How to Apply For a Protection Order

You can get the petitions (forms) for all types of protection orders at a court, from your sexual assault advocate or on the internet at www.courts.wa.gov/forms. A sexual assault advocate can help you complete the petition and be with you through this process or a lawyer may represent you.
You must swear under oath that the things you write in the petition are true. In the petition, you must state that you are a victim of sexual assault and the reasons why you are afraid of the person who assaulted you.
File the petition with the court clerk at your local court. You do not have to pay a fee.

After you file the petition, you will need to talk to a judge in a courtroom. The judge will ask you questions and you will need to answer truthfully under oath. A sexual assault advocate or a lawyer, if you have one, can come with you to this hearing.
If the judge grants your petition, you will get a temporary sexual assault protection order that is good for two weeks. The court papers will state the time and date of the next hearing - which you must attend.

A law enforcement officer must then give a copy of your petition, the temporary order and notice of the hearing date to the person who assaulted you - who is called the "respondent". The officer has to be able to give these papers to the respondent personally - so if you do not know where the person is or have their address, you may not be able to get the full order.
The officer must give these papers to the respondent at least five days before the full hearing. You may have to pay a fee for service.

After two weeks, you will come back to court. If possible, you should bring a lawyer to represent you at this hearing - but you are not required to have one. A sexual assault advocate can come with you too. The person who assaulted you will likely be at this hearing and may also bring a lawyer. You should come to this hearing, whether the respondent has been served or not. If you do not come, the court will dismiss the case and you will not be protected by an order.
At the full hearing, both you and the respondent will be asked questions by the judge, the lawyers or one another about the sexual assault and other things you wrote in your petition. It is helpful to make a list of what you want to tell the judge and to bring copies of any important records such as medical or police records, if you have them. The judge will decide whether or not to give you a full sexual assault protection order - which lasts up to two years. If you want the order to be effective for longer, you must petition the court for renewal within three months of the order's expiration date.

For more information, please contact Legal Advocacy 425.226.5062 or email intakestaff@kcsarc.org.

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