Restraining Orders

If you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her. However, under Washington law, there are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. After you file your petition, the abuser gets personally served with the court petition while s/he is in Washington;
2. The abuser gives in (“submits”) to the jurisdiction of the Washington state court by: 
   • agreement (“consent”);
   • “entering a general appearance,” which often means s/he show up in court at the return court date; or
   • filing a responsive document in court without objecting to personal jurisdiction, which has the effect of waiving any objection to personal jurisdiction;
3. The actions of the abuser, or someone acting as an “agent” of the abuser, that you listed in your petition as your reason for needing the protection order, took place:
   • in Washington; or
   • outside of Washington but the actions are part of an ongoing pattern that has a negative effect on you or a member of your family or household; or
4. As a result of the actions that are listed in your petition as your reason for needing the protection order, you or a member of your family or household has sought safety or protection in Washington and currently live(s) in Washington; or
5. Due to any other reason listed in section 4.28.185 of the law or in the Constitutions of Washington or the United States.¹

Note: For the court to have jurisdiction due to the reasons listed in #3 or #4, above, the abuser must have communicated with you or a member of the your family, directly or indirectly, or made known a threat to the safety of you or a member your family, while the victim lived in Washington.² A threat can be “communicated” or “made known” in any of the following ways: in person, through publication, by mail, telephone, through an electronic communication site or medium, by text, or through other social media.³ If a written or oral statement is made by any of these means by a person outside of Washington to a person inside the state, that is considered to have been an act that happens within Washington.⁴

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

¹ R.C.W. § 7.105.080(1)
² R.C.W. § 7.105.080(2)
³ R.C.W. § 7.105.080(3)(a)
⁴ R.C.W. § 7.105.080(3)(b)