Restraining Orders

There are two types of sexual assault protection orders in Washington:

Temporary protection order
A temporary protection order is meant to protect you until the court hearing for a full protection order. The first order can be “ex parte,” which means it is issued without the abuser being notified. Temporary protection orders can also be issued between court dates before the completion of the hearing to decide on the full protection order.¹

In addition to requesting an ex parte temporary protection order, you can ask for an order to surrender and prohibit weapons until the full hearing can be held. If you request this, the judge will include your children in the ex parte temporary order unless there is a good reason not to.² A judge will grant an ex parte temporary order only if they believe that you are in danger of serious immediate harm or permanent (irreparable) injury.³

Ex parte temporary orders last for a fixed period of up to 14 days.² If the hearing date is extended and a temporary protection order is reissued, the new date must be within 14 days.⁴ Any temporary order to surrender and prohibit weapons that the judge gave you will be reissued as well.⁵ If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.⁴ Your ex parte temporary order should clearly state the expiration date.⁶

Full protection order
A full protection order can be issued only after the abuser is notified and there is a court hearing in which you and the abuser both have a chance to tell your sides of the story and present evidence, witnesses, etc. It can also be entered by agreement of the parties without the need for a hearing.⁷ The hearing can be held in person or remotely.⁸

Generally, the full sexual assault protection order can be for a specific amount of time or permanent. Unless you ask for a shorter amount of time, the order will last for at least one year.⁹ If it only lasts for a fixed period, you can ask to have it extended.¹⁰

Note: If the judge included in the order that the abuser cannot contact their minor children, then that part of the protection order can only last up to one year, but you can apply to extend (renew) that part of the order at the end of the one-year period.¹¹ To get more information, please see How do I extend my protection order?

For information on other types of orders available in Washington, see What other types of orders may help me?

¹ R.C.W. § 7.105.010(36)
² R.C.W. § 7.105.100(8)
³ R.C.W. § 7.105.305(1)
⁴ R.C.W. § 7.105.200(3)
⁵ R.C.W. § 7.105.400(2)
⁶ R.C.W. § 7.105.305(2)
⁷ R.C.W. § 7.105.010(18)
⁸ R.C.W. § 7.105.205(1)
⁹ R.C.W. § 7.105.315(1)
¹⁰ R.C.W. § 7.105.405(1)
¹¹ R.C.W. § 7.105.315(2)(a)

The judge in a protection order case has broad powers to issue orders that are appropriate to your situation, including:

• ordering the abuser:
  • not to do the following against you or anyone else protected by the order:
    • acts of domestic violence;
    • nonconsensual sexual conduct or nonconsensual sexual penetration;
    • sexual abuse;
    • stalking;
    • acts of abandonment, abuse, neglect, or financial exploitation against a vulnerable adult; and
    • unlawful harassment;
  • not to contact you or your children, your family members, or members of your household;
  • to stay away from your home, even if you share it with the abuser, as well as your work, school, or from the school or day care of your children;
  • not to come within a certain distance from a specific location;
  • to participate in a domestic violence perpetrator treatment program or a sex offender treatment program;
  • to get a mental health or chemical dependency evaluation;
  • not to attend the same school as you or your children, if the order protects your child;
  • to pay the court costs and fees for your petition, including reasonable attorneys’ fees;
  • not to harass you, follow you, keep you under physical or electronic surveillance, cyberharass you, or use telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of you, your children, or members of your household;
  • to submit to electronic monitoring, unless the abuser is a minor;
  • to surrender their firearms and not have access to any other firearms if certain conditions are met; Note: See section (1) of RCW 9.41.800 on our Selected Washington Statutes page for these conditions;
  • not to engage in abusive litigation or make false reports to investigative agencies;
  • not to make false statements against you to damage your reputation (libel) or to send harassing communications to third parties;
  • not to have or distribute intimate images of you, and to take down and delete any such images the abuser may have posted;
• making a temporary order about the living arrangement of your children, which can suspend visitation under a parenting plan if appropriate;
• making an order regarding possession of your essential personal property, including a pet owned by you, your children, or the abuser;
• making an order regarding the use of a vehicle; or
• prohibiting the transfer of any assets you jointly own with the abuser and ordering other financial relief.¹

Whether or not a judge orders any or all of the above depends on the facts of your case.

It’s also important to know that the law discourages the use of “mutual” protection orders of any type. Mutual protection orders are when a judge issues two orders at the same time, with each party getting one order naming them as the petitioner. It is a common tactic for someone trying to control a partner to ask for a protection order against the victim. However, if both you and the abuser file for an order, the judge should try to issue only one order against the person the judge believes is the abuser.² 

Note: The judge cannot require that you, as the petitioner, get any services, including drug testing, victim support services, mental health assessments, or a psychological evaluation.³

¹ R.C.W. § 7.105.310(1)
² R.C.W. § 7.105.310(6)
³ R.C.W. § 7.105.310(4)(a)