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Washington Domestic Violence Protection Order Attorney

Washington's laws governing all civil protection orders is found in RCW 7.105. 

How do I apply for a domestic violence protection order?

You must file in the appropriate court (district or superior) a petition and a supporting declaration, signed under penalty of perjury, describing the reasons for your request.

You must also serve these documents on the opposing party. 

How does Washington define domestic violence?

Typically, we think of domestic violence as physical assault, but Washington's definition of domestic violence is much broader. 

Under Washington law, domestic violence means any of the following committed against a family or household member

  • Physical harm
  • Bodily injury
  • Infliction of fear of physical harm
  • Nonconsensual sexual conduct / non-consensual sexual penetration
  • Coercive control
  • Unlawful harassment

Where do I file my petition?

In Washington, you can file your petition in the county where you live.  You can also file your petition in any of the following counties: 

The county where the act giving rise to the protection order occurred

The county where you previously resided if you moved to get away from the respondent

Example #1You and your husband live in Bremerton.  After your husband assaulted you, you temporarily move in with your sister, who lives in Tacoma.  You can file your petition in Kitsap County or Pierce County. 

Example #2:  You are spending the night with your cousin in Friday Harbor, but you and your wife live in Anacortes.  Your wife sends you a threatening text message.  You can file your petition in Island County, because you received the text message in Island County.

What court do I file my petition?

In Washington, you can file your petition in either district court or superior court.  However, only the superior court has jurisdiction over the following types of cases:

  • The superior court has exercised or is exercising jurisdiction over the parties
  • The protection order, if granted, would interfere with the respondent's custody over his minor children
  • The protection order would exclude the respondent from a shared dwelling

If you file a petition in district court and the court determines that the case meets one of these three tests, the district court must transfer the case to superior court. 

Before transferring the case, however, the district does have the authority to enter a temporary protection order. 

Therefore, we recommend that you file your petition directly in superior court if it meets one of these three tests to simplify the process. 

Example #1:  You and your brother live together in Moses Lake.  After a fight, you file petition for a domestic violence protection order, asking for your brother to stay 1,000 feet away from you.  You must file your petition in Grant County Superior Court. 

Example #2:  You and your spouse are engaged in divorce proceedings in Cowlitz County Superior Court.  After your husband assaults you, you file for a protection order in Cowlitz County District Court. 

The district court may enter a temporary protection order but regardless must transfer the case to superior court after the hearing. 

Can I petition for a domestic violence protection order if the other party doesn't live in Washington?

Yes, in certain cases.

In Washington, the court can exercise personal jurisdiction over the respondent if one of the following occurs:

  • You personally serve the respondent in the state
  • The respondent consents to jurisdiction in the state
  • The alleged conduct giving rise to the protection order occurred in Washington

Example:  You live in Spokane, and your brother lives in Portland, Oregon.  After an argument, your brother calls you and threatens to kill you.  You apply for a protection order in Spokane County and process server hands your brother the paperwork when he is visiting one of your family members in Spokane County. 

Spokane County has personal jurisdiction over your brother.   

How much does it cost to file a domestic violence protection order?

There is no filing fee in Washington to apply for a DVPO. 

How do I serve my petition on the other party?

Depending on the type of case, you may be able to serve your documents electronically or you must serve documents in-person.

Personal serviceYou must personally serve the respondent in these cases:

  • Your petition requires the respondent to surrender firearms or dangerous weapons
  • Your petition requests a change in primary custody of the children from one parent to another
  • Your petition requests the court order the respondent to vacate a shared residence
  • The respondent is incarcerated

In all other cases, you can accomplish service electronically.  

How long do I have to serve the other party?

You must serve the other party no later than five (5) judicial days before the hearing date.

If you cannot accomplish service before the hearing, or you serve the respondent too late, the court will re-schedule the hearing.

The respondent is avoiding service.  What do I do?

If you have made two unsuccessful attempts to personally serve the opposing party, you may serve the other party electronically by email, text message, or via social media. 

Can I file a petition on behalf of my child?

Yes.

You can petition for a domestic violence protection order on behalf of yourself and on behalf of a minor family or household member. 

How can I apply for an emergency protection order?

If you prove that the respondent poses a risk of serious immediate harm, the court can enter an ex-parte temporary protection order and schedule a full hearing. 

You do not need to notify the other party when you are requesting a temporary order, but you will have to serve the other party a copy of the order and notify him or her about the full hearing. 

How long does a temporary order last?

In Washington, the court must schedule a hearing no later than 14 days after issuing a temporary protection order, unless the respondent agrees to an extension. 

The court may also extend a temporary order for an additional 14 days if you need mor time to serve the respondent. 

How does a domestic violence protection order hearing work?

The court hears evidence from both parties and makes a ruling.  The petitioner has the burden of proof and must prove the allegations by a preponderance of the evidence—that is, more likely than not.

In district court, a judge usually presides over a hearing.  In superior court, a court commissioner typically presides. 

Will I get to testify at the hearing?

Courts have discretion how to conduct a hearing.  Some judges allow live testimony, others rule solely based on the written documents.  When testimony is allowed, some judges permit cross-examination, others do not. 

Can I have witnesses testify on my behalf?

Usually, but many courts may only allow your witnesses to submit written declarations. 

Do the rules of evidence apply in domestic violence protection order hearings?

Not necessarily.

Judges may apply the rules of evidence, but in our experience, they rarely do.  This means courts will allow hearsay and other types of character evidence that normally wouldn't be allowed in typical civil hearings. 

Can I request a lifetime protection order?

Yes.

Following a hearing, the court decides whether to enter a permanent protection order or an order for a specific period.  Absent extraordinary circumstances, however, courts typically entre protection orders for no more than one year. 

Can I file a petition to renew the protection order before it ends?

Yes.

Under RCW 7.105.405, you can file a motion to renew a SAPO at any time within 90 days before the order expires. 

At the renewal hearing, unlike the original hearing, the respondent has the burden to prove that he or she proves by a preponderance of the evidence that he or she will not there has been a “substantial change in circumstances.” 

To determine whether there has been a substantial change in circumstances, the court considers factors such as: 

  • Whether the respondent has violated the order or committed any crimes since the court issued the order
  • Whether the respondent will engage in similar acts of illegal sexual conduct in the future
  • Whether the respondent has successfully completed treatment
  • Whether the respondent as acknowledged responsibility for the conduct giving rise to the order

Can I appeal the court's ruling?

Yes.

You can appeal the district court's order to the superior court.  If the case is heard in superior court, you can appeal the order to the Court of Appeals.  Regardless of the court, you have 30 days to file an appeal. 

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