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Apr
26

District Court Protection Orders

Learn more about the process for Protection Orders in King County District Court.

File a Petition for Protection Order

Washington State law allows you to ask a judge to grant an order to protect you from another person. You might seek a “Protection Order” for a number of reasons. These include if the person is abusing, threatening or exploiting you. A Protection Order means that person is not allowed to contact or harm you.

When asking for a protection order you will encounter the words “petitioner” and “respondent.” The “petitioner” is the person asking for a protection order (you). The “respondent” is the person you are asking the Court to protect you from.

The Court does not charge a fee for filing a Petition for Protection Order.

Protection Orders available from District Court

Choose 1 of the following 5 Protection Order types that best meets your needs:

Antiharassment Protection Order

This protects you against “unlawful harassment.” The law defines this in detail. Generally, it means someone has seriously alarmed, annoyed or harassed you, without a valid reason. You can ask for an Antiharassment Protection Order for yourself, your minor child, a vulnerable adult or other adult you are responsible for.

Stalking Protection Order

This protects you from being stalked. The law defines this in detail. Generally, it means someone has scared you by harassing or following you on purpose again and again. Stalking can be in-person or online. A stalker could be an intimate partner, family member, someone you live with or another person. You can ask for a Stalking Protection Order for yourself, your minor child, a vulnerable adult or other adult you are responsible for.

Domestic Violence Protection Order

This protects you from violent intimate partners, family members, or someone you live with. The law defines this in detail. Generally, it means someone has hurt you physically or threatened to hurt you. It also can mean they have behaved sexually in a way that harms you—even once! This type of protection order also can protect you from “coercive control.” Coercive control is behavior that causes you to suffer physical, emotional or psychological harm. You can ask for a Domestic Violence Protection Order for yourself, your minor child, a vulnerable adult or other adult you are responsible for.

Sexual Assault Protection Order

This protects you from sexual assault. The law defines this in detail. Generally, it means someone has behaved sexually in a way that harms you—even once! You can ask for this type of protection against anyone who has harmed you. If the other person is an intimate partner, family member or someone you live with, you could choose a domestic violence protection order. You can ask for a Sexual Assault Protection Order for yourself, your minor child, a vulnerable adult or other adult you are responsible for.

Extreme Risk Protection Order

This helps protect you or other people from firearms danger. The law defines this in detail. Generally, it means you believe another person could use a firearm to harm you, themselves or other people. You can ask for this type of protection order against an intimate partner, family member or someone you live with. District Court can issue this type of order on a temporary basis. For a longer-term order, District Court must transfer your case to King County Superior Court.

Additional information

Ask for a Protection Order

It is helpful to have a lawyer, but you are not required to hire one. The law allows you to fill out the forms yourself and give them to the court. Doing the work yourself might take several hours. Court staff are not allowed to give you legal advice.

You will ask a judge for a Protection Order using forms the Court provides. This is called “filing a Petition for Protection Order.” The court forms use the words “petitioner” and “respondent.” The “petitioner” is the person asking for a protection order (you). The “respondent” is the person you are asking the Court to protect you from.

Refer to Instructions for Petition for Protection Order.

After you give the Court your Petition

If you filed for a Temporary Protection Order (“Emergency” Order)

  • The Court will schedule you to have a hearing with a judge the same day, or the next business day, if possible.
  • You will have a second hearing (full hearing) within 14 days after you filed your petition. The Court will tell you the date, time and place for the hearing.

If you did not file for a Temporary Protection Order (“Emergency” Order)

  • A judge will decide if your petition is eligible for a full hearing. If so, your hearing will be scheduled within 14 days after you filed your petition. The Court will tell you the date, time and place for the hearing.
  • The Court will let you know if a judge decides your petition is not eligible for a full hearing. You will then have up to 14 days to file an amended petition.
    • If you do not file an amended petition, or if the amended petition is not sufficient, the Court will dismiss your case.

The person you are asking to be protected from (the “respondent”) must be given a copy of your petition

This is called “being served.”

  • The person who started the case (you, the petitioner) cannot serve the petition and temporary order on the restrained person
  • The server may be a police officer, Sheriff’s deputy, other law enforcement officer, professional service provider, or any  adult whom you trust to do it right and fill out the proof of service
  • The server must be over the age of 18
  • The person who served the legal papers (the server) must complete the Proof of Service form

For details on serving someone, refer to:

Where and when your case will be heard

The court will give you a hearing notice including:

  • The date and time of your hearing
  • The District Court courthouse location at which the hearing will be held
  • How to attend by video or telephone, instead of in person
    • The hearing notice the court gives you will list details for attending by video, by telephone or in person. In some cases, the judge might require you to attend in person.

At the courthouse, TV screens will show the courtroom in which your hearing will be held. Or, you can ask the District Court clerks for help finding the correct courtroom. 

Interpreters

We can provide an interpreter. You will not have to pay for this. You can request an interpreter when filling out the Petition for Protection Order.

What happens at the hearing

  • It is important to come to the hearing.
    • If the petitioner (you) does not attend, the Court will dismiss the case and you will not be given a Protection Order.
    • If you are the respondent to someone's petition for a Protection Order and do not attend the hearing, you will not have the opportunity to tell your version of events and a judge might rule against you.
  • At the hearing, you and the person you are asking to be protected from will appear before a judge.
    • You and the other person will have a chance to speak.
    • The judge might or might not ask questions.
    • The judge will decide if anyone else may speak or ask questions
  • You can ask other people to come with you to the hearing to help you. These could be your lawyer, sexual assault advocate or other helpers.
  • To help you remember what you want to tell the judge, it is helpful to make a list. You also can bring copies of any items that might help you explain your case. This can include medical or police records and other things that help you make your case.
  • The judge will decide whether to give you a Protection Order based on the evidence and state law.
  • If the judge grants you a Protection Order, you and the other person will receive copies. The order will tell the other person what they can and cannot do. It also will list how long the order will last.

After your hearing

For more information on what happens next, refer to: After your protection order hearing, what happens next?

Transfer of case to Superior Court

In some instances, state law requires District Court to transfer a Protection Order case to King County Superior Court. District Court will let you know if your case must be transferred and will provide you more information at that time.

After the Court grants you a Protection Order

If the other person violates the Protection Order

  • Call 911 immediately.
  • Show the police your certified copy of the Protection Order.
  • The police might arrest the person for violating the Protection Order.

Extending your Protection Order

If the Court granted you a protection order for a fixed time period, you may file a Motion for Renewal of Protection Order at any time within the 90 days before the order expires. A judge will decide at a hearing whether or not to extend the Protection Order.

End your Protection Order

You or the person you are being protected against can ask a judge to end the Protection Order. To ask to end the order, fill out and give the Court a Motion to Modify or Terminate Order for Protection. A judge will decide at a hearing whether or not to end the Protection Order.

 

 

Other types of protection - available only in Superior Court

A Protection Order is one way to help keep you and other people safe. However, Protection Orders do not meet everyone’s needs. Other legal remedies might be better for you. You can speak with a lawyer for details. Court staff cannot provide you legal advice.

You might also hear about other types of orders, which are not available in District Court.

Vulnerable Adult Protection Orders protect vulnerable adults from various harms. Such harms include abandonment, abuse, financial exploitation and neglect. Vulnerable Adult Protection Orders only are available in Superior Court. You may, however, be able to file for 1 of the following Protection Order types in District Court on behalf of a vulnerable adult:

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