How Do I File for a Domestic Violence Protection Order in Clark County, Washington?

Clark County Domestic Violence Protection Order Overview

What is a Domestic Violence Protection Order

If the abuser has any of these relationships with you, you may file a petition for a Domestic Violence Protection Order:

Spouses or domestic partners (current or former) • Have a child in common (unless child was conceived through sexual assault) • Dating relationship (current or former). Must be at least age 13. If under 15, petition must be filed by a person age 15 or older who is a member of your family or household • Related by blood, marriage, domestic partnership, or adoption • People who live or lived together (current or former) • People with a parent-child relationship (biological or legal), including stepparents and stepchildren, grandparents and grandchildren, or a parent’s intimate partner and children • Legal guardian

The order may prohibit contact of any kind from this person, including stalking behavior, electronic monitoring, and all third-party contact.

What Behavior Falls Under the Description of Domestic Violence in the State of Washington

(9) “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 stalking of one family or household member by another family or household member.

“Coercive control” is an important term because it includes multiple types of abuse that are not physical abuse. Specifically, coercive control is defined as, “a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” An exhaustive list of examples of coercive control can be found at RCW 7.105.010(4).

How Can You Get a Protection Order in Clark County

You must fill out and file a Petition for Protection Order. Court Form# PO 001. In this document you may ask for protection of minor children and pets that you may have with the perpetrator. You may ask that any weapons owned or in possession of the perpetrator be ordered to be removed. There is an exception line for any necessary communication that you wish to remain between you and the respondent, particularly if you share minor children. You may also ask that the other party be restrained from entering the home you may inhabit together or any other location you frequent.

You must write a statement describing in detail the harm the abuser is causing you. You can include exhibits with screenshots of text communication, pictures of harm done, or any other proof that you have to show the abuse. You can also gather and submit declarations from family members and friends that have witnessed the abuse.

Take the documents into the Clark County Courthouse Protection Order Department before 2pm for same day approval by a judge. The courthouse is located at 1200 Franklin Street in downtown Vancouver. A facilitator will look over your documents and ensure that they are correct at no cost to you. The facilitator is very knowledgeable about the forms and process and will be informative yet patient during their review. The facilitator will take documents and present them to a judge. You will need to return to the office before or by four o’clock for your approval or denial. Follow all instructions given by the facilitator.

If the order is temporarily approved, you will be issued a Temporary Protection Order and Notice of Hearing. You may have law enforcement, or any other civil department serve the order upon the other party. If a confiscation of weapons is ordered, vacation of residents, or transfer of child custody, the order must be served by a law enforcement officer. You will be given a hearing date, and at the hearing, you will be able to argue your case in front of a judge for issuance a protection order to be in place for one year or longer, if the judge determines there is a need for an extended protection order.

If the order is not temporarily approved, you will receive an order denying the temporary order and a notice of hearing. The court will deny the temporary order if it believes there is not enough evidence in your petition to warrant a temporary protection order without notice to the other party. At the hearing, you will still be able to argue your case in front of a judge.

Next Steps After Getting a Protection Order

It is a mandatory arrest for knowingly violating this Protection Order. The abuser may face criminal or contempt charges.

The protected person may file a motion to terminate or modify this Protection Order at any time. The respondent may file a motion to terminate or modify a final order no more than one time in any 12-month period after the order was granted.

A hearing will be set only if, based on the motion and responding declarations, the court finds there may be reason to modify or terminate the order.

You may file a petition for extension of the order ninety days before the order expires.

Protect Yourself and Consult a Clark County Family Lawyer Today