Restraining Orders

Violating a protection order is against the law. There are two ways to get help if the abuser violates the order.

You may file for civil contempt if the abuser does anything that your protection order tells them not to do.¹ To file for civil contempt, you can go to the clerk’s office in the courthouse where the order was issued.

You can also seek justice through the criminal justice system by reporting the abuser to the police. Violation of a protection order can be a “gross misdemeanor,” which is punishable by imprisonment in the county jail for up to 364 days, a fine of up to $5,000, or both. In certain cases, such as where there have been prior violations of protection orders or if the abuser commits an assault or creates a substantial risk of death or serious physical injury when violating the order, it can be a class C felony, which is punishable by up to five years in prison, a fine of up to $10,000, or both.²

A violation that consists of entering a residence, workplace, school, day care, or other areas the judge has ordered the respondent to get out of (vacate), or stay away from, subjects the respondent to a mandatory arrest.³

Note: Even without a protection order, in certain situations an arrest is mandatory on domestic violence calls. If the officer has probable cause to believe an assault was committed on a family or household member or intimate partner within the preceding four hours, they have to arrest the abuser. The officer must also believe that:

1. it was a felony assault;
2. the assault caused bodily injury to the victim; or
3. a physical act took place that was intended to cause the victim to fear immediate (“imminent”) serious bodily injury or death.⁴ 

To read more information about what type of assault must have been committed, you can read section 10.31.100(2)(d) of the law on our Selected Washington Statutes page.

¹ R.C.W. § 7.105.450(3)
² R.C.W. §§ 7.105.450(4), (5); 9A.20.021(1)(c), (2)
³ R.C.W. § 7.105.450(2)
⁴ R.C.W. § 10.31.100(2)(d)