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EspañolAm I eligible to file for a sexual assault protection order?
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)
Can I file for a sexual assault protection order if I am a minor?
If you are between 15 and 18 years old, you can file for a sexual assault 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 someone at least 15 years old who is a family or household member to file for you.2
If you are a minor, the Department of Children, Youth, and Families or a law enforcement agency may also file for an order on your behalf. This can happen if they believe that you don’t have the ability to consent.3
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.4
1 R.C.W. § 7.105.100(2)
2 R.C.W. § 7.105.100(3)
3 R.C.W. § 7.105.110(3), (4)
4 R.C.W. § 7.105.105(11)
How much does it cost? Do I need a lawyer?
There is no filing fee for a sexual assault 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 sexual assault advocate come to court with me?
You can have a sexual assault 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 are the steps to get a sexual assault protection order?
The steps for getting a sexual assault protection order are similar to the steps for getting a domestic violence protection order. See Steps for getting a domestic violence protection order for more information. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a sexual assault protection order.
