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Legal Information: Washington

Restraining Orders

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Updated: 
December 15, 2023

Am I eligible to file for an anti-harassment protection order?

You do not have to have any specific type of relationship with the abuser to file for a civil anti-harassment order as long as s/he has committed the type of harassment described in What is the legal definition of harassment?1 For example, the abuser may or may not be related or married to you; s/he could be a significant other, neighbor, co-worker, or relative.

If you are being harassed by an intimate partner or family/household member, you may also qualify for a domestic violence protection order. If you are dealing with stalking or sexual assault, you may also qualify for a stalking protection order or a sexual assault protection order. However, the judge cannot deny your anti-harassment protection order based upon whether you would qualify for another type of order.2

Also, you can file on behalf of a minor child if you are the child’s:

  • parent;
  • legal guardian; or
  • custodian1

If you are under the age of 18, see Can I file for a civil anti-harassment order if I am a minor?

You may also file on behalf of a “vulnerable adult” who is the victim of unlawful harassment if you are what the law considers to be an “interested person.”3 A vulnerable adult is defined as someone who:

  • is 60 years old or older and is not functionally, physically, or mentally able to care for himself or herself;
  • is subject to a guardianship or conservatorship;
  • has a developmental disability;
  • was admitted into a facility;
  • is receiving services from a home health care aide or agency, a hospice, or an individual provider; or
  • is directing his/her own care and receiving services from a personal aide.4

An interested person is anyone who proves to the judge that:

  • s/he is interested in the welfare of the vulnerable adult;
  • s/he has a good faith belief that the court’s intervention is necessary; and
  • at the time the petition is filed, the vulnerable adult is unable to protect his or her own interests due to incapacity, undue influence, or duress.5

You may also file on behalf of any other adult if you can demonstrate that:

  1. you are interested in the adult’s well-being;
  2. the court’s intervention is necessary; and
  3. the adult cannot file the petition because of age, disability, health, or inaccessibility.3 

If you are going to apply for an anti-harassment protection order, remember to be specific about how the abuser has harassed you and about the effect it had on you.  According to the law, unlawful harassment must have caused you substantial emotional distress whether it was a single act or a series of acts.6

1 See R.C.W. § 7.105.100(1)(f)
2 R.C.W. § 7.105.100(5)
3 R.C.W. § 7.105.100(1)(f)
4 R.C.W. §§ 74.34.020(21); 7.105.010(37)
5 R.C.W. §§ 74.34.020(11); 7.105.010(19) 
6 R.C.W. §§ 7.105.010(6)(a); 7.105.010(36)

Can I file for a civil anti-harassment order if I am a minor?

If you are younger than 18 but at least 15 years old, you can file for a civil anti-harassment protection order on your own, without permission from an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to, and if you are capable of representing the other minor’s interests.1 An adult who is your parent, legal guardian, or custodian can also file on your behalf if you prefer.2 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.3

The judge may appoint a guardian ad litem to represent you (at no cost) if you do not have a lawyer and if the judge thinks it is necessary.4

1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(1)(f)
3 R.C.W. § 7.105.100(3)
4 R.C.W. § 7.105.105(11)

If the abuser lives in a different state, can I still get an order against him/her?

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
  2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
    • agreement (“consent”);
    • “entering a general appearance,” which often means s/he show up in court at the return court date; or
    • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
  3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
    • in Washington; or
    • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
  4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
  5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.1

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.3 If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.4

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

1 R.C.W. § 7.105.080(1)
2 R.C.W. § 7.105.080(2)
3 R.C.W. § 7.105.080(3)(a)
4 R.C.W. § 7.105.080(3)(b)