Restraining Orders

To get a sexual assault protection order, you must show that you have been the victim of nonconsensual sexual conduct, nonconsensual sexual penetration, or commercial sexual exploitation. The judge cannot deny your petition for a sexual assault protection order even if any of the following are true:

• you or the offender is 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 assault to law enforcement;
• there is a no-contact or restraining order limiting the offender’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;
• a criminal case is pending against the offender;
• time has passed since the last incident causing you to file the petition;
• the offender no longer lives near you;
• you or the offender were voluntarily intoxicated by alcohol or drugs;
• you agreed to some sexual touching before the sexual assault;
• you do not have any forensic evidence; or
• you do not have proof of a physical injury.¹

These things should not matter to the judge when deciding whether or not to grant you a sexual assault protection order.

If you are a minor, the Department of Children, Youth, and Families or a law enforcement agency may also file for a sexual assault protection order on your behalf.² For more information, see Can I file for a sexual assault protection order if I am a minor?

Note: If you were sexually assaulted by a current or former intimate partner or family or household member, then you may qualify for a domestic violence protection order. However, a judge cannot deny your sexual assault protection order based on whether you would also qualify for a different type of order.³

¹ R.C.W. § 7.105.225(2), (3)
² R.C.W. § 7.105.110(3), (4)
³ R.C.W. §§ 7.105.100(5); 7.105.110(2)(d)