- What Protection Order should I file?
- Where to File
- Antiharassment/ Stalking AHPO
- Domestic Violence DVPO
- Extreme Risk
- Sexual Assault SAPO
- Vulnerable Adult VAPO
- How to File
Harassment Petition $53
*If you cannot pay the fees for this petition, and feel you qualify for a waiver, print and submit the WAIVER PACKET.
INFORMATION ON ANTIHARASSMENT / STALKING PROTECTION
There are several different kinds of protection orders. This information is designed to help you complete a petition for Harassment Orders and/or Stalking Protection Orders.
**If you qualify for a Domestic Violence Protection order, this is not the correct form to complete. **
To help you figure out which order you may be able to get, read the 2 options in the table below. Each option generally describes harassment or stalking conduct. More than one option may apply:
Option 1 (Harassment protection order)
Harassment is a pattern of conduct that makes you feel annoyed, alarmed or distressed.
Option 2 (stalking protection order)
Stalking is conduct like harassment, following, or monitoring, that makes you feel intimidated, frightened, or threatened and occurs more than once. It may also involve cyberstalking which is transmitting threats or obscene words or pictures to or about you one or more times.
You can find a complete definition of Harassment or Stalking at the end of this page.
You may be eligible for one or both of these orders. The court will determine which order best fits your situation.
Your next step is to fill out the petition. In the petition, you will let the court know what protections you want and explain what the other party has done.
If you think the conduct is harassment, then file your petition in this county if the harassment took place here OR if the person who committed the acts lives in this county.
If you think the conduct is stalking, then file your petition in the county where you reside or where you fled to avoid the stalking contact.
- You can start your petition in District Court.
- The District Court will transfer your case to Superior Court, or
- You can start your petition in Superior Court instead of District Court
- this case involves title or possession of real property, and the respondent claims an interest in that property such as ownership or right to occupy.
- the order put limits on the respondent’s care, custody, or control of his or her minor children.
- you and the respondent are parties in a superior court case.
- you are alleging harassment by a respondent who is under the age of 18.
- you are alleging stalking and the petitioner, victim, or respondent is under the age of 18.
Unlawful harassment means:
- a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses, or is detrimental to such person and which serves no legitimate or lawful purpose.
- The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress and shall actually cause substantial emotional distress to the petitioner, or when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
“Course of conduct:”
- means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
- includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activities, including free speech, are not included within the meaning of “course of conduct.”
Stalking Conduct means:
a) any act of stalking as defined under RCW 9A.46.110: A person intentionally and repeatedly harasses or repeatedly follows another person, and
- the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
- the stalker either: (i) intends to frighten, intimidate, or harass the person; or (ii) knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
b) any act of cyberstalking as defined under RCW 9.61.260: With intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, the stalker makes an electronic communication to a person or a third party:
- using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
- anonymously or repeatedly whether or not conversation occurs; or
- threatening to inflict injury on the person or property of the person called or any member of his or her family or household.
c) any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, keeping under observation, or following another [person] that:
- would cause a reasonable person to feel intimidated, frightened, or threatened and that actually causes such a feeling;
- serves no lawful purpose; and
- the stalker knows or reasonably should know threatens, frightens, or intimidates the person, even if the stalker did not intend to intimidate, frighten, or threaten the person.
Domestic Violence Order for Protection
This is the most commonly requested order. It is a civil order from the court telling the family or household member who threatened or assaulted you not to harm you again. Under the domestic violence law, this includes:
- former spouses
- persons who have a child in common--whether or not they have been married or have lived together at any time
- adult persons related by blood or marriage
- adult persons residing together now or who have resided together in the past who reside together now or have in the past
- persons 16 years of age or older who are residing together now or have resided together in the past and who have or had a dating relationship
- persons 16 years of age or older who have or had a dating relationship
- persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren
- order the Respondent not to threaten or hurt you.
- order the Respondent not to enter your residence.
- give one parent temporary custody of children.
- set a schedule for visitation with minor children.
- order the Respondent to leave a shared residence.
- grant you possession of essential personal effects.
- grant you use of a vehicle.
- order the Respondent to attend counseling.
- order child support.
- order maintenance (alimony).
- assign most property to either party.
- establish permanent child custody or use of the shared residence.
Extreme Risk Protection Order
This type of order cannot restrain the respondent from contacting a person nor can it order the respondent to stay away from any person or place. Chapter 7.94 RCW
What can an Extreme Risk Protection Order do?
An Extreme Risk Protection Order directs a person to surrender their firearms. It would be illegal to access, receive, purchase, possess, or have control of firearms. It restrains the person from obtaining a concealed pistol license and orders them to surrender a license if they already have one.
Who is it filed against?
A person who poses a significant danger of causing personal injury to self or others in the near future by having firearms. Factors that demonstrate such a risk can include threatening or violent behavior, threats of self-harm, and abuse of drugs or alcohol. The person who is alleged to be dangerous is called the respondent.
Who can request the order?
A petition can be filed by a law enforcement agency, a law enforcement officer, or a person who is a family or household member of the respondent. The agency or person filing the case is called the petitioner. Family or household members include:
- Persons related by blood, marriage, or adoption
- Dating partners
- Persons who have a child in common
- Persons who reside or have resided with the respondent within the past year
- Domestic partners
- Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren, and grandparents and grandchildren
- A person who is acting or has acted as the respondent’s legal guardian
Sexual Assault Protection Order
What is a Sexual Assault Protection Order?
A Sexual Assault Protection Order is a civil order issued by a court at the request of a sexual assault victim or by someone else on his or her behalf.
What Can a Sexual Assault Protection Order Do?
The order can require the person who harmed you to stay away from you, your home, school, work or other places you request, and to have no further contact with you.
Who Can Get a Sexual Assault Protection Order?
Any person 16 or older who is a victim of sexual assault (including a single incident) may petition the court to obtain an order. If you are under 16, you need a parent or guardian to ask the court for the order on your behalf. The sexual assault does not need to be reported to law enforcement or prosecuted.
What is Sexual Assault?
The law defines sexual assault as:
- Nonconsensual (meaning lack of freely given agreement) sexual touching of the genitals, anus, or breasts - either directly or through clothing.
- Nonconsensual sexual penetration, however slight, of the genitals or anus by a body part of another including the mouth or the use of objects.
- Forced display of the genitals, anus or breasts for the purpose of sexually arousing another.
Washington Coalition of Sexual Assault Programs
Vulnerable Adult Order for Protection
A vulnerable adult Order for Protection is a civil order issued under Chapter 74.34 RCW. A vulnerable adult, who has been abandoned, abused, subjected to financial exploitation or neglect can request the order. The Department of Social and Health Services, the vulnerable adult’s guardian or legal fiduciary, or any interested person as defined in RCW 74.34.020 may also obtain an order on behalf of a vulnerable adult.
A vulnerable adult Order for Protection can:
- Restrain the respondent from committing or threatening to commit acts of abandonment, abuse, personal exploitation, improper use of restraints, neglect, or financial exploitation against the vulnerable adult;
- Exclude the respondent from the vulnerable adult’s residence.
- Prohibit contact by respondent.
- Prohibit the respondent from knowingly coming within or knowingly remaining within, a specified distance from a specified location.
- Require an accounting by respondent of the disposition of the vulnerable adult’s income or other resources.
- Restrain the transfer of the vulnerable adult’s or the respondent’s property for up to 90 days.
- Require the respondent to pay a filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorney’s fees.
- Last up to five years.
To obtain an order, you must file paperwork with the court and have a hearing where the respondent will have an opportunity to respond to the legal request for a protective order. If you are not the vulnerable adult, you will need to notify the vulnerable adult of the petition and hearing. The vulnerable adult may agree or disagree with the petition or some of the provisions. The court may schedule a hearing to take evidence on the vulnerable adult’s ability to care for his or her person or property. The court may deny the petition, enter a modified order or enter the order for protection you requested. Generally if the respondent does not obey the order, he or she can be arrested.
Please bring your documents into the Clerk's office for immediate filing during regular business hours.
1. Print and fill out the correct packet.
2. Bring all copies to the Clerk's office on the 2nd Floor of the Courthouse. 341 East Main Suite 2, Dayton WA 99328
Hours of operation: Monday-Friday 8:30am to 4:30pm.
Packets are also available with the Clerk.