What Proof Do You Need For a Protection Order in Washington State?

Obtaining a protection order in Washington State requires specific types of evidence to demonstrate the need for protection. Legal protection is available for those experiencing violence or harassment, and a protection order can be the first step to regaining control and peace of mind.

At Jackman Law Firm, we understand how distressing it is to be in such a situation. With nearly two decades of experience, we’ve been helping individuals across Washington State seek the protection they need.

We’re here to walk you through the process, from understanding the types of protection orders to gathering the proof required to secure one.

Types of Protection Orders in Washington State

It’s important to understand that Washington law uses the term “Protection Order” rather than “Restraining Order.” These orders are designed to prevent harm and provide legal protection in various situations. The required evidence and specific conditions of each order can vary.

Domestic Violence Protection Orders

Domestic violence protection orders are intended for individuals who have a family or household relationship with their abuser. This can include spouses, ex-spouses, people who share a child, relatives, or even roommates.

The law in Washington State defines domestic violence as any act of physical harm, bodily injury, assault, stalking, sexual assault, or threats that place someone in fear of immediate harm.

It’s essential to note that emotional and psychological abuse may also fall under this category if it includes threats or intimidation.

Anti-Harassment Protection Orders

Unlike domestic violence orders, an anti-harassment protection order doesn’t require a family or household relationship. Anyone experiencing harassment from another person can seek this order.

Harassment is defined as repeated, intentional, and unwanted behavior that alarms or disturbs you. This can include persistent unwanted contact, stalking, cyberstalking, or even threats that cause fear.

Other Types of Restraining/Protection Orders

There are also other types of protection orders available, depending on the situation:

• Sexual Assault Protection Orders: Available to individuals who are victims of non-consensual sexual conduct or assault.
• Stalking Protection Orders: For those who are being followed, monitored, or harassed to the point of fear.
• Extreme Risk Protection Orders: These are unique in that they temporarily prevent a person who is considered dangerous from accessing firearms.

Evidence Required for a Protection Order

When seeking a protection order, the court will require proof of the abuse or harassment. The good news is that you don’t need a mountain of evidence, but you do need to provide enough to convince the court that the harm or threat is real.

Direct Evidence

This type of proof comes straight from personal experience or firsthand accounts, making your testimony, along with supporting documents, essential to building a strong case.

1. Personal Testimony: Your testimony is crucial. A detailed, personal account of the abuse, harassment, or threats you’ve experienced holds significant weight. Be specific—share dates, times, and places where the incidents occurred. The more detailed your account, the better your chances.
2. Witness Testimony: Sometimes, friends, neighbors, or even co-workers may have witnessed the abuse. Their statements can strengthen your case. If possible, gather contact information for potential witnesses who can corroborate your story.
3. Police Reports: If the police were ever involved in any of the incidents, those reports are valuable evidence. Police reports document violence, threats, or harassment and provide a third-party account of the events. It’s important to obtain copies of these reports to present in court.

Circumstantial Evidence

Circumstantial evidence can provide valuable support for your case by showing patterns or implications of abuse or harassment. Though it may not directly prove the events, it helps connect the dots and strengthens the overall narrative presented to the court.

1. Medical Records: If you’ve sustained any injuries due to abuse, medical records can be a powerful form of evidence. These records show that the abuse has caused physical harm, lending credibility to your case.
2. Photos and Videos: Photos or videos of injuries, damaged property, or other visual proof of abuse can be compelling in court. Make sure you preserve these materials properly and in a format the court can accept.
3. Text Messages, Emails, and Social Media Posts: Digital evidence such as threatening text messages, emails, or social media posts can also support your case. These often show a pattern of harassment or abuse over time. It’s crucial to keep records of these interactions, even if they seem minor.
4. Documentation of Ongoing Criminal Cases: If your abuser has a criminal case related to the violence or harassment, this can bolster your protection order request. This shows a history of legal trouble tied to their behavior.
5. Written Account: Even if you don’t have access to police reports or medical records, it’s helpful to keep a detailed written log of the abuse or harassment. Documenting incidents as they happen—complete with dates and descriptions—can help paint a clear picture for the court.

Standard of Proof

In Washington State, the standard of proof for a protection order is “preponderance of the evidence.” This simply means it must be more likely than not that the abuse occurred. You don’t need overwhelming physical proof—your testimony, combined with other supporting evidence, could be enough to meet this standard.

Specific Examples Based on the Type of Protection Order

The type of protection order you’re seeking will determine the kind of evidence that will be most effective.

• For a Domestic Violence Protection Order, you might show a pattern of physical abuse, combined with medical records or witness testimony.
• For an Anti-Harassment Protection Order, a series of harassing text messages or unwanted visits could help prove your case.
• For a Sexual Assault Protection Order, police reports, hospital records, and testimony from those who may have seen the abuser following or harassing you afterward are key.

The Process of Obtaining a Protection Order

Once you have the necessary proof, the process of obtaining a protection order involves several steps:

1. Filing the Petition: This is the first formal step. You’ll need to complete the correct forms, which can typically be found on your county’s court website or by visiting the courthouse. You can file the forms online or in person, but make sure the forms are accurate and thorough.
2. Temporary Order: In emergencies, a temporary restraining order may be granted immediately to provide protection while waiting for the full hearing. This can give you peace of mind while you prepare.
3. Court Hearing: You’ll need to attend a court hearing where both you and the abuser (if they choose to appear) present your case. This is when your evidence will be crucial.
4. Service of Process: For the protection order to be enforceable, the abuser must be officially served with the order. You can use law enforcement, a process server, or sometimes even certified mail to ensure they receive the documents.

Need Help With a Protection Order in Washington State? Contact Jackman Law Firm

The process of obtaining a protection order in Washington State is complex, with each case being unique with specific requirements. At Jackman Law Firm, we’re committed to helping those affected by abuse and harassment. Our team is committed to providing compassionate, professional guidance through this challenging process.

Our team has extensive experience handling protection orders in Washington State. If you’re considering seeking a protection order, contact us today (844-303-0001) for a free consultation. Don’t wait to protect yourself—reach out to us now for the support you deserve.