Washington law provides several types of protective orders, and understanding the differences between them can help individuals pursue the right type of protection for their situation. Anti-harassment orders and domestic violence protection orders serve different, though sometimes overlapping, purposes. This post provides a general overview of the key differences between these two types of orders.
Who Can Seek Each Type of Order
Domestic violence protection orders are generally available to individuals who have a specific relationship with the restrained person, such as a current or former intimate partner, family member, or household member.
Anti-harassment orders, by contrast, are generally available regardless of the relationship between the parties, making them applicable to situations involving neighbors, coworkers, or acquaintances.
The Legal Standard for Each Order
Domestic violence protection orders require a showing of domestic violence as defined under Washington law, which can include physical harm, threats, or fear of imminent harm within a qualifying relationship. Anti-harassment orders require a showing of a pattern of harassment that would cause a reasonable person substantial emotional distress and serves no legitimate purpose. RCW 7.105.010 helps define these terms for use in your Protection Order case.
Available Remedies
Both types of orders can include provisions restricting contact and requiring the restrained party to stay away from certain locations, but domestic violence protection orders may consider additional protections more appropriate for parents involving children or couples who are now separated. The specific remedies available depend on the type of order and the facts presented to the court.
Choosing the Right Type of Order
Because the available relationships and remedies differ, individuals should carefully consider which type of order fits their situation, as filing the wrong type of petition can result in delays or an inability to obtain appropriate relief. Consulting with an attorney can help clarify which option is most appropriate for a specific set of circumstances.
Understanding the distinctions between these protective orders can help individuals pursue the most effective legal remedy for their situation. At Magnuson Lowell, P.S., we help clients throughout Washington pursue the appropriate type of protective order for their circumstances. We offer free telephone case evaluations to discuss your situation, call today 425-800-0573
