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Protection Order Overview
Understanding Washington State Protection Orders (brochure)
Washington State law allows for a person to file a civil case in court asking a judge to grant an order to protect them from another person whose behavior is abusive, threatening, exploitive, or seriously alarming. The primary purpose of most orders is to order the person the moving party (petitioner) is asking for protection against (respondent) to not contact or harm them. Unlike all other protections orders, an Extreme Risk Protection Order is not asking for protection of the petitioner, but is to order the respondent to surrender any weapons they may own.
There are six different types of protection orders a person may choose from:
1) Anti-harassment
2) Domestic Violence
3) Extreme Risk
4) Sexual Assault
5) Stalking
6) Vulnerable Adult
State laws establish who may seek them, who they may protect, who they may restrain, when court hearings will be conducted, and lastly, what costs my be incurred.
As of July 1, 2022 per E2SHB 1320, all protection orders will be filed under one petition, with the exception of the Extreme Risk Protection Order (click to open brochure).
All protection order forms can be found on the Washington State Courts Website.
Additional information concerning protection orders may also be found at www.washingtonlawhelp.org.
Local Resource Contact Information
Where and how to file your protection order...
As of January 1, 2023, our office will be accepting electronic submissions of completed protection order packets. Please email them to clerksoffice@klickitatcounty.org. Or, you can drop them off in person during business hours Monday-Friday. Our hours are 8am-5pm, with our office being closed from noon-1pm for the lunch hour. If you have any questions, please don't hesitate to give us a call.
205 S Columbus Ave., Rm 205
Goldendale, WA 98620
Email.....clerksoffice@klickitatcounty.org
Phone....(509) 773-5744
The different types of Protection Orders and their definitions:
Anti-Harassment Protection Order (AHPO)
RCW 10.14: A person who does not qualify for a domestic violence protection order and who has been seriously alarmed, annoyed or harassed by a conduct which serves no legitimate or lawful purpose. Parties are generally not married, have not lived together, and have no children in common.
These petitions are generally filed through the District Courts; however, there are certain certain times when the petition should be filed through Superior Court. Examples are:
- The Respondent to the petition is under 18 years of age;
- The action involves title or possession of real property;
- A Superior court has exercised or is exercising jurisdiction over a proceeding involving the parties, or;
- The action would have the effect of interfering with a respondent's care, control or custody of the Respondent's minor child.
Anti-Harassment Flow Chart
** $53.00 filing fee; may asked for fee to be waived **
Domestic Violence Protection Order (DVPO)
RCW 26.50: Domestic Violence means (a) physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110.
Who may obtain the order?
- A person who fears violence from a "family or household member" (RCW 10.99.020), or who has been the victim of physical harm or fears imminent physical harm, or stalking from a "family or household member" (includes current or former spouses / dating relationships);
- People with children in common;
- A Petitioner who is 13 or older in a dating relationship with a respondent 16 or older, or;
- Minors aged 13-15 with a parent, guardian, guardian ad litem or next friend.
** No filing fee is required **
Extreme Risk Protection Order (ERPO):
RCW 7.94: An Extreme Risk Protection Order 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 order is 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, or self-harm, and abuse of drugs or alcohol. The order directs a person to surrender their firearms. It would be illegal to access, receive, purchase, possess or have control of firearms. It also restrains the person from obtaining a concealed pistol license and orders surrender of the license if they already have one.
Extreme Risk Brochure
** No filing fee is required **
Sexual Assault Protection Order (SAPO)
RCW 7.90.010(4) Sexual Conduct: Includes intentional or knowing touching of genitals, anus, or breasts (even over or through clothing) of another; intentional or knowing display of genitals, anus or breasts if for the purposes of sexual gratification of respondent; forced display of the same; intentional or knowing or forced or coerced fondling or touching of genitals, anus or breasts of child under the age of thirteen.
RCW 7.90.010(5) Sexual Penetration: Any contact, however slight between the sex organs, of any part of the body of one person or any animal or object into the sex organ or anus of another person including but not limited to cunnilingus, fellatio or anal penetration.
Who may obtain an order:
- A person who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident, who does not qualify for a DVPO under RCW 26.50
- Minors under the age of 16 where the petitioner is the parent, legal guardian or custodian
The Court may initiate issuance on behalf of victims of sex offenses when criminal charges are filed.
** No filing fee is required **
Vulnerable Adult Protection Order (VAPO)
RCW 74.34.110: A vulnerable adult or "interested person" on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, or the treat thereof, by filing a petition for a vulnerable adult protection order under chapter 7.105 RCW.
A Vulnerable Adult is someone who is:
- Over the age of 60 and has no functional, mental or physical ability to care for themselves;
- Found incapacitated under RCW 11.88;
- Has a developmental disability;
- Has been admitted to a facility (nursing home, assisted care, etc.);
- Is receiving services from home health, hospice or an individual provider;
- Self-directs care but gets services from personal aide under RCW 74.39.
** No filing fee is required **
Stalking Protection Order (SPO)
May be filed by someone who is experiencing stalking conduct by someone who in NOT a family or household member.
RCW 7.92: Stalking conduct may include a person intentionally and repeatedly harassing or following another person and the person who is being harassed or followed is placed in fear for themselves or their property. Stalking conduct also includes behaviors defined in RCW 9A.46.110 and cyberstalking as defined in RCW 9.61.260
A SPO can be in place on a temporary basis, for one year or permanent. Firearms prohibitions may apply to people restrained by this type of order.