Restraining Orders

Laws current as of August 1, 2024

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
Make several copies of the order as soon as possible.
Keep a copy of the order with you at all times.
Leave copies of the order at your work place, at your home, at your child’s school or daycare, in your car, with a sympathetic neighbor, and so on.
Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
Give a copy of the order to anyone who is named in and protected by the order.
You may wish to consider changing your locks, if permitted by law, and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received the protection order from the clerk.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. For suggestions, go to our Safety Planning page.

What if the abuser violates the order?

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 him/her not to do.¹ To file for civil contempt, 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 and/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 vacate or stay away from, subjects the respondent to a mandatory arrest.³

Note: An arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an adult abuser committed an assault on a family or household member or intimate partner within the preceding four hours. The officer must also believe:

It was a felony assault;
The assault caused bodily injury to the victim; or
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 the law on our Selected Washington Statutes page, section 10.31.100(2)(d).

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)

Can I file a motion to change or terminate my stalking protection order?

To change (modify) your order, go back to the court where you got it and file a petition with the clerk. After holding a hearing, the judge can modify or end (terminate) a protection order if you or the abuser files a motion asking the judge to do so.¹

The respondent must be personally served with your motion and notice of the hearing at least five days before the court date unless the judge has allowed the abuser to be served by publication or by mail.²Then there will be a hearing where the judge will hear from both sides and will decide whether or not to give you what you requested.

¹ R.C.W. § 7.105.500(1)
² R.C.W. § 7.105.165(1)

Can the abuser file a motion to change or terminate my protection order?

If the abuser files a motion to modify or terminate a stalking protection order, s/he must include facts and circumstances explaining the request for changing or ending the order in what is called a “declaration.” You will then have the option to file a response, known as an “opposing declaration.”¹ You must be personally served with the respondent’s motion and declaration at least five days before the hearing.² The judge will read both declarations and decide if there is enough of a reason (adequate cause) to schedule a hearing. If the judge decides that there is adequate cause, the judge will hold a hearing during which both sides will present evidence and testimony.¹

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued, which makes it unlikely that the respondent would commit future acts of stalking against you or anyone else protected in the order.³ If the judge decides there is no adequate cause, the judge will dismiss the respondent’s motion and will deny his/her request.¹

The respondent is not allowed to file this type of motion more than once every 12 months.⁴

It is important to know that for either a request to modify or terminate, you do not have to prove that you have a current, reasonable fear of immediate harm by the respondent to keep the order.³ For more information, see What factors will a judge consider when deciding whether or not to terminate my full protection order?

¹ R.C.W. § 7.105.500(2)
² R.C.W. § 7.105.165(1)
³ R.C.W. § 7.105.500(3)
⁴ R.C.W. § 7.105.500(7)

What factors will a judge consider when deciding whether or not to terminate my full protection order?

The judge will consider the following factors when considering if there has been a substantial change in circumstances that would make it unlikely that the respondent would commit future acts of stalking:

whether or not the abuser has done any of the following:
- committed or threatened domestic violence, sexual assault, stalking, or other harmful acts since the protection order was entered;
- violated the protection order , and the time that has passed since the order was entered;
- expressed a desire to commit suicide or has attempted suicide since the protection order was entered;
- been convicted of a crime since the protection order was entered;
- either accepted responsibility for the acts of stalking that are the basis for the protection order, or successfully completed perpetrator treatment or counseling since the protection order was entered;
- is abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
whether or not you agree with the abuser’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
other factors relating to a substantial change in circumstances.¹

Note: The judge cannot make his/her decision based only on the fact that time has passed without a violation of the order.² Also, even if the abuser proves that there has been a substantial change in circumstances, the judge can still deny the request to terminate the order if the stalking that caused you to get the protection order was so severe that the judge believes that the order should not be terminated.³

¹ R.C.W. § 7.105.500(4)
² R.C.W. § 7.105.500(5)
³ R.C.W. § 7.105.500(6)

How do I extend my protection order?

To extend/renew your order, you must file a “petition for renewal” at any time within 90 days before the order expires. Your petition should state the reasons that you want to renew the protection order. If the abuser violated the order in any way, you could mention this in your petition as well.¹ The judge is supposed to renew your order unless the abuser can prove to the judge that s/he will not commit acts of stalking against you, your children, or your family or household members once the order expires.² The judge cannot deny a motion to extend/renew your order for any of the following reasons:

The abuser has not violated your protection order;
You or the abuser are a minor;
You did not report the acts that caused you to need the protection order, or any violations of your order, to law enforcement;
A no-contact order or a restraining order preventing the abuser from contacting you has been issued in a criminal proceeding or a domestic relations proceeding;
The request you are making to the court could be granted in a different court action;
The amount of time that has passed since the abuser’s last act that caused you to need the protection order; or
The abuser no longer lives near you.³

The court will schedule a hearing for no more than 14 days from the date you file your petition, or 30 days if the abuser is going to be notified by mail or publication. The abuser must be notified at least five days before the hearing.¹ A judge may extend your order by granting a renewal for a fixed time period or may enter a permanent order.⁴

The judge cannot change the terms of your renewed protection order unless you request the change.⁵

¹ R.C.W. § 7.105.405(1)
² R.C.W. § 7.105.405(4)(a)
³ R.C.W. § 7.105.405(6)
⁴ R.C.W. § 7.105.405(8)
⁵ R.C.W. § 7.105.405(7)

What happens if I move?

Your protection order is valid throughout the state of Washington. When you first get the order from court, a copy of your order is forwarded by the clerk of the court to the appropriate law enforcement agency that is specified in the order. Then, this law enforcement agency will enter your order into a computer database that other law enforcement agencies in the state have access to. Once it is in the database, this is considered giving notice to all law enforcement agencies that the order exists, and therefore it is enforceable in any county you move to within Washington.¹

If you move to another part of the state, it may be a good idea to call the clerk at the courthouse where you got your order to change your address. However, if your address is confidential, be sure to ask the clerk what steps you need to take to make sure that the address is listed as confidential in the court records.

Additionally, federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.² However, different states have different rules for enforcing out-of-state protection orders. If you are moving to another state, you can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, a lawyer in your state, or the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2).

Please see our Moving to Another State with Your Domestic Violence Protection Order section for more information.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ R.C.W. § 7.105.325
² 18 U.S.C. § 2265(a)

Legal Information: Washington