Restraining Orders

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 they have 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; they 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 on 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
• custodian.¹

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.”¹ 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.¹ 

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.²

Note: The judge cannot deny your petition for a protection order because any of the following are true:

• you or the harasser are under 18 years of age, unless the law limits what kind of remedy you can get based on your age;
• you did not report the harassment to law enforcement;
• there is a no-contact or restraining order limiting the harasser’s contact with you issued in a criminal or domestic relations case;
• the remedies you ask for are available in a different type of case, including another type of protection order;
• a criminal case is pending against the harasser;
• time has passed since the last incident causing you to file the petition; or
• the harasser no longer lives near you.³

These things should not matter to the judge when deciding whether or not to grant you an anti-harassment protection order.

¹ R.C.W. § 7.105.100(1)(f)
² R.C.W. §§ 7.105.010(7)(a); 7.105.010(37)
³ R.C.W. § 7.105.225(2)

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.² 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.

Note: 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)