In Washington State, a person can file a civil case asking a judge to issue a court order protecting them from another person whose behavior is abusive, threatening, exploitative, or seriously alarming. Civil protection orders are intended to keep the person requesting the order safe by prohibiting another person from engaging in conduct that is abusive, threatening, or harassing, stalking, and other behaviors.

Unfortunately, Washington State civil protection orders can be abused by people who use them to harass or intimidate the other party. If someone has requested a civil protective order against you, you should comply with its terms. However, you may have a basis for challenging the order or making it as least restrictive as possible.

Attorney Justin Campbell can review your circumstances, represent you in court, and work to keep the terms of the civil protective order minimally restrictive.

What Is a Civil Protection Order?

Judges issue civil protection orders to protect people from harm, threats of harm, stalking, harassment, and abuse by prohibiting a person from engaging in certain activities, such as contacting, harassing, or coming near the protected person.

The person seeking the protective order is called the “petitioner,” while the person against whom the protective order is sought is called the “respondent.”

Types of Civil Protection Orders

Washington State previously recognized different types of protective orders that varied depending on who initiated the request and the relationship between the petitioner and the accused. Since 2022, Washington courts have used a single Petition and Order for Protection that incorporates all of the following:

• Domestic Violence Protection Orders (DVPOs) provide protection from an intimate partner or family or household member who committed domestic violence, nonconsensual sexual conduct or penetration, unlawful harassment, or stalking.
• Sexual Assault Protection Orders provide protection from someone who is alleged to have committed sexual assault.
• Stalking Protection Orders provide protection against someone accused of stalking.
• Vulnerable Adult Protection Orders protect against someone who has abandoned, abused, financially exploited, or neglected a vulnerable adult or threatened to do so.
• Anti-Harassment Protection Orders provide protection against someone alleged to have committed unlawful harassment.

Washington State now uses a single form for all types of civil protection orders. When completing the form, the petitioner must specify which type of civil protective order they seek. Requests for civil protective orders can be completed online or in person. Petitions are then reviewed and presented for court review.

Is a Civil Protection Order Different from a No-Contact Order?

Yes. A court may issue a civil protection order after a request by someone who wishes to be protected. A civil protective order may be granted even if the respondent’s conduct does not meet the requirements for criminal charges.

A no contact order is issued in a criminal case to protect a person while the case is pending. A no contact order may be used when a defendant is released on bail or their own recognizance.

Because a request for a protection order is not a criminal matter, the respondent is not entitled to a court appointed attorney.

Is a Civil Protective Order Different from a Restraining Order?

Yes. To secure a civil protection order, the person requesting it must show that the situation and conduct satisfy the criteria for that particular order.

A restraining order is a broader civil order often issued in a family law case. In addition to prohibiting specific conduct, restraining orders can deal with other issues, such as property, child and spousal support, and temporary custody.

What Should You Do If Someone Requests a Civil Protection Order Against You?

If someone has requested that a court issue a civil protection order against you, you should consult with experienced legal counsel as quickly as possible. The Campbell Law firm can review the request for the order and work to have the request denied or for the order to be as minimally restrictive as possible. If a civil protective order has already been granted, he can analyze the terms of the order so you do not inadvertently violate it and fight to make it made as minimally restrictive as possible.

You should also be aware that, if a court issued a civil protection order, you could be under investigation for criminal activity. By acting quickly, you can begin preparing a defense and minimize the risk of exposure to criminal charges.

Contact the Campbell Law Firm Today

The Campbell Law Firm is based in Anacortes and represents people in Island County, Oak Harbor, Coupeville, San Juan County, Friday Harbor, and all courts in Skagit County, including Anacortes, Mount Vernon, Burlington, and Sedro-Woolley.

Contact the Campbell Law Firm by calling (360) 588-4111, emailing info@lawjrc.com, or completing our online form to schedule a confidential appointment to discuss your situation and how we can help.