Washington's laws governing all civil protection orders, including sexual assault protection orders (SAPO), are found in RCW 7.105.
How do I apply for a sexual assault 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.
Am I eligible to apply for a sexual assault protection order?
To file for a SAPO, you must be the victim of “nonconsensual sexual conduct” or “nonsexual sexual penetration,” as defined in RCW 7.105.010.
In other words, you do not need to prove that the respondent raped you or committed a serious sexual assault against you. Any unlawful sexual contact—even a single incident—is sufficient to petition for an order.
My girlfriend / boyfriend sexually assaulted me. Should I apply for a domestic violence protection order or a sexual assault protection order?
You can apply for either a domestic violence protection order or a SAPO.
What county do I file my petition?
In Washington, you can file your SAPO 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: You are spending the night with your friends in Tacoma, and one of your friends sexually assaults you. You live in Wenatchee.
You can file your petition in Pierce County (where the incident occurred) or Chelan County (where you live).
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: You and your roommate rent an apartment in Chehalis. One night, your roommate sexually assaults you. The next day, you file a SAPO petition in Lewis County District Court. In your petition, you ask the district court to exclude your roommate from the apartment.
The district court may enter a temporary protection order but regardless must transfer the case to Lewis County Superior Court after the hearing. This is because the order restricts your roommate from accessing a shared residence.
Can I petition for a sexual assault 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 boyfriend lives in Portland, Oregon. After your boyfriend sexually assaults you one night, you petition for a SAPO and the process server you hired serves him the paperwork when he is visiting family in Washington. Spokane County has personal jurisdiction over your brother.
How much does it cost to file an anti-harassment protection order?
There is no fee for filing a SAPO petition in Washington, regardless of which court or county you file.
How do I serve my petition on the other party?
In Washington, you can serve your SAPO petition electronically. This means not just email but via text message or social media.
Exception: You 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 Washington, personal service means that someone else (not you) must physically hand-deliver the documents to the respondent. This includes, in most cases, police officers or process servers.
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.
Can I file a petition on behalf of my child?
Yes.
You can petition for a SAPO on behalf of yourself and on behalf of a minor family or household member.
How do 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.
In most courts, you can go in any day of the week and request a temporary protection order.
How long does the temporary order last?
In Washington, the court cannot issue (or re-issue) a temporary protection order for more than 14 days unlessthe other side 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 the court conduct a sexual assault protection order?
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?
Maybe.
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 sexual assault protection 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.