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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 A vulnerable adult is defined as someone who:
- is 60 years old or older and is not functionally, physically, or mentally able to care for himself or herself;
- is subject to a guardianship or conservatorship;
- has a developmental disability;
- was admitted into a facility;
- is receiving services from a home health care aide or agency, a hospice, or an individual provider; or
- is directing his/her own care and receiving services from a personal aide.2
An interested person is anyone who proves to the judge that:
- s/he is interested in the welfare of the vulnerable adult;
- s/he has a good faith belief that the court’s intervention is necessary; and
- at the time the petition is filed, the vulnerable adult is unable to protect his or her own interests due to incapacity, undue influence, or duress.3
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
1 R.C.W. § 7.105.100(1)(c)
2 R.C.W. §§ 74.34.020(21); 7.105.010(37)
3 R.C.W. §§ 74.34.020(11); 7.105.010(19)
Can I file for a stalking protection order if I am a minor?
If you are younger than 18 but at least 15 years old, you can file for a stalking protection order on your own, without permission from 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 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 a minor 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)
