In Washington State, protection orders are a vital legal measure that helps people safeguard themselves from harm. Whether it’s harassment, stalking, or violence, these orders ensure that individuals are shielded from unwanted or dangerous behavior.
A key part of this protection often involves a distance restriction, which prevents the restrained person from getting too close to the protected individual or specific places. But how does this restriction work, and what should you know if you’re involved in one of these orders? Let’s take a closer look.
At Jackman Law Firm, we’ve handled countless protection order cases over the years, helping people get the legal protection they need.
Based on our extensive experience, we understand the ins and outs of protection orders in Washington State and can break down the critical details for anyone seeking clarity on these matters.
Types of Protection Orders in Washington State
Washington State provides several types of protection orders, each designed for different situations. Here’s a quick overview of the main ones:
- Domestic Violence Protection Order (DVPO) – This order is for individuals facing violence or threats from a family or household member.
- Anti-Harassment Protection Order – If someone is causing you emotional distress without a legitimate reason, this order can offer relief.
- Stalking Protection Order – For those who are victims of stalking behavior, this order is intended to prevent further fear or disruption.
- Sexual Assault Protection Order – A tool for sexual assault survivors, helping keep their attacker at a safe distance.
- Extreme Risk Protection Order (ERPO) – This order restricts access to firearms if someone poses a danger to themselves or others.
- Vulnerable Adult Protection Order (VAPO) – Protects vulnerable adults from neglect, abuse, or financial exploitation.
- Foreign Protection Order Information (FPOI) – Recognizes protection orders issued in other jurisdictions.
- Canadian Domestic Violence Protection Order (CDVPO) – Specifically addresses domestic violence cases with Canadian-issued orders.
- Abused Child Restraining Order (ACRO) – Aims to reduce trauma for children who have experienced abuse.
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How Do Distance Restrictions Work?
When a court issues a protection order, one of the most critical aspects is the distance restriction. This restriction ensures that the restrained person stays far enough away from the protected individual to avoid potential harm.
Commonly, the court will decide that the restrained person cannot come within a certain number of feet from the protected individual. The distance can vary depending on the situation, but common restrictions range from 100 feet to 1,000 feet.
In addition to a general distance restriction, orders often list specific locations the respondent must stay away from, such as the protected person’s home, workplace, children’s school, or other places they frequent.
In 2020, Washington passed the Tiffany Hill Act, named after a Vancouver woman tragically killed by her estranged husband despite having a protection order. This law allows judges to order GPS monitoring for individuals who pose a significant risk in domestic violence cases.
Factors that Influence Distance Restrictions
So, how does a judge decide the distance that should be imposed? There are several factors that go into determining the appropriate restriction for a particular case. These include:
The severity of the Abuse or Threats
The level of danger or harm that the restrained person has caused or threatened plays a significant role in how the judge sets the distance restriction. If the abuse has been particularly violent, repeated, or involves ongoing threats, the judge is more likely to impose a stricter distance requirement.
This is done to minimize any opportunity for further harm and to give the protected person a greater sense of safety.
History Between the Parties
The relationship history between the two parties is another critical consideration. If there is a long history of abuse, harassment, or hostile encounters, the judge may feel the need to set a larger distance restriction.
Additionally, past violations of previous protection orders or restraining orders will likely result in harsher restrictions to prevent future incidents.
Living Situations and Proximity of Residences
In many cases, the judge must consider the practicalities of the living situation.
If the two parties live close to one another, the court must strike a balance between enforcing the protection order and allowing the restrained person to go about their daily life without constant risk of violating the order.
However, if the proximity of their homes creates too much potential for encounters, the judge may decide that a larger distance is necessary to prevent unwanted contact.
If both parties live too close, the judge can order the respondent to move out of a shared residence, even if they are on the lease or own the property.
Specific Needs and Vulnerabilities of the Protected Person
The court will also take into account any specific needs or vulnerabilities of the person seeking protection. This can include health issues, disabilities, or even psychological trauma that might require extra measures to ensure their safety.
Vulnerable individuals, such as the elderly, children, or people with disabilities, may require a more extensive buffer to feel secure and protected from further harm.
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Scope of Protection
Protection orders in Washington State are not limited to just the person who requested it. In many cases, the protection can extend to other people in the household or the protected person’s family. This might include:
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- Children – The order can extend to protect the protected person’s children from the restrained individual.
- Family Members – Other family members who might be in danger can also be covered.
- Specific Locations – In addition to homes and workplaces, the order can cover places like schools or daycare centers to ensure complete protection.
- Pets – The protection of pets in domestic violence protection orders.
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No-Contact Provisions
Many protection orders come with “no-contact” provisions, which go beyond just maintaining physical distance.
These provisions prohibit the restrained person from communicating with the protected individual in any way, regardless of how far apart they are.
This means that even if the restrained person is complying with the distance restrictions, they still cannot reach out or attempt to communicate with the protected person under any circumstances.
This ban covers all forms of contact, including in-person interactions, phone calls, and written communication like text messages or emails. Even indirect contact, such as attempting to relay a message through a mutual friend, family member, or third party, is strictly forbidden.
Social media interactions are also a no-go—this includes liking, commenting, or even viewing the protected person’s social media profiles.
These no-contact provisions are designed to prevent any potential emotional or psychological harm that might result from even seemingly minor interactions.
For example, a simple text message or social media comment could reopen old wounds or create fear for the protected person. This is why courts often take violations of no-contact orders very seriously, with swift and severe penalties for any breaches.
What Happens If the Restrained Person Violates the Order?
Violating a protection order in Washington State is treated very seriously. If the restrained person comes too close to the protected person or makes any form of contact, they can face mandatory arrest.
In many cases, this leads to criminal charges, fines, and even jail time.
It’s also important to note that consent is not a defense. If the protected person initiates contact, that doesn’t mean the restrained person is off the hook. The restrained individual is still legally bound to the terms of the protection order, and violating it will still result in consequences, no matter the situation.
Need Help With a Protection Order in Washington State?
Protection orders can be a powerful tool for keeping yourself safe, but they also come with responsibilities and legal consequences. Whether you need help obtaining a protection order or you’re facing one and unsure of your rights, we at Jackman Law Firm are ready to help. Our experienced team is here to guide you through the process and ensure that your rights are protected every step of the way.
If you have any questions or need assistance, don’t hesitate to reach out. Contact us (844-303-0001) today for a confidential consultation, and let us help you find the peace of mind you’re looking for.
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