Types of protection orders - King County, Washington (2024)

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There are several different types of civil protection orders in Washington outlined in RCW 7.105. Learn the difference between these and criminal cases.

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    The six types of protection orders

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    Differences between civil and criminal cases

    It can be difficult to understand the difference between a civil and criminal case because both involve judges, courtrooms, witnesses, attorneys, and parties; however, both are very different.

    Civil cases

    • Handle disputes between individuals.
    • Include a Petitioner (also called a plaintiff or moving party) in protection orders this is the person seeking protection from harm.
    • Include a Respondent (responding party) in a protection order the person who is causing harm.
    • Petitioner must meet the preponderance of evidence standard to be granted an order.
    • The petitioner at any time can modify or terminate the order.
    • If the court grants the order, then the respondent will be required to follow it. The petitioner, or someone on behalf of the petitioner, will need to call the police to report if the respondent violates (breaks) the order.
    • If the order is violated, the respondent could be subject to arrest and potential criminal charges.

    Criminal cases

    • Controlled by a prosecutor (an attorney representing the interest of the city, county or state) and not by an individual.
    • Person charged with crime is called a defendant.
    • Person harmed by crime is a victim
    • Criminal cases must begin by a police report and investigation that is given to the prosecutor to decide if charges can be filed. Victims cannot decide to “press charges”, although victim input in charging decisions is welcome.
    • Once a case has been charged it will follow the process of a criminal case.
    • The court has the sole authority to issue a Criminal No-Contact Order with or without victim support. These orders are similar to Civil Protection Orders with intent to prevent further harm, however the victim or harmed individual does not have authority to remove the order without the approval of the judge.

    Domestic violence protection order

    Domestic violence includes:

    • Threat, fear of, or actual physical harm
    • Unlawful harassments or stalking
    • Coercive control

    The person seeking protection must have 1 of these relationships with the other party:

    • Current or past intimate partners (including briefly dating)
    • Family
    • Members of the same household

    Petitioners must be age 15 or older. If you are a filing on behalf of a child, you must be the parent, legal guardian, or custodian.

    Sexual assault protection order

    Nonconsensual sexual acts and/or penetration by the restrained person to the petitioner.A single incident qualifies.

    This is not intended for petitioners who have current or former intimate partner relationships or are family or household members. However, you can still choose this order. Speak with an advocate to discuss your options.

    You can petition for this if you are:

    • Age 15 or older on behalf of themselves
    • Wanting to file on behalf of a child you are he parent, legal guardian, or custodian of
    • A vulnerable adult where the petitioner demonstrates as an interested person in the adult's wellbeing and the adult cannot file the petition because of age, disability, health, or inaccessibility

    Stalking protection order

    Stalking committed against the petitioner include criminal acts (RCW 9A.46.110) or cyber harassment (RCW 91.90.120.)

    Stalking is a pattern of behavior directed at a specific person including:

    • Repeated unwanted behaviors that would cause a reasonable person to be afraid
      • Even if the stalker did not intend to frighten, intimidate, or harass the person
    • Acts that serve no legitimate purpose

    You can petition for this order if you are:

    • Age 15 or older on behalf of yourself
    • Age 15 or older on behalf of other family/household members under 18-years-old
    • The parent, legal guardian, or custodian for a child you wish to file on behalf of

    This is not intended for petitioners who have current or former intimate partner relationships or are family or household members. However, you can still choose this order. Speak with an advocate to discuss your options.

    Anti-harassment order

    Unlawful harassment includes a pattern of behavior directed at the petitioner that:

    • Alarms
    • Annoys
    • Harasses
    • Serves no legitimate purpose
    • Would cause a reasonable person substantial distress

    May include a single act of violence or threat of violence (RCW 9A.36.080) or include the presence of a firearm.

    This is not intended for petitioners who have current or former intimate partner relationships or are family or household members. However, you can still choose this order. Speak with an advocate to discuss your options.

    Vulnerable adult protection order

    A vulnerable adult is a person:

    • Who has been threatened with or experienced abandonment, abuse, or financial exploitation
    • May be over 60 years old without functional, mental, or physical ability to care for themselves.
    • Or 18 years or older who are incapacitated, have a developmental disability, are living in a licensed facility, or home care.

    Another person can file their behalf of a vulnerable adult.

    Extreme risk protection order

    Respondent must pose a significant danger of causing personal injury to self or others by attempting or doing any of the following:

    • Having a firearm
    • Purchasing a firearm
    • Possessing a firearm
    • Accessing a firearm
    • Receiving a firearm

    This order removes the firearm, Concealed Pistol License (CPL), and ability to purchase firearms from the respondent only. There are no additional protections.

    You can file for this order as an intimate partner of the respondent, family, or household member of the respondent. A law enforcement officer or agency can also petition the court.

    To file this order, visit the King County Superior Court Clerk's Extreme Risk Protection Order page.

    Other orders

    If you are not seeing a protection order that fits your needs, these other 2 types may be what you're looking for one outside of civil court.

    Family Law restraining order

    A restraining order must be attached to a Family Law case such as an open dissolution or divorce case, a legal separation, or as part of a parenting plan.

    Learn more about filing a Family Law case by visiting theKing County Family Law FacilitatorsorWashington Law Helpwebsites.

    Criminal no contact order

    These may be requests in a criminal case by a prosecutor (attorney representing the city, county, or state) and ordered by a judge involving:

    • Domestic violence
    • Sexual assault
    • Stalking
    • Harassment
    • Trafficking

    For more information on creating or lifting a criminal no contact order, contact the court your case is in.

    Related Topics

    Protection order safety Is a protection order a safe next step for you?
    Speak with an advocate Learn more about free assistance through the protection order process.
    Complete your forms Learn what to expect to file your protection order forms.
    Types of protection orders - King County, Washington (2024)

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