There are several legal responses to domestic violence. A no-contact, protection, or restraining order may be issued pursuant to a number of statutes, depending on the factual circumstances of the case.

A family member or household member may seek a no-contact order when a criminal case is pending. A higher standard of proof is required to obtain a no-contact order than similar order in a civil action.

A restraining order is typically obtained by a married partner as part of a family law action such as a dissolution or legal separation.

A protection order, issued pursuant to RCW 26.50, the Domestic Violence Prevention Act (DVPA), and the focus of this article, may be obtained by “any family or household member,” including persons 16 years or older involved in a dating relationship, any time domestic violence is threatened or has already occurred.

In some cases, all three orders may be available to a victim, but only one or possibly two will be necessary to protect the victim. Chapter 74 of the Family Law Deskbook, titled “Domestic Violence,” provides an excellent summary of the advantages and disadvantages of each type of order and is a superb reference for other relevant information and resources pertaining to domestic violence beyond the scope of this article.

The DVPA is designed to provide victims of domestic violence with a quick, inexpensive, and relatively simple process to obtain protection orders against “domestic violence” without aid of an attorney. King County provides court advocates to assist victims (and attorneys) throughout the process, including providing required forms and simple procedural instructions. These advocates are particularly helpful and a significant exception to the limited services offered by court clerks.

The term “domestic violence” is defined in the DVPA as: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. RCW 26.50.010.

“Family or household” members who may seek relief are defined broadly, and include spouses, former spouses, persons who have a child in common, adult persons related by marriage or blood, adult persons residing together, persons 16 years or older who are residing together or have resided together in the past and who have had a dating relationship, persons 16 years or older who are or have had a dating relationship with another person 16 years or older, or a person who has a biological or legal parent-child relationship, including stepparents and stepchild and grandparents and grandchildren. RCW 25.50.010.

Typically, the victim seeking relief will file a petition (no filing fee is required) for a protection order ex parte in superior court (although municipal and district courts also have jurisdiction to issue ex parte protection orders), and the court is permitted to issue the ex parte protection order without notice to the perpetrator if the victim alleges “that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondents.” RCW 26.50.070(1).

Allegations of past assaults are not required to meet the irreparable injury requirement. If victims allege under declaration that a perpetrator has recently threatened them with bodily injury, they will have met their burden of proof. RCW 26.50.070(2).

If the court issues an ex parte order, it is effective for 14 days and must be served on the perpetrator along with the petition and notice of the full hearing. Under certain circumstances, ex parte protection orders issued in municipal or district court must be transferred to superior court. RCW 26.50.020(2).

After a hearing with notice to the perpetrator, the court may grant various relief, including restraining the perpetrator from committing further acts of violence, excluding the perpetrator from a shared residence or from the victim’s residence or workplace or from the daycare or school of a child, excluding the perpetrator from a specific distance from the victim’s home or workplace, and making residential provisions for the children. RCW 26.50.060 should be referenced for other available requests for relief.

Although no order of child support or maintenance can be obtained under RCW 26.50, the Division of Child Sup-port can initiate an action for support independent of any court action. How-ever, this is typically a slow process and is limited to child support, not maintenance. If immediate financial assistance is needed or if a maintenance order is required, the victim must seek relief through a Chapter 26.09, 26.10, or 26.26 RCW action.

A full protection order is effective for a fixed period not to exceed one year. After the first fixed period has passed, the court may re-issue the order for another fixed period or may make the order permanent. RCW 25.50.060(2).

The DVPA requires law enforcement agencies to enforce protection orders. A knowing violation of a protection order is a gross misdemeanor, and, in some situations, may be a Class C felony. RCW 26.50.110(1),(4), & (6).

RCW 26.50.110(2) provides that police officers with probable cause to believe that a person has knowingly violated the provisions of a protection order restricting violence or excluding him from a residence are required to arrest the person and take him into custody. RCW 10.31.100, which applies to no-contact and restraining orders as well, also mandates the arrest of anyone who knowingly violates the order.

The police may be unwilling to enforce an ex parte or full protection order if it has not been entered into the state-wide law enforcement computer and the victim cannot produce a copy of the order. Thus, it is essential that the victim use the appropriate court forms which require the court clerk to forward a copy of the order to the appropriate city police department or county sheriff’s office which will then enter it in the computer-based criminal intelligence system used by law enforcement.