PROTECTION ORDERS | INSTRUCTIONS AND FORMS
Different types of protection orders
A domestic violence no contact order is issued by a judge as a part of a domestic violence criminal proceeding in either the Superior Court, District Court or Municipal Court. If you are a victim of a domestic violence crime (assault, threats, malicious mischief, etc.) you first should request assistance of law enforcement and have the crime charged and a no contact order entered by the judge as a part of the criminal proceeding. See also: Lifting (rescinding) or modifing No Contact Orders
A domestic violence protection order is available even though a crime is not charged. The petition is filed with the Superior Court when the alleged violator is a spouse, former spouse, an adult person related by blood or marriage, persons residing together, persons with a prior dating relationship, persons who have a biological or legal parent-child relationship, and persons who have a child in common whether or not they have been married or lived together.
A civil anti-harassment protection order is available when the incident or incidents are not domestic violence acts. The petition may be filed with the District Court when there is a continuous pattern of harassment. Unlawful harassment is a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys or harasses such person, and which serves no legitimate lawful purpose. In order to be eligible for such a protection order there must be repeated invasions of a person’s privacy by acts and words showing a continuous pattern of harassment.
The information below pertains only to Civil Anti-Harassment Protection Orders
Fees & Costs
The fee for an anti-harassment action is $83 and shall be paid by the date set forth by the Judge. Once the fee is paid, it will not be refunded even if the judge declines approval of the order. In addition, the petitioner is required to pay the fees for service of the documents on the respondent. The petitioner is entitled to recover those costs at the hearing if the court so orders. If the court, at the time of filing, determines that a petitioner lacks the funds to pay the costs of filing, the court may waive the fee and require no fees for service of the documents on the respondent. If fees have been waived, the court may require the respondent to reimburse the county for such costs if a permanent order is entered.
How the Decision is made
The judge, when reviewing the petition and declaration, must determine whether the alleged course of conduct serves any legitimate or lawful purpose. The judge considers whether: any current contact between the parties was initiated by the respondent only or was initiated by both parties; the respondent has been given clear notice that all further contact with petition is unwanted; the respondent’s course of conduct appears designed to alarm, annoy, or harass the petitioner; the respondent is or is not acting according to any lawful authority; the respondent’s course of conduct has the purpose of unreasonably interfering with the petitioner’s privacy or the purpose of creating an intimidating, hostile, or offensive living environment for the petitioner; and finally whether any contact by the respondent with the petitioner or the petitioner’s family has been limited in any manner by any previous court order.
The Order & Enforcement
In granting either a temporary or permanent order the court has broad discretion to grant such relief as the court deems proper, including an order: restraining the respondent from making any attempts to contact the petitioner; restraining the respondent from making any attempts to keep the petitioner under surveillance; and requiring the respondent to stay a designated distance from the petitioner’s residence and work place. Once entered, the order is forwarded to the appropriate law enforcement agency no later than the next judicial day. When the respondent has been served with an anti-harassment protection order, the willful disobedience of such an order subjects the respondent to a possible charge of a gross misdemeanor, which carries a maximum punishment of one year in jail and up to $5000 in fines. Additionally, in the court’s discretion, the respondent may be found in contempt of court and be subject to the penalties as stated in RCW 7.21.
Filling out the Petition
- The Petitioner is the adult who is requesting the protection order.
- The Respondent is the adult who is being accused.
- The Court needs the name, address, and date of birth for the Respondent.
If the Respondent cannot be accurately identified, the Court cannot enter the case in the system. If you do not have all of the information, but have a case number given to you by law enforcement, please include that case number on your petition.
Important Information about Minors
- If you are filling out the petition on behalf of your minor child who is being harassed, you will also need to fill out a petition to be appointed as guardian ad litem. This is so the court can allow you to represent your minor child and speak on their behalf.
- If the petition is on YOUR behalf and you want protection for your children, whether at home, school, or elsewhere, their names and age will have to be included in Section 1 of the Petition.
NOTICE: Any minors who are included in this section of the petition will have their names entered into the Judicial Information Data Base. In addition, their names on the petition is public record.
- If the petition is solely on your behalf (and the judge grants the order), then your children and others who reside with you will be protected while they are with you and while they are in the home. If this is satisfactory to you, then only provide the children’s names and information on the Law Enforcement Information sheet. Additional household members on this form are not entered into the system. In addition, this form is confidential.
Minor vs. Minor
- If you are filing this case on behalf of your minor child who is being harassed by another minor child. You need to make sure you are filling out the correct petition.
- You will be the petitioner on behalf of your minor. The parent/guardian of the other minor child will be the Respondent. Minors are not allowed to represent themselves in court.
Select the forms below that are applicable to you. The forms listed in each section may be filled out on your computer or printed. If you fill out the form on your computer, save it to your computer so that it can be e-mailed when finished. To modify, rescind or renew an existing order please contact the court by e-mail.
To petition the court to waive the filing fee and cost of service you must fill out a Motion for Waiver of Fees and a Financial Statement.
ADULT VS. ADULT
ADULT VS. MINOR
The minor’s parent must be listed as the Respondent. The court will need the name, address and, if possible, the date of birth of the minor’s parent or legal guardian:
MINOR VS. ADULT
MINOR VS. MINOR
The minor’s parent must be listed. The court will need the name, address and, if possible, the date of birth of the minor’s parent or legal guardian.
RELATED FORMS ON ALL ABOVE MATTERS:
Forms filed by e-mail must be sent to firstname.lastname@example.org
Forms filed by mail must be sent to:
Skagit County District Court
PO Box 340
Mount Vernon, WA 98273