Civil Protection Orders

Domestic Violence Protection Order (DVPO) - Must Establish a Relationship

Filing Fee: None

RCW 7.105: Domestic violence means: (a) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or (b) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.

Relationship: Intimate Partner

• Spouses or domestic partners;
• Former spouses or former domestic partners;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time, unless the child is conceived through sexual assault; or
• Persons who have or have had a dating relationship where both persons are at least 13 years of age or older.

Relationship: Family or Household Member

• Persons related by blood, marriage, domestic partnership, or adoption;
• Persons who currently or formerly resided together;
• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent's intimate partner and children; and
• A person who is acting or has acted as a legal guardian. 

Who may file:  A petition for a domestic violence protection order must allege the existence of domestic violence committed against the petitioner or petitioners by an intimate partner or a family or household member. The petitioner may petition for relief on behalf of himself or herself and on behalf of family or household members who are minors or vulnerable adults. A petition for a domestic violence protection order must specify whether the petitioner and the respondent are intimate partners or family or household members. A petitioner who has been sexually assaulted or stalked by an intimate partner or a family or household member should, but is not required to, seek a domestic violence protection order, rather than a sexual assault protection order or a stalking protection order.  

A person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action.

A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section.

Domestic Violence Protection Order petitions can be filed with the Clerk of Superior Court located on the third floor of the courthouse 128 N 2nd Street, Yakima WA, 98902.

Sexual Assault Protection Order (SAPO) 

Filing Fee: None

• RCW 7.105.010(32) Sexual Conduct means any of the following:
  • Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing;
  • Any intentional or knowing display of the genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent;
  • Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent;
  • Any forced display of the petitioner's genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others;
  • Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 16, if done for the purpose of sexual gratification or arousal of the respondent or others; or
  • Any coerced or forced touching or fondling by a child under the age of 16, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others.
• RCW 7.105.010(33) Sexual Penetration means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Who May File:

• Anyone who is the victim of nonconsensual sexual conduct or nonconsensual sexual penetration
• Anyone on behalf of:
  • Himself or herself;
  • A minor child, where the petitioner is the parent, legal guardian, or custodian;
  • A vulnerable adult, where the petitioner is an interested person; or
  • Any other adult for whom the petitioner demonstrates to the court's satisfaction that the petitioner is interested in the adult's well-being, the court's intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility.
• A person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action.
• A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section.

Vulnerable Adult Protection Order (VAPO) 

Filing Fee: None

RCW 7.105: A petition may be filed by vulnerable adult or interested person on behalf of the vulnerable adult. Petitioner must allege that there has been abandonment, abuse, neglect, financial exploitation or threat of any of these. Petition must state specific facts and circumstances which demonstrate need for relief sought.

 A Vulnerable Adult is:

• Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
• Subject to a guardianship under RCW 11.130.265 or adult subject to conservatorship under RCW 11.130.360; or
• Who has a developmental disability as defined under RCW 71A.10.020; or
• Admitted to any facility; or
• Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or
• Receiving services from a person under contract with the department of social and health services to provide services in the home under chapter 74.09 or 74.39A RCW; or
• Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

RCW 7.105.065 Jurisdiction - Superior Court hears all vulnerable adult protection order proceedings.

*Note - If you are filing the petition as an interested person, your affidavit or declaration must also include a statement of why you qualify as an interested person.

Extreme Risk Protection Order (ERPO) 

Filing Fee: None

RCW 7.105.100: A petition for an extreme risk protection order, which must allege that the respondent poses a significant danger of causing personal injury to self or others by having in the respondent's custody or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive, a firearm. The petition must also identify information the petitioner is able to provide about the firearms, such as the number, types, and locations of any firearms the petitioner believes to be in the respondent's current ownership, possession, custody, access, or control. 

Who may file:  A petition for an extreme risk protection order may be filed by:

• An intimate partner or a family or household member of the respondent; or
• A law enforcement agency.
• A person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action.
• A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section.

RCW 7.105.070 Jurisdiction - Superior Court conducts proceedings for Extreme Risk Protection Orders (ERPO), except:

• Juvenile Court may hear an ERPO if the respondent is under the age of 18 years;
• District Court may issue and enforce a temporary ERPO, however the case will be transferred to Superior Court for a full hearing.

Antiharassment Protection Order

Filing Fee: None

RCW 7.105:  Unlawful Harassment means:

• A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that serves no legitimate or lawful purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner; or
• A single act of violence or threat of violence directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that serves no legitimate or lawful purpose, which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. A single threat of violence must include:
  • A malicious and intentional threat as described in RCW 9A.36.080(1)(c); or
  • the presence of a firearm or other weapon.

A petition for an antiharassment protection order must allege the existence of unlawful harassment committed against the petitioner or petitioners by the respondent. If a petitioner is seeking relief based on domestic violence, nonconsensual sexual conduct, nonconsensual sexual penetration, or stalking, the petitioner may, but is not required to, seek a domestic violence, sexual assault, or stalking protection order, rather than an antiharassment order.

Who may file:  The petitioner may petition for an antiharassment protection order on behalf of:

• Himself or herself;
• A minor child, where the petitioner is the parent, legal guardian, or custodian;
• A vulnerable adult, where the petitioner is an interested person; or
• Any other adult for whom the petitioner demonstrates to the court's satisfaction that the petitioner is interested in the adult's well-being, the court's intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility.
• A person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action.
• A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section.

Stalking Protection Order

Filing Fee: None

RCW 7.105:  Stalking means any of the following:

• Any act of stalking as defined under RCW 9A.46.110 ;
• Any act of cyber harassment as defined under RCW 9A.90.120 ;
• Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person that:
  • Would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened and that actually causes such a felling;
  • Serves no lawful purpose; and
  • The respondent knows, or reasonably should know, threatens, frightens, or intimidates the person, even if the respondent did not intend to intimidate, frighten, or threaten the person.

RCW 7.105.100 A petition for a stalking protection order must allege the existence of stalking committed against the petitioner or petitioners by the respondent. A petitioner who has been stalked by an intimate partner or a family or household member should, but is not required to, seek a domestic violence protection order, rather than a stalking protection order. The petitioner may petition for a stalking protection order on behalf of:

• Himself or herself;
• A minor child, where the petitioner is the parent, legal guardian, or custodian;
• A vulnerable adult, where the petitioner is an interested person; or
• Any other adult for whom the petitioner demonstrates to the court's satisfaction that the petitioner is interested in the adult's well-being, the court's intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility.

A petitioner may also be:

• A person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action.
• A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section.

*If you have been stalked by a relationship outlined under a Domestic Violence Protection Order, you should seek relief under a Domestic Violence Protection Order.