or custodian), or a vulnerable adult (if the petitioner is an interested person). The petitioner can also seek a protection order for any other adult whom they can show to the court’s satisfaction that they need assistance. In this case, the petitioner must demonstrate that court intervention is necessary and that the adult is unable to file the petition themselves due to age, disability, health, or inaccessibility.
- Vulnerable Adult Protection Order: The petition must state that the petitioner, or the individual on whose behalf the petition is filed, is a vulnerable adult. It should also allege that the vulnerable adult has experienced abandonment, abuse, financial exploitation, or neglect, or that they are at risk of such actions by the respondent.
- Extreme Risk Protection Order: To file a petition for an extreme risk protection order, it must be alleged that the respondent poses a significant danger of causing personal injury to themselves or others by having custody or control of, purchasing, possessing, accessing, receiving, or attempting to acquire a firearm. The petition must also include any information the petitioner can provide about the firearms, such as their number, types, and locations, that the petitioner believes are currently owned, possessed, controlled, or accessible by the respondent. This petition can be filed by an intimate partner, a family member, a household member of the respondent, or a law enforcement agency.
- Antiharassment Protection Order: To request a protection order, the petitioner must claim that unlawful harassment has occurred against them or the petitioners by the respondent. If the petitioner is seeking relief due to domestic violence, nonconsensual sexual conduct, nonconsensual sexual penetration, or stalking, they may choose to pursue a domestic violence, sexual assault, or stalking protection order instead of an antiharassment order, however, this is not mandatory. The petitioner can file for an antiharassment protection order on behalf of:1. Themselves
2. A minor child, if the petitioner is the parent, legal guardian, or custodian
3. A vulnerable adult, if the petitioner has an interest in their well-being
4. Any other adult, provided the petitioner demonstrates to the court that they are interested in the adult’s well-being, that the court’s intervention is necessary, and that the adult is unable to file the petition themselves due to age, disability, health issues, or lack of access.
In most cases, the person filing will have to seek a petition for themselves, except in the case that they are under 15 years of age or a vulnerable adult. If seeking a petition as an interested party on behalf of another, the petitioner must provide a statement on why they qualify as an interested party.
Obtaining a Civil Restraining Order
The process for obtaining each type of civil restraining order is different. For example, your legal team can arrange a faster hearing to get a temporary restraining order in the event of pressing issues, while getting a permanent restraining order is often more in-depth and the result of a longer, more detailed hearing.
However, the process of how to get a restraining order in Washington State generally follows these basic steps in most circumstances:
- Consult a legal professional to determine your eligibility for different types of civil restraining orders so you can select the right one to petition for.
- Fill out the application or petition. Working with a legal team at this stage can help ensure you fill out the paperwork properly and provide strong evidence to warrant the restraining order. They can also walk you through what proof you need for a restraining order in Washington.
- Attend a court hearing. The court will send a notice to the subject of the restraining order so both parties can attend and present arguments or evidence. At this stage, the judge may give a temporary ex parte order until the entire legal proceedings are complete.
If you are petitioning for a permanent restraining order in Washington State, or even a longer-term order than the temporary one, there will be additional legal proceedings to determine the final outcome.
Considerations When Filing a Civil Restraining Order
Civil restraining orders can provide protection in civil matters, and if you’re facing personal danger, but there are no criminal proceedings underway. To access the benefits of a civil restraining order, it’s important to consider multiple factors and get your preferred outcome:
- Carefully review the different types and your eligibility for each one.
- Work with a legal team that can help you fill out the paperwork correctly and on time, as well as represent you in the hearing itself.
The court also considers a wide range of factors when deciding whether to grant the orders. These considerations include proof of past harm or clear demonstration of a potential future harm, the impact on the relevant parties, and any surrounding legal proceedings.
Getting Help With Feldman & Lee PS
Filing a civil restraining order in Washington State isn’t easy. Our legal professionals can help you understand the process, file the right petitions, and represent you in hearings. Contact us today to schedule a consultation and get legal support.
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