Home » Get Help » Respondents

Information for Respondents

If you are served with a civil protection order, it is important to read through all of the materials you were given so you understand what the court has ordered you to do, or not do, and why. Please be aware of and plan to attend the hearing date assigned to your case to address the protection order. This will be your chance to tell the court what you would like them to know about the situation. If you have an attorney or would like to hire one, it is important to reach out to one right away.

This information is not a substitute for actual legal advice. It is basic information about protection order processes only.

What is a Protection Order?

A protection order* is a civil court order that can legally restrict someone from committing future acts of harm or threats against the person who is protected by the order. Protection orders are filed by a petitioner, the person requesting protection from harm, against a respondent, the person restrained by the order.

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

Domestic Violence Protection Order
Sexual Assault Protection Order
Stalking Protection Order
Anti-Harassment Protection Order
Vulnerable Adult Protection Order
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 orders

Protection Order Process for Respondents

As the restrained party on the order, it is important to understand what the court order is directing you to do or not do. You will have a hearing where you will have an opportunity to respond to the allegations in the petition for the protection order. Below are some general steps in the protection order process. Processes may vary by court, but generally involve the following steps:

1. Service of the order: You will be served with:

A copy of the petition for the protection order
A temporary protection order (TPO) issued by the court with a Notice of Hearing date and time (1^st page, upper right-hand side of the order)
In some cases, an Order to Surrender & Prohibit Weapons (OTSW)

2. Review the order: Carefully read the order and understand the restrictions it places on you. Violating the order can have civil or criminal consequences. Reach out to an attorney, if you want to be represented for the hearing

3. Prepare for the hearing:. You have the right to appear and be heard at the protection order hearing. The hearing is scheduled within a specific timeframe, often within 14 days of the temporary order being issued.

Gather evidence: Collect any evidence that supports your case, such as messages, emails, or witness statements.
Consider legal representation: An attorney who can help you navigate the legal process and present your case effectively.
Plan your testimony: Be prepared to provide your account of events and any evidence that supports it.

4. Attend the hearing(s) and present your case: Attending the hearing is important. It gives you the opportunity to present your case. Failing to appear may result in the court granting a full protection order against you (typically 1 year). At the hearing, both parties will have the opportunity to present their evidence and testimony. The judge will consider all information before making a decision.

5. Judge’s Ruling: The court will decide whether to grant a full protection order or deny it, based on the evidence and testimony provided during the hearing. The burden of proof is a preponderance of evidence.

6. Compliance: If a protection order is issued, make sure to comply with all requirements of the order. This is an important way to avoid other civil or criminal penalties. Violating a protection order or failing to comply with its requirements may result in other civil penalties or criminal charges. Review the Compliance section below.

7. Modification or termination: If circumstances change, you may be able to request a modification or termination of the order, but this typically requires showing a significant change in circumstances and will involve another court hearing.

Compliance

It’s important that you comply with all of the terms of the protection order and any Orders to Surrender & Prohibit Weapons that may have been issued, as noncompliance can lead to other legal consequences.

The specific penalties can vary depending on the nature of the violation, but violating a protection order can result in mandatory arrest and criminal charges for certain types of violations. You may be charged with contempt of court or other civil sanctions for other types of violations.

Attending the hearing, understanding the terms of the order/s, and following them are the best way to avoid further legal problems.

You can consult with an attorney or law clinic to understand your rights and obligations under the law and explore options for modifying or contesting the order through appropriate legal channels.

Frequently Asked Questions

Do I need an attorney?

While not required, you may prefer to have an attorney represent you. An attorney can help you navigate the legal process, prepare your response, and advocate on your behalf in court.

How long does a protection order last?

The duration of a protection order may vary. Temporary orders are usually in place for 14 days so that the respondent can be served, provided notice of a hearing, and so that the hearing can be held. But temporary orders may be continued if service has not occurred, or if one or both parties need time to prepare and the court grants a continuance. A full protection order is typically in place for one year, but can be longer in some situations.

What happens to my firearms?

If the court has issued an Order to Surrender & Prohibit Weapons as part of the temporary order, that means you are prohibited from having any firearms until the hearing is held on whether a full order should be issued. Law enforcement is required to temporarily remove all firearms when they serve you the protection order and provide you notice of the hearing, and they must verify to the court that all firearms have been safely stored by the law enforcement agency.

As the restrained person, it is your sole responsibility to prove to the court that you have fully complied with the terms of the Order to Surrender & Prohibit Weapons, including immediately relinquishing all firearms, Concealed Pistol Licenses, and deadly weapons to law enforcement, filing any necessary paperwork or receipts with the court and appearing at your compliance hearing.

They will issue you a receipt and will properly store all of your items for you for the duration of the order. If at the hearing the court does not issue a full protection order, you can contact the law enforcement agency and ask for your firearms to be returned. Or, if a full protection order is issued, you can do that once the order is no longer in effect. The firearms will be returned unless there are other firearm prohibitions in place.

Visit our FAQ page to learn more.

What do I do if I’ve been served an Extreme Risk Protection Order?

If you are a respondent to an Extreme Risk Protection Order (ERPO) in Washington State, the response needs and considerations are somewhat different from those related to other types of protection orders. An ERPO is specifically designed to temporarily restrict a person’s access to firearms if they are deemed to pose a significant risk to themselves or others. It is important to surrender all firearms and dangerous weapons to law enforcement. Learn more about ERPOs.

See all FAQs