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 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)