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Washington Anti-Harassment Protection Order Attorney

Washington's laws governing all civil protection orders, including anti-harassment protection orders, are found in RCW 7.105. 

How do I apply for an anti-harassment 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 unlawful harassment?

Unlawful harassment means a knowing or willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to the other person and serves no legitimate or lawful purpose.

To constitute unlawful harassment, the conduct must cause the petitioner substantial emotional distress. 

Where do I file my petition?

In Washington, you can file your unlawful harassment 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 Seattle.  After your husband assaulted you, you temporarily move in with your sister, who lives in Vancouver.  You can file your petition in King County or Clark County. 

Example #2:  You are spending the night with your cousin in Bellingham, but you and your wife live in Everett.  Your wife sends you a threatening text message.  You can file your petition in Whatcom County, because you received the text message in Whatcom 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 an anti-harassment 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 an anti-harassment 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 an anti-harassment protection order?

Most courts charge approximately $50 to file an anti-harassment protection order petition.  The court will waive your fee, however, if you are indigent. 

The court will also waive your fee if your petition alleges at least one act of violence or non-consensual sexual conduct. 

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 service:  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

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 an anti-harassment 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 the 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 an anti-harassment 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 anti-harassment 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 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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