Washington State law allows for a person to file a civil case in court, asking a judge to grant an order to protect them from another person whose behavior is abusive, threatening, exploitive or seriously alarming. The primary purpose is to order the “respondent” to not contact or harm the “petitioner.”
There are 4 types of protections orders, intended for specific situations. State law establishes who can seek them, who they can protect, who they can restrain, the types of protections and relief they offer, when and where court hearings are conducted, what costs may be incurred, etc.
Petitioners (the person filing the case) choose which type of protection order is most appropriate for them to pursue. However, protection orders do not cover everyone’s needs; there may be other legal remedies that are appropriate.
The vast majority of people come to the Clerk after an incident where a police officer advised them to go to court to get a “no contact” or “restraining” order. No contact and restraining orders can also order a person not to contact or harm someone, but they are not protection orders and are used in different situations.
No-contact orders: Requested by the prosecuting attorney in a criminal case to protect the victim or witness of the crime.
Restraining orders: Requested by the parties as part of an existing domestic cases such as a divorce or a case to determine paternity, custody, child support or visitation.
Important Things To Understand About The Protection Order Process
The process for obtaining all protection orders is somewhat similar. Petitioner should realize:
Forms
The state has developed pattern forms for use in the Protection Order process. They are available on the state pattern forms website and in the Clerk’s Office, at no charge.
King County Superior Court’s forms are preprinted with our specific court name, courthouse addresses, courtroom numbers and hearing times.
Of the many pattern forms, a few are used in nearly every case.
“Basic” Protection Order Forms Needed to Start a Case:
What They Are and Who Gets Them
Case Indexing Cover Sheet and Case Assignment Designation Form: Required when filing any case, this form identifies the type of case and the court location (Seattle or Kent) to which the case will be assigned.
Petition: This is the formal request to the Judge to enter a protection order. Identifies who the parties are, their relationship, describes the behavior that necessitates seeking a protection order, what relief the petitioner is requesting. The judge uses this information to determine if the petitioner qualifies for the protection order.
Temporary Order for Protection and Notice of Hearing: Most petitioners request immediate temporary protection, without prior notice to the respondent, to protect them until the return hearing date. (If they do not request one or if the judge determines the situation does not justify one, a Notice of Hearing is used to set the return hearing date or the Denial Order may set the hearing.)
The Temporary Order for Protection and Notice of Hearing identifies any restraints currently in place, when and where the future hearing is (which is also the expiration date), instruction regarding WACIC data entry and service on respondent.
NOTE: WACIC is the Washington Crime Information Center. It is the statewide computer system used by law enforcement in this state to list and verify the existence of orders such as protection orders, restraining orders, no-contact orders and bench warrants. Upon expiration of a protection order, it is purged from WACIC.
The order identifies which agency the Clerk shall forward the copy to for WACIC data entry.
Law Enforcement Information Sheet: Identifying information about the protected and restrained person such as birth date, description, address, plus hazard information such as access to weapons and use of drugs. This is a “pass-through” document and is not retained by the Clerk.
Several forms request the birthdates of the parties. It is one of the most critical personal identifiers used by law enforcement to: enter an order into WACIC; update WACIC after the respondent has been served and knows of the restraints; and verify if a protection order is “in the system” when an officer needs to enforce the order.
These are completed and signed by the Judge.
Usually, the petitioner is handed the order with specific instructions to deliver it directly to the Clerk’s Office.
On occasion, it may be appropriate for court personnel to escort the petitioner.
A signed order must never leave the Courthouse. After the hearing, it is critical that the petitioner return with the signed original order to the Clerk’s Office. There are several important steps to complete following the hearing.
1) Filing:
The Clerk will file the original order. The Clerk checks for the Judge’s signature, any future hearing date, expiration date, name of the law enforcement agency to which the Clerk will send a copy for data entry, and whether the respondent must be served.
2) Petitioner’s Copies:
The petitioner obtains 1 or more certified copies of the order. They usually get one to carry with them, and one for their records. They may also want additional copies for their employer, landlord, children’s school or daycare, etc.
3) Service:
If the respondent did not receive proper notice of the hearing, and the Judge sets another hearing, a copy of the new order will need to be served on the respondent. The petitioner will need to obtain a copy of the new order to arrange for service by law enforcement, private process server, a 3rd party other than the petitioner.
If a temporary order has been reissued (continued), the petition, and temporary order are recopied for inclusion in the service packet. In addition to the documents to be served on the respondent, the Clerk will provide another Return of Service form, recopy the petitioner’s LEIS form, and – if the court ordered fees waived – a copy of the fee waiver form so that law enforcement will not charge the petitioner for service.
Questions can be asked and answered regarding service issues at that time.
4) WACIC entry:
The Clerk must send a copy of the protection order to the law enforcement agency (city or county) responsible for entry into the Washington Crime Information Center or WACIC. WACIC is the statewide computer system used by law enforcement in this state to list and verify the existence of orders such as protection orders, restraining orders, no-contact orders and bench warrants.
Every order that establishes, modifies, or terminates restraints is sent to law enforcement for entry or update of WACIC. The order has a place to identify which agency is to perform WACIC entry.
Questions can be asked and answered regarding WACIC data entry issues at that time.
If the petitioner does not return to the Clerk’s Office with the court’s Order, the petitioner does not have an opportunity to obtain certified copies for petitioner’s person use, any necessary copies and forms needed to arrange for service on the respondent, and can’t provide the Clerk with the required LEIS to forward along with the order to law enforcement.
The Clerk loses the opportunity to review the order for any missing signatures, expiration dates, future hearing date problems, before the petitioner is gone and can’t be contacted. Time can be critical, especially when future hearing dates are scheduled.
This is intended to assist you in choosing which type of protection order may fit your situation. These 4 types of protection order cases are not appropriate for everyone, in every situation.
A petition can be filed by a person who is a victim of domestic violence or fears violence by a “family or household member.” This includes:
Department of Social and Health Services (DSHS) may petition on behalf and with the consent of a vulnerable adult
“Domestic Violence” means:
Costs to petitioner: No fee for forms, filing, or certified copies. No fee required for service of documents on the respondent, if performed by law enforcement.
Forms:
Filing:
Hearings:
A petition can be filed by:
"Unlawful Harassment" means:
A knowing and willful course of conduct which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
"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.
Costs to petitioner: No fee for forms. Filing fee is $53.00 plus fees for copies and for service of court documents on the respondent. Fees may be waived by court order (except service fees by private companies). May be required to pay costs of a guardian ad litem appointed on behalf of a minor.
Forms:
Filing:
Hearings:
Sexual Assault Protection Order, RCW 7.90
A petition can be filed by:
The court may require the participation of a parent or guardian on behalf of a minor.
The court will determine if a person has legal standing to file a petition on behalf of another person.
“Sexual Assault” means:
Costs to petitioner: No fee for forms, filing, and certified copies. No fee required for service of documents on the respondent, if performed by law enforcement. May be required to pay costs of a guardian ad litem appointed on behalf of a minor.
Forms:
Filing:
Hearings:
A petition can be filed by:
A vulnerable adult who is a victim of:
“Vulnerable adult” includes someone who:
Costs to petitioner: No fee for forms or filing. Fees for copies. May be required to pay fees for service of court documents on the respondent and the vulnerable adult. May be required to post a bond as security.
Forms:
Filing:
Hearings: