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)