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Protection Orders
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 of most protection orders is to order the "respondent" not to contact or harm the "petitioner."
State law establishes who can seek them, who they can protect, who they can restrain, when and where court hearings are conducted, what costs may be incurred, ect.
TYPES OF PROTECTION ORDERS
- Domestic Violence Protection Order
- Sexual Assault Protection Order
- Vulnerable Adult Protection Order
- Anti-Harassment Orders
- Extreme Risk Protection Order
Domestic Violence Protection Order
Filing Fee: None
RCW 7.105: Domestic Violence means (a) physical harm, bodily injury, assault or the infliction of fear of physical harm, bodily injury or assault; nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or(b) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.
Relationship: Family or Household Member
- Current or former spouses or domestic partners
- People with a child(ren) in common
- Adults related by blood or marriage
- Adults who presently reside together or who previously resided together
- People age 15 or older who live or lived together and/or who have had a dating relationship
- People who have a biological or legal step-parent or step-child relationship. This includes stepparents and stepchildren and grandparents and grandchildren
Sexual Assault Protection Order (SAPO)
Filing Fee: None
RCW 7.105: A sexual assault protection order can be filed when the petitioner alleges the existence of nonconsensual sexual conduct or nonconsensual sexual penetration was committed against the petitioner by the respondent.
Who May File:
- Anyone who does not qualify for a DVPO under RCW 7.105 and who is a victim of nonconsensual sexual conduct/penetration
- On behalf of a minor child, where the petitioner is the parent, legal guardian, or custodian
- On behalf of a vulnerable adult, where the petitioner is an interested person
- On behalf of any other adult who because of age, disability, health or inaccessibility cannot file the petition, where the petitioner is interested in the adult's well being
Vulnerable Adult Protection Order (VAPO)
Filing Fee: None
RCW 7.105: Petition may be filed by vulnerable adult or “interested person” on behalf of the vulnerable adult. Petitioner must allege that there has been intentional, willful, or reckless action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. Petition must state specific facts and circumstances which demonstrate need for relief sought.
A Vulnerable Adult:
- Is over the age of 60 and has no functional, mental or physical ability to care for self
- An individual subject to guardianship under RCW 11.130.25 or an individual subject to conservatorship under RCW 11.130.360
- Has a developmental disability
- Has been admitted to a facility (nursing home, assisted care, etc.)
- Receiving services from home health, hospice or individual provider
- Self-directs care but gets services from personal aide under RCW 74.39
Anti-Harassment Orders
Filing Fee: $53
Most anti-harassment cases will be filed with Wahkiakum County District Court.
There are certain circumstances when an Anti-Harassment petition should be filed with Superior Court:
- Current or former spouses or domestic partners
- Adults who presently reside together or who previously resided together
- People age 15 or older who live or lived together and/or who have had a dating relationship
Extreme Risk Protection Order (ERPO)
Filing Fee: None
RCW 7.105: An Extreme Risk Protection Order can be filed by a law enforcement agency, a law enforcement officer or a person who is a family or household member of the respondent. The order is filed against a person who poses a significant danger of causing personal injury to self or others in the near future by having firearms. Factors that demonstrate such a risk can include threatening or violent behavior, threats, or self-harm, and abuse of drugs or alcohol. The order directs a person to surrender their firearms. It would be illegal to access, receive, purchase, possess or have control of firearms. It also restrains the person from obtaining a concealed pistol license and orders surrender of the license if they already have one.
Filing an Order for Protection
You will complete forms asking the court for a Temporary Order for Protection. In these forms, the person seeking protection is the petitioner, and the other party is the respondent. You’ll be asked to describe the incidents that led you to seek protection, provide the respondent’s date of birth, and where they can be served with legal papers. Be as specific and detailed as possible. A Judge will review your forms and make a decision based on the information you provide.
Protection Order Packet - Download Protection Order Packet (This packet is now used for the following types of Protection Orders - Domestic Violence, Sexual Assault, Vulnerable Adult, Stalking, and Anti-Harassment. You must designate the type of Order you are requesting in the documents where indicated.)
Forms can also be found on the Washington State Courts website. Additional information on how to obtain a protection order can be found at www.washingtonlawhelp.org.
Printable Domestic Violence and Helpful Resources Guide
Methods of Filing
- In Person - bring completed packet to the Wahkiakum Clerk's Office located:
Wahkiakum Clerk’s Office
64 Main Street
Cathlamet, WA 98612
- Via Email - Email the completed documents to superiorcourt@co.wahkiakum.wa.us.
Importance of the Protection Order
The importance of the Order for Protection is that it lets the respondent, and the police know that you are serious in your determination to be safe. Violation of an order is a crime. If the respondent threatens or harms you or comes to a place the court has ordered him/her to stay away from, call 911.
Washington's Hope Card Program
The Hope Card Program makes it easier for individuals with full civil protection orders to carry important details about their orders. These wallet-sized, durable cards include the information law enforcement needs to verify a protection order if a violation occurs. Hope Cards are a simpler way to inform police, employers, schools, or landlords about your protection order and are free.
For information or to request a Hope Card, please visit www.courts.wa.gov/hopecard.