Temporary Protection Orders in Washington State: What to Do When Faced With One

If you’ve been served with a Temporary Protection Order (TPO) in Washington State, you might be wondering what to do next. These orders can be issued quickly, so it’s important to understand their implications and your rights.

A TPO can change the course of your life, impacting your relationships, living arrangements, and personal freedom. At Jackman Law Firm, we understand how challenging this can be. With nearly two decades of combined legal experience, we’ve helped many individuals navigate these difficult times.

If you find yourself facing a TPO, we’re here to help you understand the next steps.

What Is a Temporary Protection Order (TPO) in Washington?

A Temporary Protection Order (TPO) is a legal order issued by a judge to provide immediate protection for someone who may be in danger.

These orders are temporary, often lasting up to 14 days. They are issued without the respondent (the person against whom the order is filed) being present in court. The judge decides whether to issue the order based on the evidence provided by the petitioner, and this decision is made swiftly to ensure the safety of those involved.

Types of Protection Orders That Can Be Issued as TPOs

Several types of protection orders can be issued as TPOs, each aimed at addressing different types of threats or harms.

Domestic Violence Protection Order (DVPO)

A Domestic Violence Protection Order (DVPO) offers legal protection to individuals facing domestic violence from an intimate partner or family/household member.

It covers not only physical harm but also coercive control, which includes actions like emotional manipulation, financial abuse, or isolation.

Who Can File for a DVPO?

A DVPO can protect the petitioner and any minor or vulnerable adults in their household. Eligible relationships for filing include:

• Current or former spouses/domestic partners: Protection is available whether you’re currently married or were in a previous relationship.
• People sharing a child: A DVPO can be filed if you share a child with the respondent, except if the child was conceived through sexual assault.
• Dating relationships: Current or former dating partners (age 13+, with limits for those under 15) can file for protection.
• Blood relatives, marriage, or adoption: Family members, whether related by blood, marriage, or adoption, qualify for protection.
• Cohabitants: Individuals who live or lived together, even without a romantic relationship, are eligible.
• Parent-child relationships: Children can also be protected from abuse by parents, stepparents, or grandparents.

Victims of sexual assault, harassment, or stalking by an intimate partner can also seek protection through a DVPO.

Sexual Assault Protection Order (SAPO)

A Sexual Assault Protection Order (SAPO) is intended to safeguard victims of nonconsensual sexual conduct or penetration, even if it was a single incident.

This order prevents the respondent from contacting or approaching the victim, providing immediate protection.

Who Can File for a SAPO?

• Victims of sexual assault: Any individual who has been subjected to nonconsensual sexual conduct or penetration, even if it happened once.
• Parents or guardians: On behalf of minor children who have been victims of sexual assault.
• Legal representatives: Individuals acting on behalf of an incapacitated person who was assaulted.

Antiharassment Protection Order (AHPO)

An Antiharassment Protection Order (AHPO) offers protection from unwanted contact that causes significant emotional distress. The harassment can be part of a repeated pattern of behavior or a single serious act or threat.

Who Can File for an AHPO?

• Victims of harassment: Any person who has experienced unwanted contact, whether it’s through physical proximity, messages, or other means that cause emotional harm.
• Parents or guardians: Can file on behalf of minors who are being harassed.
• Businesses or organizations: Can file if they are facing harassment that disrupts their operations or causes distress to employees.

Stalking Protection Order (SPO)

If someone’s behavior causes fear or intimidation, often through persistent stalking, a Stalking Protection Order (SPO) can offer protection.

This order can restrict the stalker’s ability to contact, follow, or surveil the victim.

Who Can File for an SPO?

• Victims of stalking: Anyone experiencing repeated unwanted attention or tracking behaviors that cause fear or interfere with their safety.
• Parents or guardians: Can file for minors who are victims of stalking.
• Third parties: Can seek protection if the stalking is related to their association with the victim.

Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order (ERPO) is meant to temporarily remove firearms from individuals who are considered a danger to themselves or others.

This order is often sought when there’s a risk of potential violence or self-harm.

Who Can File for an ERPO?

• Law enforcement: Officers can request an ERPO when someone poses an imminent threat of harm.
• Family members or household members: Those concerned that a relative is at risk of harming themselves or others due to access to firearms.
• Health care providers: In certain cases, professionals can provide evidence supporting the need for an ERPO.

Vulnerable Adult Protection Order (VAPO)

A Vulnerable Adult Protection Order (VAPO) protects adults who are unable to care for themselves due to age, disability, or illness from abuse, neglect, abandonment, or financial exploitation.

It ensures that those who are most at risk are safeguarded from harm.

Who Can File for a VAPO?

• Vulnerable adults: Those who are at risk of harm due to age, disability, or illness.
• Legal guardians or caretakers: Individuals responsible for the care of vulnerable adults can file on their behalf.
• Concerned family members or friends: Can file if they suspect a vulnerable adult is being abused, neglected, or exploited.

How Is a TPO Issued in Washington State?

Here’s how the process works:

• File a Petition: The petitioner files a petition with the court, explaining why they believe a protection order is necessary.
• Judicial Review: A judge reviews the petition and the evidence provided. This step happens quickly to ensure safety if the situation is urgent.
• Issuing the Order: If the judge believes the petitioner is in immediate danger, they will issue the TPO and schedule a full hearing within a few weeks.
• Serving the Respondent: The respondent must be served with the TPO, meaning they receive a copy of it. The order is required to be served at least five court days before the full hearing.

What Does a TPO Restrict?

A TPO can include several restrictions, depending on the nature of the case:

• No-Contact Orders: The respondent may be forbidden from contacting the petitioner in person, by phone, or through any electronic means.
• Residence Exclusion: The respondent might be required to leave the shared home.
• Stay-Away Orders: The respondent could be ordered to stay away from the petitioner’s home, workplace, or other important locations.
• Firearm Restrictions: The respondent may be prohibited from owning or possessing firearms.
• Child Custody and Visitation Limitations: In some cases, a TPO may affect existing custody arrangements.

What to Do if You’re Served With a TPO in Washington

Being served with a TPO is serious, but there are steps you can take to protect your rights.

• • Remain Calm: It’s important not to escalate the situation.
  • Carefully Read the Order: Make sure you fully understand what’s being ordered. The details matter.
  • Obey the Order: Violating a TPO can lead to further legal consequences, including arrest.
  • Contact an Attorney Immediately: Legal guidance is critical in these situations. An attorney can help you understand the order and how to proceed.
  • Gather Evidence: If you believe the TPO is unjust, begin collecting any evidence that may support your case at the full hearing.

• Do Not Contact the Petitioner: Any contact could be considered a violation of the order.

What Happens at the Full Court Hearing?

At the full court hearing, both the petitioner and the respondent present their sides, along with any evidence. The hearing typically occurs within 14 days of the TPO being issued.

• Purpose of the Hearing: The court will determine whether the TPO should be extended, modified, or dismissed.
• Potential Outcomes: The judge can decide to dismiss the order, modify its terms, or convert the TPO into a permanent protection order, depending on the facts of the case.

The Importance of Attending the Full Hearing

For both the petitioner and respondent, attending the full hearing is essential. If the petitioner doesn’t attend, the TPO may expire without further action. For the respondent, attending is critical to present evidence and argue their case.

Need Legal Assistance with a TPO in Washington State?

Facing a Temporary Protection Order can feel overwhelming. Whether you’ve been served with a TPO or need help obtaining one, the attorneys at Jackman Law Firm are here to support you. Call us at 844-303-0001 today for a confidential consultation. Together, we’ll protect your rights and help you move forward.