Seattle DUI Lawyers

Generally, a civil protection order prohibits the respondent from contacting the petitioner and does not specifically prohibit the petitioner from making contact. However, the respondent may be considered to be in violation of the order if he or she responds to contact initiated by the petitioner. Thus, if the petitioner wishes to be in contact with the respondent, he or she should consider seeking modification or termination of the order.

The criteria are different for each type of civil protection order. For a domestic violence protection order, the petitioner must allege domestic violence committed by an intimate partner or family or household member. A person may petition on behalf of himself or herself or on behalf of minor family or household members.

Until July 1, 2022, a petition for a sexual assault protection order may only be filed by someone who does not qualify for a domestic violence protection order and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration. A petition may also be filed on behalf of a minor child, vulnerable adult, or any other adult who cannot file on their own due to age, disability, health, or inaccessibility. After July 1, 2022, a person who qualifies for a domestic violence protection order is not prohibited from obtaining a sexual assault protection order but is encouraged to obtain a domestic violence protection order instead.

Until July 1, 2022, a person may petition for a stalking protection order if they are the victim of stalking conduct and do not qualify for a domestic violence protection order. A parent or legal custodian may petition on behalf of a minor child. An adult with whom a child is living may petition on behalf of a child if the respondent is not a parent. An interested person may petition on behalf of a vulnerable adult. Effective July 1, 2022, a person who qualifies for a domestic violence protection order is not precluded from obtaining a stalking protection order, but is encouraged to obtain a domestic violence protection order instead. Additionally, effective July 1, 2022, a person may petition for a protection order on behalf of any other adult for whom the petitioner is interested in the adult’s well-being and can show that court intervention is necessary and the adult cannot file the petition on their own due to age, disability, health or inaccessibility.

A vulnerable adult or an interested person on his or her behalf may file a vulnerable adult protection order petition to protect the vulnerable adult from abandonment, abuse, financial exploitation or neglect, or the threat thereof. The department of social and health services may also file a petition on behalf of a vulnerable adult. “Vulnerable adult” is defined by the statute and includes individuals who are at least 60 years old and functionally, mentally, or physically unable to care for themselves, who have been found incapacitated, who have a developmental disability, who have been admitted to a facility, or who receive certain services.

A petition for an extreme risk protection order may be filed by a member of the respondent’s family or household or by law enforcement. The petition must allege the respondent poses significant danger of personal injury to himself or herself or others by having possession of, access to, or the ability to purchase a firearm.

An anti-harassment protection order may be filed against a person who has engaged in unlawful harassing behavior. Until July 1, 2022, an anti-harassment order may not be issued for actions covered by the Sexual Assault Protection Order Act or domestic violence laws.

To obtain a civil protection order, the petitioner must show that the circumstances and actions meet the requirements for that type of order. Although civil protection orders may grant the petitioner possession of essential personal effects and the use of a vehicle, they generally may not order child or spousal support or assign most property. A restraining order is a broader civil order that is often issued as part of a pending family law case. A restraining order may also deal with other issues, including property, child and spousal support, and temporary custody.

A civil protection order is issued by a civil court following a petition by or on behalf of the person to be protected. Civil protection orders may be available even if the conduct does not meet the requirements for criminal charges or if criminal charges are not filed. Because a civil protection order is a civil matter, a respondent is not entitled to a court-appointed attorney.

A no-contact order is issued as part of a criminal case and is intended to protect a person during the criminal case. It may be issued when the court determines if the defendant will be released on bail or his or her own recognizance. A no-contact order is generally shorter in duration than a civil protection order.

Six types of civil protection orders are available in Washington: domestic violence protection orders, vulnerable adult protection orders, anti-harassment protection orders, sexual assault protection orders, stalking protection orders, and extreme risk protection orders.