Civil Protection Orders

What are the three different alternatives available for protection? 

Part of the confusion for a victim is that there are three ways to get help, but each of the alternatives may be only available depending on the facts of the incident(s) and the relationship of the alleged violator to the victim.

  1. The first alternative is a domestic violence no contact order issued by a judge as part of a domestic violence criminal proceeding when a crime is charged. If you are a victim of a domestic violence crime (assault, threats, malicious mischief, etc.) you first should request assistance of law enforcement and have the crime charged and a no contact order entered by the judge as part of the criminal proceeding.
  2. The second alternative is a domestic violence protection order which is available even though a crime is not charged. This is the required alternative when the alleged violator is a spouse, former spouse, an adult person related by blood or marriage, persons residing together, persons with a prior dating relationship, persons who have a biological or legal parent-child relationship, and persons who have a child in common whether or not they have been married or lived together.
  3. The third alternative is a civil anti-harassment protection order. This alternative is only available when the incident(s) are not domestic violence acts. Unlawful harassment is a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses such person, and which serves no legitimate lawful purpose. To be eligible for such a protection order, there must be repeated invasions of a person's privacy by acts and words showing a continuous pattern of harassment. Isolated single acts of harassment may not qualify a person for an anti-harassment protection order.

Where do you go to obtain this help? 

If you are a victim of a domestic violence crime, immediately call for help from law enforcement. As a further follow-up, contact the appropriate court as soon as possible and request through the prosecutor that you wish that a no contact order be issued as a part of the preliminary appearance or arraignment process or appear in court.

  1. If you desire a domestic violence protection order, sooner before the district court hearing, is the appropriate alternative, you make an application with the Superior Court Clerk's Office.
  2. A civil anti-harassment protection order is obtained at the Clallam County District Court office

How do you apply for a Civil anti-harassment protection order? 

A District Court Clerk will provide to you a set of materials which include a Petition for Protection order and a Law Enforcement and Confidential information. There is a $83.00 filing fee. If you are unable to afford the cost to file the petition for protection order, the clerk can give you a Motion and declaration for waiver of filing fees. Once the materials have been completed by the applicant and filed, a judge will review the petition and declaration and determine if a Protection order is appropriate.

After Judge reviews the petition, he could find the following outcomes:

  1. Issue a temporary protection order and set a hearing within 14 days.
  2. Set a hearing within 14 days without issuing a temporary order.
  3. Deny the petition and give the petitioner 14 days to provide additional information.

A copy of the temporary order and/or notice of hearing is then required to be served on the respondent by the petitioner or law enforcement. At the hearing, a judge will hear testimony of the parties and any witnesses of the alleged harassment. The judge will then decide if the protection order should be made permanent, and if so, what conditions the order should contain. The permanent order can be effective up to one year and can be extended, in some circumstances.

Petition for Protection Order

Law Enforcement and Confidential information

Motion and Declaration for waiver of filing fees