Protection vs. Restraining Orders: Essential Guide for Respondents

If you’ve been unfairly accused of harassment, domestic violence, or stalking, you may have to defend against a Washington State protection order. Many people are confused about the difference between a protection order and a more common term called a restraining order, and whether they’re actually the same thing. The bottom line is that your freedom and reputation can be negatively affected, and you need to understand what you’re facing.

As Seattle experienced protection order defense attorneys, we created this guide to help you protect your rights and prepare a strong response. There have been recent changes to the law governing protection orders in the state, as detailed in my 2022 article for the Washington State Bar News. It's essential to understand how these orders work, how they may affect your own rights and behavior, and what you can do to fight them in court.

What Is the Difference Between a Protection Order and a Restraining Order?

In Washington State specifically, the key difference lies in where and how these orders originate. Protection orders are standalone civil cases filed in District or Superior Court (with certain matters required or transferred to Superior Court), typically for domestic violence situations. Restraining orders, on the other hand, are issued, if necessary, within existing family law cases that are currently being litigated, such as divorces or custody disputes.

Both can result in criminal charges if violated. Depending on the circumstances, a violation could result in a charge of a gross misdemeanor or even a Class C felony, with officers having the authority to make a mandatory arrest on probable cause.

Protection Order Basics

Let's start with clarifying terminology. In legal terms, "restraining order" is actually the umbrella term for any court order that restricts someone's behavior. This term is generally used in many different states.

Protection orders in Washington are civil court orders specifically designed to protect individuals from domestic violence, sexual assault, stalking, or other threatening behaviors. They exist as their own legal case, separate from any criminal charges or family law matters. You don't need an existing court case to file for a protection order — the protection order itself is the case.

Under Washington law, civil protection orders come in several varieties, with domestic violence protection orders (DVPOs) being the most common type. Another kind that we see quite often is the sexual assault protection order (SAPO). There are also stalking protection orders, anti-harassment protection orders, vulnerable adult protection orders, and extreme risk protection orders (ERPOs) for firearms.

Note: Washington doesn't have a separate "Emergency Protection Order" category in civil cases. When courts are closed, criminal DV cases may involve emergency no-contact orders; civil protection orders use ex parte temporary orders with hearings set within 14 days.

A DVPO can order you to:

• Not threaten or hurt the person who sought the order (known in court as "the petitioner" or "protected person")
• Not enter the petitioner's residence (even if it is also your normal residence)
• Give up custody of your children in favor of their other parent temporarily
• Obey a court-set schedule for visitation with your minor children
• Leave a shared residence immediately
• Grant the petitioner possession of essential personal effects
• Grant the petitioner use of a vehicle
• Attend counseling
• Maintain a specific stay-away distance from protected locations
• Surrender firearms and concealed pistol license

A protection order cannot:

• Order child support
• Order maintenance (alimony)
• Assign most property to either party
• Establish permanent child custody or use of the shared residence

When both a divorce and a protection order are sought simultaneously, things become complicated quickly. It's especially important to consult an attorney in that situation.

Restraining Order Basics

In Washington's legal system, "restraining orders" specifically refer to orders issued within other court cases, most commonly family law cases. These are not separate cases themselves but are part of the larger legal proceeding.

Unlike protection orders, restraining orders can deal with:

• Property issues
• Child support
• Spousal support
• Civil disputes between neighbors, landlords, or business partners
• Harassment situations not involving family or household members

Important: Violating restraining orders issued in family law cases under RCW 26.09.300 can be a gross misdemeanor or Class C felony in certain circumstances, just like protection orders. Officers have mandatory arrest authority upon probable cause. Don't assume these are "just civil" and don’t carry serious criminal consequences.

What Are the Three Main Types of Protection Orders?

Washington State recognizes three primary classifications of protection orders, based on their urgency and duration: emergency, temporary (also known as ex parte), and final (permanent) orders. Each type involves different procedures, evidence requirements, and consequences for the accused.

1. Emergency Protection Orders (EPO)

Law enforcement officers can request these immediately during a domestic violence call, lasting 24 hours to 7 days. No court hearing occurs before issuance, and you may not know about it until served. These orders take effect immediately upon service.

2. Temporary Ex Parte Orders

Ex parte means the court hears only from the complainant without your presence or input. These orders last up to 14 days in Washington, providing the complainant time to pursue a permanent order. The burden of proof at this stage is extremely low, requiring only the complainant's sworn statement alleging fear or harm.

3. Final or Permanent Protection Orders

After a full court hearing where both parties present evidence, judges can issue orders lasting up to many years. This is your opportunity for your defense attorney to present your defense, cross-examine the complainant, and challenge their allegations with evidence.

Evidence Requirements: What Complainants Must Prove

To obtain a protection order, complainants must provide specific evidence, though the standard varies by order type:

Common types of evidence that complainants present include text messages, emails, photos of alleged injuries, medical records, witness statements, and police reports.  However, digital communications can be easily misinterpreted. Many of these cases are supported by unverified allegations rather than complete, documented evidence.

In What Circumstances Can Someone Get a Domestic Violence Protection Order Against You?

To get a DVPO from a court, the petitioner must allege that domestic violence has occurred and provide an affidavit stating the specific facts and circumstances of the situation. The definition of domestic violence under RCW 10.99 includes assault, harassment, stalking, malicious mischief, and even interference with calling 911.

The judge then decides whether the affidavit makes a plausible showing of domestic violence. If it does, the judge will likely issue a temporary DVPO that remains in effect for two weeks. In the beginning, judges err on the side of caution, often granting temporary orders based solely on one-sided allegations without hearing your perspective.

Key relationships that qualify for protection orders include current or former spouses, dating partners, co-parents, household members, and blood relatives. The relationship requirement is broadly interpreted by courts.

How Can the Court Keep Me from Seeing My Family?

Unfortunately, sometimes protection orders have the unintended effect of temporarily splitting up families. This is because the court thinks that it is necessary for the children's safety. Courts often include children in protection orders even without specific allegations against them, based on general safety concerns.

The impact on parental rights can be devastating, including limiting or eliminating visitation without a supervisor, loss of decision-making authority, inability to attend school events, and presumption against custody in future proceedings.

It is essential not to violate any protection order. Violating a protection order is a gross misdemeanor in Washington, punishable by up to 364 days in jail and a fine of up to $5,000, according to RCW 7.105.450.

What Happens If Someone Violates a Protection or Restraining Order?

Protection order violations trigger mandatory arrest under RCW 7.105.450, while restraining order violations in family law cases are criminalized under RCW 26.09.300. According to the 2024 Washington crime statistics, there were 19,598 reported protection order violations statewide.

Protection Order Violations — Criminal Consequences

• Immediate arrest upon probable cause
• Gross misdemeanor charges (up to 364 days jail, $5,000 fine)
• No bail until seeing a judge
• Initial custody and bail procedures vary by county; after a mandatory arrest, release conditions are set by the court at the first appearance
• Additional criminal charges if new crimes are alleged
• Immigration consequences for non-citizens
• Loss of firearm rights

Restraining Order Violations — Civil Consequences

• Contempt of court proceedings
• Monetary sanctions
• Possible jail time for willful contempt
• Modification of existing orders
• Attorney fee awards to the complainant

Even accidental or technical violations can result in arrest. Common violation scenarios include responding to texts from the protected person, being at the exact location coincidentally, third-party contact attempts, and social media interactions.

Do I Need a Lawyer to Get a Restraining or Protection Order Dismissed?

While not legally required, attempting to fight a protection order without experienced legal counsel dramatically reduces your chances of success. First, our attorneys can often negotiate favorable resolutions to protection order cases before a permanent hearing takes place. This can involve crafting a private agreement or agreeing to extend a temporary order for a specified period to avoid a permanent finding by the court.

If the parties can’t agree on the terms of an agreement and a hearing must take place, judges start with a presumption favoring the complainant's safety. To prevail, you must overcome this bias with compelling evidence and legal arguments.

Why Legal Representation Matters

• Understanding evidence rules and objections
• Cross-examining complainants effectively
• Presenting your case persuasively
• Negotiating agreed orders with better terms
• Avoiding self-incrimination in testimony
• Protecting future rights in related cases

That's why it is often a good idea to defend against a petition for a protection order even if you have no desire to do the things you might be ordered not to do. If the court issues the order and the petitioner later reports you violated it, the police may not realize the report is false, or that any violation you committed was unintentional. You could go to jail before things get straightened out.

Your Rights When Facing a Protection Order

The accused maintains fundamental constitutional rights throughout protection order proceedings:

• Right to notice of allegations against you
• Right to a hearing before permanent orders are issued
• Right to counsel (though not appointed in civil proceedings)
• Right to present evidence and witnesses
• Right to appeal adverse decisions

Exercise these rights strategically with experienced legal guidance to avoid strengthening the case against you.

Take Immediate Action to Protect Your Future

Don't just concede a petition for a protection order against you, at least, not without consulting with an attorney about the particulars of your situation. At Marshall & Saunders, we have a long history of representing parents and other persons accused of child abuse, domestic violence, and sexual assault. Please contact us now for a confidential consultation.