RESTRAINING ORDERS

When you are in a situation where you need to file a restraining order is a stressful and overwhelming time.  We want to take some of that stress away from you. Here you will find links to the different types of restraining orders and information on what type of restraining order you might need.

What type of protection order should you file?

Antiharassment Protection Order – Unlawful Harassment is defined as a knowing and willful course of conduct which seriously alarms, annoys, harasses. Or is detrimental to such person, and which services no legitimate or lawful purpose.  The conduct shall be such as would cause a reasonable person to suffer 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. Who can file an Antiharassment Protection Order:

  • Any adult who has been a victim of unlawful harassment.
  • Parent on behalf of their minor child can file an Antiharassment Protection Order.

Domestic Violence Protection Order– Domestic Violence means and physical harm, bodily injury, assault, stalking, sexual assault or the infliction of fear of imminent physical harm. Who can file a Domestic Violence Protection Order:

  • Persons who are/were married.
  • Persona who are/were domestic partners.
  • Persons who have children in common.
  • Adults who do/did reside together.
  • Persons 16 or older who have/had a dating relationships.
  • Adults who are related by blood or marriage.
  • Persons with a biological or legal parent/child relationship, Including step-parents/step-children and grandparent/grandchild.

Extreme Risk Protection Order – A petition can be filed by a law enforcement agency/officer or a person who is a family or household member of the respondent.  The petitioner must show that the respondent poses a significant danger or causing injury to self or others in the near future by having in their custody or control, purchasing, possessing, or receiving a firearm. Family or household members include:

  • Persons related by blood, marriage or adoption.
  • Dating partners.
  • Persons who have a child in common.
  • Persons who reside/have resided with the respondent within the past year.
  • Domestic partners.
  • Persons who have a biological/legal parent-child relationship, including stepparents/stepchild, and grandparent/grandchild.
  • A person who is acting or has acted as the respondent’s legal guardian.

Sexual Assault Protection Order – Sexual Assault is defined as nonconsensual sexual touching or the genitals, anus or breast either directly or through clothing. Nonconsensual sexual penetration, however slight, of the genitals or anus by a body part of another including the mouth or the use of objects. Foeced display of the genitals, anus or breasts for the purpose of sexually arousing another. Who can file a Sexual Assault Protection Order (unless the victim qualifies for a domestic violence protection order):

  • A person, 16 or older, who is the victim of sexual assault.
  • Any person on behalf of a victim of sexual assault who is:
    • A child.
    • A vulnerable adult as defined in RCW 74.34.020 .
    • An adult who cannot petition due to age, disability, health or inaccessibility.

(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.)

Stalking Protection Order – Stalking conduct is any act of stalking is defined as a person intentionally and repeatedly harasses or repeatedly follows another person, AND

  •  The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all circumstances: AND
  •  The stalker either: intends to frighten, intimidate, or harass the person: or knows or reasonable should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
    OR

Any act of cyberstalking with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, the stalker makes an electronic communication to a person or third party:

  • Using any lewd, lascivious, indecent, or obscene words, images, or language or suggesting the commission any lewd or lascivious act;
  •  Anonymously or repeatedly whether or not conversation ocure; or Threatening to inflict injury on the person or property of the person called or any member of their family or household.
    OR

Any course of conduct involving repeated or continuing contact, attempts or contact, monitoring, tracking, keeping under observation or following another person that:

  • Would cause a reasonable person to feel intimidated, frightened, or threatened and that actually cause such feeling:
  •  Serves no lawful purpose: AND
  •  The stalker knows or reasonable should know threatens, frightens, or intimidates the person, even if the stalker did not intend to intimidate, frighten, or threaten the person.

A petition for Stalking Protection Order may be filed (if the victim does not qualify for a domestic violence protection order):

  • By a person who is a victim of stalking conduct
  • On behalf of any of the following persons who is a victim of stalking conduct:
    • A minor child, where the petitioner is a parent, a legal custodian or where the respondent is not a parent, an adult with whom the child is currently residing: OR
    •  A vulnerable adult as defined in RCW 74.34.030 and where the petitioner is an interested person as defined in RCW 74.34.020(10).

Vulnerable Adult Protection Order – Someone who is over 60 years old and without a functional, mental, or physical ability to care for themselves or someone who is 18 years or older and:

  •  Was found incapacitated.
  • Has a developmental disability
  • Has been admitted to a DSHS-licensed care facility or received in-home care from a provider under DSHS contract.
  • Self directs at-home care from a compensated personal aide.

(The court will determine if the vulnerable adult is unable, due to incapacity, undue influence or duress,
to protect their own interest. The court will also determine if a person has legal standing to file a
petition on behalf of the vulnerable adult.)

The Vulnerable Adult Protection Order can be files by:

  • A vulnerable adult who is a victim of:
    •  Abandonment
    • Abuse (sexual, mental physical)
    • Financial exploitation
    • Neglect
    • The threat of any of these.
  • A legal guardian, legal fiduciary, the Department of Social and Health Services, or an “interested person” on behalf of the vulnerable adult.