English
EspañolWhat 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 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 vulnerable adult protection order?
A vulnerable adult who is not subject to a guardian, conservatorship, or a protective arrangement under the law may file to change (modify) or end (terminate) a full vulnerable adult protection order at any time after it is entered. If the vulnerable adult does have a guardian, conservatorship, or protective arrangement, then that person can file a petition to change or end the protection order. The vulnerable adult may also be able to file, depending on the terms of the guardianship, etc.1
When modifying the order, the judge can include any of the protections that could have been included in the initial hearing to grant the order.2
1 R.C.W. § 7.105.510(1)
2 R.C.W. § 7.105.510(2)
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 resume acts of abandonment, abuse, financial exploitation, or neglect against the vulnerable adult 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)
