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EspañolWhat types of stalking protection orders are there? How long do they last?
There are two types of stalking 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. Temporary protection orders include “ex parte” temporary protection orders that are issued by the judge without the abuser being notified (which is what “ex parte” means), as well as temporary protection orders that the judge issues before the completion of the hearing to decide about the full protection order.1
When you file for application for a protection order, you may request that the judge issue an ex parte temporary protection order and 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 s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.3
If you request an ex parte order, the judge will either issue the order without holding a hearing or hold a hearing in person, by telephone, by video, or by other electronic means on the day your petition is filed or the next day the court is in session so that you can tell the judge why you need the order.4
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 re-issued, the new date shall not be more than 14 days later. If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 30 days.5If the court reschedules the hearing date and a new temporary order is issued for an additional 14 days, any temporary order to surrender and prohibit weapons that the judge gave you will be re-issued as well.6 Your ex parte temporary order should clearly state the expiration date.7
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, present evidence, witnesses, etc., or it can be entered by agreement of the parties without the need for a hearing.8 The hearing will be no more than 14 days from the date you got your temporary order or no more than 30 days if the abuser was notified by publication or mail, unless the judge reschedules it by an additional 14 days and issues you a new temporary order in the interim.5
The hearing can be held in person or remotely.9
Generally, the full protection order can be for a fixed period (specific amount of time) or permanent (forever). Unless you ask for a shorter amount of time, the order will last for at least one year.10 If it only lasts for a fixed period, you can ask to have it renewed.11
Note: If the judge included in the order that the abuser cannot contact his/her minor children, then that part of the protection order can only last up to one year (but you can apply to renew that part of the order at the end of the one-year period).12 To get more information about renewing your order, 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(35)
2 R.C.W. § 7.105.100(8)
3 R.C.W. § 7.105.305(1)
4 R.C.W. § 7.105.105(12)
5 R.C.W. § 7.105.200(3)
6 R.C.W. § 7.105.400(2)
7 R.C.W. § 7.105.305(2)
8 R.C.W. § 7.105.010(17)
9 R.C.W. § 7.105.205(1)
10 R.C.W. § 7.105.315(1)
11 R.C.W. § 7.105.405(1)
12 R.C.W. § 7.105.315(2)(a)
