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Civil Protection Orders

Please read Understanding Washington State Protection Orders & How They Can Help You at this link: WA State Protection Order Info

Washington State law allows a person (called the Petitioner) to file a civil case asking the court to grant an order to protect them from another person (called the Respondent) whose behavior is abusive, threatening, exploitative, or harassing. Washington State law on civil protection orders can be found here:?RCW 7.105.

A single petition is used when filing for a protection order that includes the following types of requests:

  • domestic violence protection order
  • anti-harassment protection order
  • sexual assault protection order
  • stalking protection order
  • vulnerable adult protection order

A separate petition is used for extreme risk protection orders – which are primarily filed by law enforcement but can be filed by an intimate partner, family, or household member. An extreme risk protection order does not protect an individual but rather protects society. 

Petitioners choose which type of protection order is most appropriate for them to file. However, protection orders do not cover everyone’s needs; there may be other legal remedies that are appropriate. 

  • Domestic Violence: The petition for a domestic violence protection order must allege the existence of domestic violence committed against the petitioner or family or household members who are minors or vulnerable adults. The petition must specify whether the petitioner or the respondent are intimate partners, family, or household members. 
  • Anti-Harassment: The petition for an anti-harassment protection order must allege the existence of unlawful harassment committed against the petitioner by the respondent. The petitioner may file on behalf of themselves, a minor child where the petitioner is the parent, legal guardian, or custodian, a vulnerable adult where the petitioner is an interested party, or any other adult for whom the petitioner demonstrates to the Court’s satisfaction that the petitioner is interested in the adult’s well-being, the Court’s intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility. 
  • Sexual Assault: The petition for a sexual assault protection order must allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration that was committed against the petitioner by the respondent. The petition can be filed on behalf of themselves, a minor child where the petitioner is the parent, legal guardian, or custodian, a vulnerable adult where the petitioner is an interested party, or any other adult for whom the petitioner demonstrates to the Court’s satisfaction that the petitioner is interested in the adult’s well-being, the Court’s intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility.  
  • Vulnerable Adult: The petition for vulnerable adult protection order must allege that the petitioner, or person on whose behalf the petition is brought, is a vulnerable adult who has been abandoned, abused, financially exploited, or neglected, or has been threatened with abandonment, abuse, financial exploitation, or neglect by the respondent. 
  • Stalking: The petition for a stalking protection order must allege the existence of stalking committed against the petitioner by the respondent. The petitioner may petition for a stalking protection order on behalf of themselves, a minor child where the petitioner is the parent, legal guardian, or custodian, a vulnerable adult where the petitioner is an interested party, or any other adult for whom the petitioner demonstrates to the Court’s satisfaction that the petitioner is interested in the adult’s well-being, the Court’s intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility.  

Costs:

  • There is no fee for forms, filing documents, or for certified copies when asking for a Domestic Violence, Sexual Assault, Vulnerable Adult, Stalking, or Extreme Risk Protection Order.
  • There is no fee required for service of documents on the Respondent if the court orders that service be completed by law enforcement.
  • A $53.00 filing fee may apply in Anti-Harassment cases unless harassment is:
    • Stalking (as defined in RCW 9A.46.110)
    • A hate crime (under RCW 9A.36.080(1)(c))
    • A single act of violence or threat of violence (under RCW 7.105.010(35)(b)) OR
    • From a person who has engaged in nonconsensual sex that constitutes a sex offense (as defined in RCW 9A.44.128)

Requesting a Civil Protection Order

Forms can be picked up in the clerk’s office during office hours or they can be downloaded and printed (single-sided) from two websites:

1) Washington State Courts: RCW 7.105 Protection Order Forms
Forms needed to request a NEW immediate civil protection order:
Petition for Protection Order (PO 001)
Law Enforcement and Confidential Information (LECIF)
Temporary Protection Order and Hearing Notice (PO 030)

2) Washington Law Help, Interactive Forms: File for a Protection Order
You take an online interview, and the answers will populate into the state pattern forms. You would then be able to download, print, and sign the documents, then submit them to the Clerk’s Office.

How to submit your completed protection order paperwork:

Protection order paperwork can be submitted in person (during office hours), by mail, or electronically.

  • In person during office hours (9:00 – 4:00 on weekdays excluding holidays):
    Lincoln County Clerk
    450 Logan Street, 2nd Floor
    Davenport, WA 99122

  • Mail:
    Lincoln County Clerk
    PO Box 68
    Davenport, WA 99122

  • Electronic submission:
    • Petition for a Protection Order packet is the only time we can accept a filing electronically.
    • Protection Order documents submitted electronically must be in PDF format, 8.5 x 11 inches, portrait orientation, and not contain embedded videos.
    • To submit the Protection Order paperwork electronically, click on the link:? Protection Order. This will open a form with the following form fields: Full Name (required), Email (required), Phone# (required), Firm Name (optional), Document Description (optional).? The Date field is automatically populated.? After filling out the form fields, click on ?Attach Protection Order/Packet? to upload one or multiple documents (required).? When ready, click ?Submit.”
    • After you e-submit, please call our office at (509) 725-1401 or email us at eclerk@co.lincoln.wa.us to make sure nothing else is needed from you to proceed with your protection order request.

Community Resources:

Rural Resources
1-844-509-SAFE
Lincoln County office: (509) 684-3796
website: Rural Resources ? Community Action

Legal Assistance Program for eligible low-income individuals/families:
CLEAR (through Northwest Justice Project)
1-888-201-1014 (weekdays 9:15 am – 12:15 pm)

Seniors (60+) can also call CLEAR*Sr at 1-888-387-7111
website: Get Legal Help | Northwest Justice Project (nwjustice.org)

Other Helpful Links:

Civil Protection Orders: How to Present Your Evidence (WA State Courts)

Civil Protection Order Chart (WA State Courts)

Domestic Violence Protection Order Tip Sheet (WA State Courts)