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EspañolAm I eligible to file for a stalking protection order?
You may be eligible for a stalking protection order if you are the victim of stalking or cyberstalking, as defined by law. Also, you can file on behalf of a minor child if you are the child’s:
- parent;
- legal guardian; or
- custodian.1
If you are under the age of 18, see Can I file for a stalking protection order if I am a minor?
You may also file on behalf of a “vulnerable adult” who is the victim of stalking if you are what the laws considers to be an “interested person.”1 You may also file on behalf of any other adult if you can demonstrate that:
- You are interested in the adult’s well-being;
- The court’s intervention is necessary; and
- The adult cannot file the petition because of age, disability, health, or inaccessibility.1
Note: The judge cannot deny your petition for a protection order because any of the following are true:
- you do not have proof of the stalker’s intentions behind their actions;
- you or the stalker are 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 stalking to law enforcement;
- there is a no-contact or restraining order limiting the stalker’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, including a different type of protection order;
- a criminal case is pending against the stalker;
- time has passed since the last incident that is causing you to file the petition; or
- the stalker no longer lives near you.2
These things should not matter to the judge when deciding whether or not to grant you a stalking protection order.
1 R.C.W. § 7.105.100(1)(c)
2 R.C.W. § 7.105.225(2), (4)
Can I file for a stalking protection order if I am a minor?
If you are between 15 and 18 years old, you can file for a stalking protection order on your own, without permission from an adult. You may also file a 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 An adult who is your parent, legal guardian, or custodian can also file on your behalf if you prefer.2 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.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(1)(c)
3 R.C.W. § 7.105.100(3)
4 R.C.W. § 7.105.105(11)
What are the steps to get a stalking protection order?
The steps for getting a stalking 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 stalking protection order.
How much does it cost? Do I need a lawyer?
There is no filing fee for a stalking 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 and/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)
