Filing for the order (Temporary/Emergency Order)
Plan to spend 2-3 hours when you go to court to file for your protection order. If you have children, try to arrange childcare so that you will have the time and emotional energy you need to complete the paperwork and so your children will not hear you describe the abuse.
ALERT: If you have concerns about firearms you can ask the court to order the respondent to surrender weapons at the time the temporary order is issued.
Please Note: The only courthouse that offers childcare is the Maleng Regional Justice Center (Click here for link to Childcare info).
- 1. Obtaining and completing the forms
The first step in obtaining a Domestic Violence Protection Order is to obtain all of the forms you will need to file the order. You can obtain the forms in a variety of places:
- On-line, through this website or www.courts.wa.gov
- At the Protection Order Advocacy Program in both Superior Courts in King County
- In the Clerk’s Office of any District or Superior Court in King County
You will need to fill out several forms but one of the most important forms you will need to complete is called the Petition for Order for Protection. It is on this form that you will let the court know:
- Who needs to be protected (yourself and/or your children)
- What kinds of protections you are requesting (based on a series of boxes you can check)
- Why you believe you need the protection
NOTE: If respondent possesses firearms, a CPL or other dangerous weapons, please be sure to include that information on the LEIS and indicate where they are located. If you want the respondent to be prohibited from possessing firearms be sure the check the box for provision #19 on the petition.
You will be asked to complete a statement (in the petition) that describes the domestic violence you and or your children have experienced and approximately when it occurred.
If you have any evidence that support your allegations of abuse that you would like the court to consider, please bring it with you when you file for your temporary order. If you are unable to get these documents before you file for your temporary order, you can submit them before your full order hearing.
Examples of evidence:
- Police reports or charging documents
- Medical records
- Photos of any injuries (color photos are preferred; if you need someone to take photos of your injuries, go to your local police department)
- Transcripts of or actual threatening voicemails/texts/e-mails
- Written statements/declarations from anyone who has ever seen or heard the abuse.
- 2. Filing the forms with the Court
Once you complete the forms you will need to file them with the Clerk’s Office. The clerk will stamp a case number on your forms and will then send you to see a Judge or Commissioner who will decide if a two week, temporary order should be granted. This is referred to as the ex parte hearing.
- 3. Presenting your order to a Judge/Commissioner:
Go to the courtroom the Clerk directs you to after filing your order. Hand your paperwork to the in-court Clerk and have a seat. The Judge or Commissioner will call you up when he or she is ready to hear your case.
The Judge or Commissioner will:
- Read the forms you completed (including the statement)
- May ask you a few questions
- Will decide whether or not to grant you a two week temporary protection order
- 4. Filing your signed order with the Clerk’s Office
Once the Judge or Commissioner signs the order, be sure to take it back to the Clerk’s Office so that you can obtain free, certified copies of the order. Request as many as you need to always have a copy on you, to give to your employer, to your child(ren)’s school or daycare, etc. The Clerk will send a copy of your signed order to the law enforcement agency where the respondent lives or works so they can “serve” the respondent with a copy of the petition and the temporary order.
- 5. Order sent to Law Enforcement for “personal service” on the Respondent:
Order sent to Law Enforcement for “personal service” on the Respondent:
Once law enforcement receives the temporary order and petition from the court, they will attempt to find the respondent (based on the address(es) and information you provided) and serve him or her with a copy of the Petition and the Temporary Order. These documents let the respondent know that an order is in place (notice), the behaviors that he or she is restrained from doing and the allegations you made about the domestic violence. Please be aware: Do not include any confidential addresses or confidential information on the petition or temporary order because the respondent will get a copy of them. Further, even though a temporary protection order is in place, it is critical to continue to take steps for you and your children to remain safe – especially around the time that the order is served.
Register your protection order with WA Protective Order Service, a free, automated service that lets you track the status of a protective order over the phone or internet. You can be register to be notified when the order has been served. 1-877-242-4055 www.registervpo.com - 6. Service of the order is CRITICAL to its enforcement:
Your temporary order is in effect from the moment the Judge or Commissioner signs it BUT the police will not be able to arrest or request criminal charges against the respondent for violating the order until there is proof that the respondent was personally served with a copy of the order. Once respondent has been served, he or she can be arrested or charged for violations.
In order for the court to extend your temporary order longer than the initial two weeks, there must be proof that respondent was served with the Temporary Order and Petition at least five court days before the next scheduled hearing. If you know that the respondent has not been served but you still want the order to be in place, you must appear for the hearing and may request a continuance of the temporary order.
A note about firearms: If the court has ordered the respondent to surrender firearms based on an Order to Surrender Weapons (Issued without Notice), the police may or may not confiscate the firearms upon service of the temporary order. It is critically important for you to be aware that this may be the first time that the respondent learns that the court is ordering surrender of the weapons. This may increase your level of risk. Please be sure to speak to a DV Advocate to do safety planning around this issue.
- 7. Completing the Domestic Violence Protection Order Process
Fourteen days after your temporary order is signed by the Judge or Commissioner, a second hearing (referred to as the full hearing) will be held to request the order remain in effect for 1 year or longer. At this hearing you will need to tell the court how and when the respondent physically hurt, threatened, stalked you or why you have imminent fear that these things will happen to you. The respondent has the right to be present (but they aren’t required to attend) at the full order hearing. The court will take testimony from both of you and then make the decision of whether or not to grant a 1 year or longer protection order. If the respondent does not appear, but has been properly served with at least 5 court days notice of the hearing, then the court can proceed with the hearing without the respondent being present.
PLEASE NOTE: A Protection Order Advocate will be with you at the full order hearing to help you prepare for the hearing and to stand with you while you address the court.
How to prepare for the full order hearing
Bring all of your protection order paperwork to court with you, including your Temporary Order for Protection, Petition for Order for Protection, and Law Enforcement Information Sheet. Bring copies of any divorce, parenting plan, paternity, or other related cases with you (if you can).
The court does not usually allow witnesses to testify at protection order hearings, but they can file a declaration forms describing what they saw or heard. All statements from witnesses must be signed, dated and include this sentence above the signature: I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
Witness statements and any other documents you want the court to consider must be filed with the court, provided to the commissioner as “working papers,” and provided to the respondent in advance of the hearing. If the court or the respondent does not receive the copies in advance, the hearing may be continued to give everyone time to read them. Protection Order Advocates can help you prepare and submit your documents in advance of the hearing.
If the Respondent has not been served
If the respondent has not been served 5 court days in advance of your full order hearing, you must still attend the hearing if you would like the temporary protection order to be extended 2-3 weeks to allow time for service. If you do not appear at your full hearing, your temporary will be dismissed.
- 8. Filing your Order after the full hearing
Once the court signs your full order, you must take the order to the Clerk’s Office to file the original and to obtain free certified copies. As before, request as many as you need to always have a copy on you, to give to your employer, to your child(ren)’s school or daycare, etc. If the respondent was not present at the hearing, the Clerk’s Office will send a copy of your new order to law enforcement to serve the respondent with the most recent order. Register your protection order with WA Protective Order Service, a free, automated service that lets you track the status of a protective order over the phone or internet. You can be register to be notified when the order has been served. 1-877-242-4055 www.registervpo.com
- 9. Enforcing your order
Your Order for Protection is valid as soon as it is signed by the commissioner. However, the abuser cannot be arrested or prosecuted for violating the order until he or she has been served. If you requested that a police officer serve your order you can call the law enforcement agency responsible for service to see if the respondent has been served. Once the order has been served be sure to call the police to report any violations of the order. Calling 911 is the best way to report violations of orders that involve harm, assault, stalking, contact or the respondent going to a location where he or she is prohibited from being. When you call 911, be sure to have a copy of your order with you and if possible, a copy of the form that shows that the respondent was served with your order (often called a “return of service” or “affidavit of service”.)
It is also important to keep a personal record of any violations in the event that you want to modify or renew the order. Please contact the Protection Order Advocates for more information about enforcing the order.