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EspañolAm I eligible to file for a domestic violence protection order?
You are eligible to file for a domestic violence protection order if you or your minor child have been the victim of domestic violence at the hands of an intimate partner or a family or household member.
The law defines “intimate partner” as:
- your spouse or former spouse;
- your domestic partner or former domestic partner;
- someone you have a child in common with, unless the child is conceived through sexual assault; or
- someone you are dating or dated if both you and the abuser are at least 13 years old.1
The law defines a “family or household member” as:
- someone related to you by blood, marriage, domestic partnership, or adoption;
- someone who you live with now or lived with in the past;
- someone who has a biological or legal parent-child relationship with you, including step-parents and step-children, grandparents and grandchildren, or a parent’s intimate partner and children; and
- a person who is acting or has acted as your legal guardian.2
You can also file a petition for a domestic violence protection order on behalf of your minor child or a vulnerable adult who is a family or household member.3 If you are under the age of 18, see Can I file for a domestic violence protection order if I am a minor?
If you do not meet any of these requirements, there may be another order that applies to your situation. Go to our Civil Anti-Harassment Orders page, Sexual Assault Protection Orders page, and Stalking Protection Orders page for more information. If someone other than one of these people is hurting you, there are other petitions that you may be eligible to file for protection against violence. See What other types of orders may help me?
1 R.C.W. § 7.105.010(20)
2 R.C.W. § 7.105.010(13)
3 R.C.W. § 7.105.100(1)(a)
Can I get a domestic violence protection order against a same-sex partner?
In Washington, you may apply for a domestic violence protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a domestic violence protection order? You must also be the victim of an act of domestic violence, which is explained in What is the legal definition of domestic violence in Washington?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can I file for a domestic violence protection order if I am a minor?
If you are younger than 18 but at least 15 years old, you can file for a domestic violence protection order on your own, without an adult. You may also petition on behalf of another minor child who is a family or household member if that child asks you to, and if you are capable of representing the other minor’s interests.1 If you are under 15, you will need an adult or a minor at least 15 years old who is a family or household member to file for you.2
The judge may appoint a guardian ad litem to represent you at no cost if you do not have a lawyer and if the judge thinks it is necessary.3
1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(3)
3 R.C.W. § 7.105.105(11)
How much does it cost? Do I need a lawyer?
There is no filing fee for a domestic violence protection order, and you cannot be charged a fee for service or for certified copies of an order either.1
You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the WA Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 R.C.W. § 7.105.105(9)(a)
Can a domestic violence advocate or other support person come to court with me?
You can have a domestic violence advocate or any support person come to court with you and talk to you in court. An advocate can also help you prepare the petition before you file it.1
1 R.C.W. § 7.105.250
What other types of orders may help me?
Restraining Order
A restraining order is filed as part of a divorce case, a paternity case, or other family law case.1 This is broader than a domestic violence protection order, since it can also deal with property issues, child support, or spousal support. If you are concerned about preventing the abuser from getting rid of your assets during your separation, you might contact an attorney to see about getting a restraining order.
No Contact Order
This order is intended to protect you if the abuser is in the process of a criminal case. The judge will decide whether or not to issue this order when s/he decides if the abuser is to be released on bail or personal recognizance, or when the abuser is formally charged or being sentenced. It does not award custody, establish visitation, or order counseling.2
You can read information about the following orders to see if you might qualify for any: Sexual Assault Protection Order, Stalking Protection Order, Civil Anti-Harassment Order, Vulnerable Adult Protection Order, and Extreme Risk Protection Order.
1 R.C.W. § 7.105.115(1)(b)
2 R.C.W. § 10.99.050
