Law Blog

Washington Restraining Orders

Clients and potential clients frequently have questions about restraining orders, and whether their circumstances entitle them to receive the protection afforded by such an order.  In Washington, courts can issue different types of restraining orders, depending on the circumstances, to prevent contact.  Contact includes not only personal contact, but also phone calls & text messages, emails, social media, or through a third person.

Restraining Orders

This is a civil (non-criminal case) order, usually filed in family law cases such as dissolution or child custody, but can be issued in other contexts. A restraining order can be quite broad, and may address property issues, domestic violence, or spousal support.  Such an order can be tailored by the court to address specific issues.

Requirements
: May be obtained by a petitioner in a civil case seeking to restrain an action or behavior by an adverse party.

Duration
: A temporary order can last up to 14 days.  A restraining order in a final decree can be permanent unless modified by the court.

Consequences of Knowing Violation
: The police are required to make an arrest.  This is a Gross Misdemeanor and can carry a sentence up to 364 days in jail and a maximum fine of $5,000.

Domestic Violence Protective Orders
 (DVPO)
:
A civil order issued at the request of a person claiming to be a victim of domestic violence.  RCW 26.50.010(3) defines domestic violence as “physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.”

Requirements
: Note the requirement of “family or household member.”  To get a DVPO issued, one must claim physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; sexual assault of one family or household member by another; or stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

Minors under 16 must seek the order through a parent/guardian.  However, a Petitioner who is 13 years old or older may petition themselves if the Respondent is 16 or over and the Petitioner claims to have been the victim of violence in a dating relationship.

Duration
: A temporary order can last up to 14 days if there is an emergency.  After a hearing, the court can issue an order from one year duration to permanent.

Consequences of Knowing Violation
: The police are required to make an arrest.  In addition to facing possible contempt charges, a knowing violation is a Gross Misdemeanor.  If the violation is an assault that does not amount to assault in the first or second degree, then it is a Class C felony, which can carry a sentence up to 5 years in prison and a maximum fine of $10,000.

No Contact Orders
:

These orders, sometimes called “criminal protective orders,” are part of a criminal action and the court decides when to issue them under the appropriate circumstances.  A no contact order may be issued as a condition of release after an arrest for a domestic violence-related charge.  Sometimes this causes hardship when the accused and alleged victim share housing or children, as permission cannot be given by a party to violate the order.  Furthermore, a court may decline to terminate an order even if the alleged victim asks the judge to do so.

Requirements: An incident reported to the police and pending criminal charges.

Duration
:  The full length of the case unless the court decides otherwise or modifies the original order.

Consequences of Knowing Violation
: The police are required to make an arrest.  Pre-trial release will be reconsidered and could lead to revocation.  Conviction is a Gross Misdemeanor.  However, if the violation involves an assault, drive-by shooting, or reckless endangerment, then it is a Class C Felony.

Anti-Harassment Orders
:

A civil order issued to protect a person claiming harassment when the situation does not call for a DVPO, i.e. the parties are not married, have not lived together and have no children in common.

Requirements
: Any person who alleges being seriously alarmed, annoyed, or harassed by conduct that (1) serves no legitimate or lawful purpose and (2) would cause a reasonable person to suffer substantial emotional distress.

Duration
: A temporary order can last up to 14 days if there is an emergency.  After a hearing, the court can issue an order from one year duration to permanent.

​Consequences of Knowing Violation
: The police have discretion in making an arrest.  A conviction will result in a Gross Misdemeanor, and the accused could face contempt charges as well.