| Kind of Order |
Sexual Assault Protection Order (SAPO) |
Domestic Violence Protection Order (EPO = Emergency
Protection Order & (Temporary Order for Protection)
PO = Order for Protection) |
No-Contact Order |
Restraining Order (TRO = Temporary Restraining Order
RO = Restraining Order) |
Anti Harassment Order
(EAHO= Emergency Anti-Harassment Order
PAHO= Permanent Anti-Harassment Order) |
Vulnerable Adult Protection Order |
| Nature of Proceeding |
Civil or criminal, in context of pending
criminal action or as a condition of
sentence, under RCW 7.90 |
Civil, under RCW 26.50 |
Criminal, in context of
pending criminal action,
under RCW 10.99. |
Civil, normally in context of
pending dissolution or other
family law action, under RCW
26.09, 26.10, 26.26. |
Civil, under RCW 10.14. |
Civil, Under RCW 74.34.110 and RCW 26.50. |
| Who may obtain order? |
A person who is a victim of nonconsensual sexual conduct
or
nonconsensual sexual penetration,
including a single incident, (who does not
qualify for a domestic violence protection
order) may petition for a civil order.
Minors under age of 16 with parent or
guardian.
The court may initiate issuance on behalf
of victims of sex offenses when criminal
charges are filed. |
A person who fears violence from a
“family or household member”
(10.99.020), or who has been the
victim of physical harm or fears
imminent physical harm, or stalking
from a “family or household member”,
(includes dating relationships). Minors
under age of 16 with parent or
guardian. |
Incident must have been
reported to the police.
Criminal charges must be
pending. Judge must
consider issuance pending
release of defendant from jail,
at time of arraignment, and at
sentencing |
Petitioner who is married to
respondent or has child in
common. |
Petitioner who has been seriously alarmed, annoyed or harassed by
a conduct which serves no legitimate or lawful purpose. Parties
generally are not married, have not lived together, and have no
children in common. |
A vulnerable adult who has been abandoned, abused, subject to
financial exploitation or neglect. The Department of Social and Health
Services may also obtain an order on behalf of a vulnerable adult. |
| Jurisdiction |
District, Municipal, or Superior Court. See
RCW 26.50.020(5).
Telephonic hearings available pursuant to
court rule and in limited circumstances. |
Telephonic hearings available in
limited circumstances.
• EPO–District, Municipal, or Superior
Court.
• PO–limited to Superior Court if
Superior Court has family law action
pending, or if case involves children
or order to vacate home. |
District, Municipal, or
Superior Court |
Superior Court only. |
District Court. Limited provisions for referring cases to Superior
Court. Municipal, District, or Superior for enforcement |
Superior Court |
| Cost to Petitioner |
No filing or service fees. |
No filing or service fees. |
None. |
Same as dissolution. Filing
fee waived if indigent. |
No filing or service fees for stalking, sexual assault or domestic
violence victims. |
Basic Superior Court filing fee which may be waived at discretion of
court. |
How does the respondent
receive notice? |
Notice of civil order served on the
respondent.
Notice of criminal order given to
defendant verbally and in writing when
order is entered. |
Notice served on the respondent.
Notice by certified mail, or publication
authorized in limited circumstances. |
Verbal and written notice
given at bail hearing,
arraignment, or sentencing |
Notice served on respondent
or respondent’s attorney. |
Notice served on respondent |
Notice served on the respondent. Notice by certified mail, or
publication authorized in limited circumstances. |
Consequences if order is
knowingly violated. |
Mandatory arrest for violating restraint
and exclusion provisions. Possible
criminal charges or contempt. Class C
felony if assault or reckless
endangerment, otherwise Gross
Misdemeanor. |
Mandatory arrest for violating restraint
and exclusion provisions. Possible
criminal charges or contempt. Class C
felony if assault or reckless
endangerment, otherwise Gross
Misdemeanor |
Mandatory arrest. Release
pending trial may be revoked.
Additional criminal or
contempt charges may be
filed. Class C felony if assault
or reckless endangerment,
otherwise Gross
Misdemeanor. |
Mandatory arrest. Gross
Misdemeanor. Possible
criminal charges or contempt |
Gross Misdemeanor. Possible criminal charges or contempt. |
Mandatory arrest for violating restraint and exclusion provisions.
Possible criminal charges or contempt. Class C felony if assault or
reckless endangerment, otherwise Gross Misdemeanor. |
| Maximum duration of order. |
• Temporary civil SAPO–14 days with
service.
• Full civil SAPO–Designated by court up
to two years.
• Criminal orders–Designated by court.
• Post sentencing provision may last up
to two years following imprisonment, or
community supervision, conditional
release, probation or parole. |
EPO–14 days with service.
• EPO–24 days certified mail or with
service by publication.
• PO–Designated by court, one year,
or permanent. |
Until trial and sentencing are
concluded. Post-sentencing
provision lasts for possible
maximum of sentence in
Superior Court or two years in
District or Municipal court. |
TRO–14 days.
• Preliminary injunction–
dependency of action.
• TRO in final decree–
permanent unless
modified. |
EAHO–14 days.
PAHO–1 year or permanent |
EPO–14 days with personal service.
EPO–24 days certified mail or with service by publication.
PO–Designated by court, one year, or permanent. |