How do I get a restraining order in Washington?
Washington overhauled its protection order law in 2022, creating a unified Chapter 7.105 RCW.
1. Types of Protective Orders
All under RCW Ch. 7.105:
2. Eligibility
DVPO requires "intimate partner" or "family or household member" (RCW 7.105.010): spouse, former spouse, dating partner, parent, child, in-laws, co-parents, cohabitants. SAPO, SPO, AHPO require no relationship; VAPO for adults aged 60+ or with disability.
3. Filing
File in Superior Court or District Court of the county of residence or where harm occurred; statewide e-filing through Protection Order Portal (filing.protectionorder.wa.gov). No filing or service fee for DVPO, SAPO, SPO, VAPO, ERPO (RCW 7.105.100); AHPO fee may be waived.
4. Emergency / Ex Parte
Same-day review. Standard: irreparable injury that could result before respondent can be heard (RCW 7.105.305). Ex parte order lasts up to 14 days until full hearing.
5. Full Hearing
Held within 14 days. Preponderance standard. Respondent personally served (or by mail/electronic if approved). Both parties present; testimony, exhibits, witnesses.
6. Permanent Order Duration
Standard up to 1 year (RCW 7.105.310); orders restricting contact with children or use of shared real property can be issued for longer terms, including permanent. Renewable.
7. Enforcement
Violation is gross misdemeanor under RCW 7.105.450 (up to 364 days jail and $5,000 fine); Class C felony if two prior convictions or assault during violation. Mandatory arrest on probable cause (RCW 10.31.100). Firearm surrender required (RCW 9.41.800); federal prohibition under 18 U.S.C. § 922(g)(8).
8. Modification / Termination
Either party may motion under RCW 7.105.500; respondent must show substantial change in circumstances.
This is legal information, not legal advice.
- Respondent contests the order at the 14-day hearing
- Order overlaps with a parenting plan or pending dissolution
- Concealed pistol license or law-enforcement firearm authorization is at stake
- RCW Ch. 7.105
- RCW 7.105.450
- RCW 9.41.800
- RCW 10.31.100
- 18 U.S.C. § 922(g)(8)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.