Can You Get a Permanent Restraining Order in Washington State?

When your safety is at risk, a temporary restraining order can be a vital shield against violence, harassment, or threats. A permanent restraining order strengthens this protection by offering long-term security and peace of mind.

At Jackman Law Firm, we’ve seen firsthand the impact that restraining orders (formally known as Protection Orders under Washington law) can have in ensuring safety and preventing further threats or injury. Here’s what you need to know about obtaining a permanent restraining order in Washington State.

Legal Requirements for Obtaining a Permanent Protection Order

Securing a permanent Protection Order is a serious process that requires meeting specific legal criteria: 

Evidence of a Qualifying Relationship

To file for a Protection Order, you must establish a relationship with the person you seek protection from — family members, household members, or intimate partners. Situations involving spouses, former partners, or individuals living together meet this requirement.

Proof of Abuse or Threats

You must provide clear and convincing evidence of abuse or threats. This can involve physical violence, stalking, or even a single significant act of harm or intimidation.

Supportive Evidence

Documentation plays a crucial role. Medical records, police reports, photographs of injuries, threatening messages, or witness statements will strengthen your case.

Meeting these requirements ensures the court takes your request seriously, setting the stage for further legal proceedings.

Process of Obtaining a Permanent Protection Order

The journey to securing a permanent Protection Order involves several steps. Let’s break it down:

Filing a Petition

Once you’ve got your supporting evidence and documents together, the first step is filing a Petition for a Protection Order with your local Superior Court. This document must detail the nature of the abuse or threats and why protection is necessary. Including as much information as possible ensures your concerns are presented clearly to the court.

Temporary Order

After reviewing your petition, a judge may issue a temporary Protection Order. This initial order typically lasts about 14 days and provides immediate safety while the court schedules a full hearing.

Service

Once a temporary order is in place, the respondent (the person you are seeking protection from) must be served with court documents at least five court days before the hearing. Proper service is critical; without it, the case cannot proceed.

Full Hearing

The hearing is where both parties present their evidence and arguments. The judge carefully examines the information provided to decide whether to grant a permanent Protection Order. It’s essential to bring all documentation during this stage and, if possible, have legal representation. 

Duration and Renewal of Protection Orders

In Washington, “permanent” Protection Orders typically last for one year, but the court may issue them for up to five years based on your request.

• Renewals: Before an order expires, you can request a renewal to extend the order for another term, offering continued safety and peace of mind.
• Restrictions on the Restrained Person: A permanent Protection Order may include provisions like:
  • Prohibiting any form of contact.
  • Requiring the respondent to stay a specific distance from certain locations, such as the petitioner’s home, workplace, or children’s school.
  • Forbidding the possession or purchase of firearms.

These measures are designed to ensure that you remain safe throughout the duration of the order.

Enforcement and Consequences of Violating a Protection Order

Violating a Protection Order is a criminal offense in Washington State. Law enforcement takes these violations seriously to protect the safety of individuals under court protection.

• Mandatory Arrest: If someone violates the terms of a Protection Order, the police can arrest them on the spot.
• Criminal Penalties: Violations may result in criminal charges. Depending on the nature of the violation, these charges can range from a gross misdemeanor to a Class C felony, carrying penalties like jail time, fines, or both.

Taking every provision of a Protection Order seriously is not just important—it’s the law.

Modifying or Terminating a Protection Order

Circumstances can change, and Washington law allows for modifying or terminating a permanent Protection Order under RCW 26.50.130(3).

• Filing a Motion: You must file a motion and declaration with the court to modify or terminate the order. The motion must explain why the change is necessary and provide evidence to support your request.
• Serving the Parties: All involved parties must be notified about the motion, ensuring they have an opportunity to respond.
• Court Hearing: Once the court schedules a hearing, a judge reviews the motion and decides whether the modification or termination is justified.

Understanding this process ensures that any changes to the order are appropriately handled.

Facing a Threat? Secure Your Safety with Jackman Law Firm

Your safety is paramount, and at Jackman Law Firm, we are committed to your protection. Since 2014, we’ve worked to provide exceptional legal support to families and individuals dealing with challenging situations, including obtaining permanent Protection Orders.

We understand how difficult it can be to face threats or harassment, and we’re here to guide you every step of the way. Don’t face this situation alone. Call us at 206-558-5555 or visit our Contact Us page to schedule your consultation. Together, we can help you secure the safety and peace of mind you deserve.