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EspañolWho can file for a vulnerable adult protection order?
You can file the petition yourself if you are a vulnerable adult. An “interested person” can also file on behalf of a vulnerable adult.1 If an interested person is filing a petition, they must include a statement explaining why they qualify as an interested person. See What is the legal definition of an interested person? for more information.2
The Department of Social and Health Services may also file for an order on behalf of a vulnerable adult.3
Note: The judge cannot deny a petition for a protection order because any of the following are true:
- you are under 18 years of age, unless the law limits what kind of remedy is available based on your age;
- the petitioner did not report the harassment to law enforcement;
- there is a no-contact or restraining order limiting the respondent’s contact with the vulnerable adult issued in a criminal or domestic relations case;
- the same remedies are available in a different type of case, including another type of protection order;
- a criminal case is pending against the respondent;
- time has passed since the last incident causing the petitioner to file the petition; or
- the respondent no longer lives near the vulnerable adult.4
These things should not matter to the judge when deciding whether or not to grant a vulnerable adult protection order.
1 R.C.W. § 74.34.110(1)
2 R.C.W. § 7.105.100(4)
3 R.C.W. § 7.105.110(1)
4 R.C.W. § 7.105.225(2)
What is the legal definition of an interested person?
You can file on behalf of a vulnerable adult if you are “an interested person.” An interested person is a person who shows the judge that:
- they are interested in the welfare of the vulnerable adult;
- they have 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 their own interests because of their incapacity, undue influence, or duress.1
1 R.C.W. §§ 74.34.020(11); 7.105.010(20)
What are the steps to get a vulnerable adult protection order?
You would file for a vulnerable adult protection order in superior court.1 The steps for getting a vulnerable adult 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 vulnerable adult protection order.
If you are filing for a vulnerable adult protection order as an interested person (rather than as the vulnerable adult), notice of the petition and hearing must also be personally served on the vulnerable adult, including a standard notice that the court should give you that explains the purpose of the petition in clear and plain language.2
1 R.C.W. § 7.105.065
2 R.C.W. § 7.105.150(6)
How much does it cost? Do I need a lawyer?
There is no filing fee for a vulnerable adult 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 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)
