Am 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)