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Help for Law Enforcement

When people find themselves as victims and survivors of abuse, or worried about someone harming themselves or others, it can be difficult to know who and how to ask for help. Law enforcement must believe victims, listen to their stories, and understand how to best help guide people to safety.

What is a Protection Order?

A protection order* is a civil court order designed to safeguard an individual from harm or threats by another person. It is filed by the petitioner (the person seeking protection) against the respondent (the person alleged to have caused harm).

There are six types of civil protection orders available in Washington State that may be appropriate depending on the type of harm experienced and the relationship between the petitioner and respondent.

  1. Domestic Violence Protection Order
  2. Sexual Assault Protection Order
  3. Stalking Protection Order
  4. Anti-Harassment Protection Order
  5. Vulnerable Adult Protection Order
  6. Extreme Risk Protection Order**

*In other states, a protection order may also be referred to as a protective order or a restraining order.

**Extreme Risk Protection Orders (ERPOs) are sometimes referred to as “red flag laws.”

Learn more about protection ordersProtection order decision tree

Are you a respondent in a protection order case? Learn more about the process.

Respondent information

Extreme Risk Protection Order
An Extreme Risk Protection Order (ERPO) prevents individuals at high risk of harming themselves or others from accessing firearms by allowing family, household members, or law enforcement to obtain a court order when there is demonstrated evidence that the person poses a significant danger to themselves or others. A person with an ERPO cannot purchase, control, access, or possess guns while the order is in place.

Extreme Risk Protection Orders are unique as they allow law enforcement to file the petition.

Visit our ERPO page to learn more about how to recognize when one might be the best course of action, and how to help victims file.

Law Enforcement Role

Protection orders can be particularly vital for intervening in high-risk situations and preventing escalation to more severe violence. They are often part of a larger safety plan developed with the help of advocates or legal professionals. Acts such as domestic violence and stalking may escalate to more profound violence and homicide.

If there is a 911 response before or in addition to the protection order process, it is important to take a trauma-informed approach. It’s easy to make snap judgments in high-intensity situations or to think it might not be that serious if there is not a criminal prosecution. Implementing tools like the domestic violence lethality screen for first responders is a good way to make sure you’re getting the full picture of the safety risks for the victim, family, and community.

Additionally, law enforcement have a significant role through timely serving and enforcing protection orders, and ensuring firearms are relinquished when the order is served if the protection order includes a firearm prohibition. For cases not requiring in-person service by law enforcement, such as where firearms are not prohibited, using electronic service can be a tool to ensure that service is timely and successful.   

Here is a breakdown of the responsibilities of officers in this process:

Service of orders: Law enforcement officers are often responsible for serving the protection order to the respondent, and providing verification to the court that service was completed as required, which involves notifying respondents of the order, ensuring they are aware of restrictions and requirements imposed by the court, and securing any firearms if the order prohibits firearms. Orders that do not involve firearms, custody, and certain other elements may be served electronically, which can save time and help with limited staffing.
Enforcement: If the respondent violates the protection order, law enforcement is mandated to intervene to enforce the order. Violations may include harassment, stalking or threats, or not complying with other restraints the court ordered. It’s important to make sure the respondent understands the penalties for violating orders, such as restricted access to their kids, or additional legal actions.
Documentation and reporting: Documenting any incidents related to the protection order, including violations, is crucial for legal proceedings and for ensuring the safety of the protected individual. It is important to remember that any abuse that occurs online, including threats, harassment, and monitoring, can fall within the scope of a protection order and should be treated seriously.
Understand Criminal Order Options: Criminal harassment, domestic violence, and no-contact orders are also tools officers can use to protect victims. RCW 10.99.040 covers how law enforcement can file for emergency no-contact orders. Officers need to serve the respondent with the order/s and, as time allows, briefly review the order with them, and take action if it’s violated. As with other orders, it’s important to document any violations to support legal actions and keep the victim safe.
Providing assistance and information: Law enforcement can provide individuals seeking protection with information about protection order options, guidance on what steps to take if a violation occurs, and provide referrals to outside organizations to assist victims. Visit our advocate page for more information about how to provide guidance to victims.
Understanding ERPOs: Because firearm removal is a separate part of the protection order process, it is important to understand when an ERPO may be a more immediate step for safety for a victim. Visit our ERPO page to learn more about ERPOs, how to recognize when one might be the best course of action, and how to help victims file.
Safety planning with victims: In some cases, law enforcement can assist survivors with safety planning, which might include personal safety tips or information about local resources and shelters. Learn more about safety planning.
Trust and collaboration with other agencies: Working in conjunction with courts, social services, and advocacy groups ensures a comprehensive approach to the safety and support of individuals needing protection orders.
Compliance Hearings: Officers should understand the importance of compliance hearings, which provide an opportunity for the court to ensure that the respondent has complied with the terms of the order, specifically regarding the immediate removal of all firearms. If law enforcement believes the respondent is not in compliance with orders that require relinquishment of firearms, they can file a declaration and submit it to the court.
Full Faith and Credit: Full faith and credit ensures that protection orders issued in one state are recognized and enforced by all other states. This means that if a protection order is issued in Washington State, it must be honored in any other state, regardless of where the respondent goes. Law enforcement officers must be aware that protection orders are not limited by state borders and should enforce these orders even if they were issued out of state, thereby ensuring the safety of the protected individual regardless of location.

Many people who engage in abusive behavior or often highly manipulative. Please be cautions and do not:

  • Counsel an abuser to seek a mutual protection order
  • Sympathize with the abuser or reinforce harmful stereotypes that undermine victim safety or validate abusive behavior
  • Choose not to serve the protection order
  • Fail to remove all firearms when the protection order is served if it includes a firearm prohibition
  • Fail to follow up on reports of a violation
  • Deploy de-escalation tactics as often as possible to keep everyone safe

Law Enforcement Safety

Serving protection orders, particularly in domestic violence cases can be dangerous for law enforcement officers. Always consult and follow your departmental policies and threat matrices first. Also, when thinking about your own safety, please consider these other important tips.

Pre-service planning and risk assessment: Before serving a protection order, gather as much information as possible about the respondent, including their criminal history, any known weapons, previous behavior, and the location where the order will be served. Always be sure to read the petition for the protection order to get insights into the restrained person’s behavior, firearm access/possession, motivations, and any specific threats to law enforcement including threats to “suicide by cop.”

Team approach and clear communication: Whenever possible, serve protection orders with a second officer. Having backup provides additional safety and support in case the situation escalates.

Non-confrontational approach: Approach the respondent in a calm and professional manner. Use clear and respectful communication to explain the purpose of your visit and the contents of the protection order, including any requirement to relinquish firearms, dangerous weapons, or concealed pistol licenses. Any denials of firearms despite evidence in the petition or other records or refusals to relinquish them should be documented in section 6 and 7 of the Proof of Service. This is important information for the court to consider at the compliance hearing. 

Document service: Accurately document the service of the protection order, including the date, time, location, and any relevant observations or interactions. This documentation can be critical for future legal proceedings.

Training and support: Regular training on serving protection orders safely, de-escalation techniques, and self-defense can enhance officer readiness. Additionally, access to peer support and counseling can be beneficial for dealing with stressful encounters. Contact your department head or Washington State Criminal Justice Training Commission (CJTC) for more resources.

Community Impact

Protection orders have a positive impact on improving public safety. By reducing individual cases of violence and harassment, protection orders contribute to overall community safety and a reduction in crime rates and incidents of repeat violence associated with domestic violence and related offenses.

Protection orders can act as a deterrent against further abusive behavior. The legal consequences of violating an order, such as arrest or prosecution, can discourage offenders from continuing their abusive actions.

5X

Women are FIVE TIMES more likely to be murdered by an abusive partner when the abuser has access to a gun.

41%

According to the CDC, about 41% of women and 26% of men experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime and reported a related impact.

68.2%

Researchers found that in 68.2% of mass shootings from 2014-2019, the perpetrator either killed family or intimate partners or the shooter had a history of domestic violence.

More Information

For more information about protection orders, visit our Resources or FAQs.

ResourcesFAQs

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