There are four types of court orders that address domestic violence. Each of these is slightly different, as discussed in the table below:
If you have a court order, it is important to remember:
The Order of Protection and Anti-Harassment Order forms and instructions are available in the Clerk's Office. Forms are also available online.
Order of Protection
No Contact Order
Civil OrderRCW 26.50
Domestic/PaternityRCW 26.09, 26.26
Civil OrderRCW 10.14
Criminal OrderRCW 10.99
WHO MAY OBTAIN?
Any person who is a victim of domestic violence or fears violence by a "family or household member." (Persons who are married, have been married, or have a child in common, adult persons who are related or who reside(d) together and persons 16 years and older who have been/are dating.)
Married persons or persons with a child in common who are filing for divorce, legal separation, custody, or to determine parentage.
Persons who are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose. Person does not need to have a relationship with the person harassing them.
The Court may issue a "no contact order" within a misdemeanor or felony case filed by the Prosecuting Attorney to prevent a defendant from contacting a victim or witness.
WHAT CAN AN ORDER DO?
Prohibit contact of any kind.Remove abuser from shared residence and prohibit from entering.Give temporary custody of children and set visitation schedule.Order abuser into treatment/ counseling.Can be tailored to individual needs.
Can do all that an Order for Protection does. May also order child support, order maintenance income, assign property to either party, and establish temporary child custody or use of family home or restrains one party from contacting another party or disposing of assets, etc.
Prohibit harassment and contact of any kind.Restrain party from coming within a specific distance from petitioner's workplace, school, residence, etc.
Prohibit contact of any kind while criminal case is active and can be a condition of sentencing. Protects a victim while waiting for trial.
HOW IS AN ORDER OBTAINED?
Can be obtained in district, municipal, or superior court. The court will review the paperwork and grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing and temporary order. A hearing is scheduled within 2 weeks at which time the court may deny the petition or grant an order effective for up to one year or more.
Forms and instructions are provided by the Clerk's Office.
Can be obtained in superior court as part of a family law action such as a divorce, legal separation, custody action or paternity determination. A temporary restraining order can be filed at the time of a civil petition and signed by the judge effective until the preliminary hearing. Many persons obtain attorneys to represent them for this process. The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child.
Can be obtained in district or superior court. Person files a petition which involves filling out paperwork. After reviewing your petition the court may grant or deny a temporary emergency order effective for up to 14 days. The other party is served with the petition, notice of hearing and temporary order. A hearing is held within 14 days at which time the court may deny the petition or grant an order effective for up to one year or more. Forms and instructions are provided by the Clerk's Office.
By requesting the Prosecuting Attorney to seek the no contact order in the criminal proceeding filed against the perpetrator. (In some jurisdictions, orders are issued via the police or jail.)
WHAT IS THE COST?
There is no cost to petitioner.
There must be an existing action (dissolution, separation, paternity, etc.) filed. There is no additional fee for a restraining order in that case.
Filing fee is $53.00 in superior court. Additional costs can include copy, service and local surcharge fees. Fees may be waived.
WHAT HAPPENS IF THE ORDER IS KNOWINGLY VIOLATED?
Mandatory arrest if abuser violates "restraint" provisions or enters a residence where prohibited from entering. Possible criminal or contempt charges.
Violator may be arrested. Possible criminal or contempt charges.
Violator(s) shall be arrested.