Renew your Protection Order
If your protection order is ending in 90 days or less, and you still need it, you can ask a judge to renew or extend it so that it protects you and/or your children for longer. (Forms and instructions)
Contents
1. Fast facts
Community organizations can help! If you’ve experienced domestic violence, harassment, stalking, or sexual assault, or the threat of any of these, get help from your local domestic violence shelter or sexual assault center. Shelters provide safety planning, temporary shelter, legal advocacy, counseling, and other services.
Visit Washington State Domestic Violence Information & Referral to search for local programs by county, or for culturally/community specific or Tribal programs.
You can call, text, or chat online with advocates 24/7 at any of these:
- National Domestic Violence Hotline, 1-800-799-7233
- National Sexual Assault Hotline, 1-800-656-4673
- StrongHearts Native Helpline (a peer support service of the National DV Hotline), 1-844-762-8483
Will I have to pay to ask to renew my protection order?
No, you don’t have to pay a filing fee. But there may be copying fees and fees for service (delivering the papers to the restrained person), if the judge doesn’t order law enforcement to serve the restrained person for you.
“Judge” here refers to judges and court commissioners.
How easy or hard is it to renew a protection order?
It’s easiest if you don’t want to make any changes to your protection order and the restrained person doesn’t respond or show up at a court hearing to fight the renewal. But even if the restrained person does try to fight the renewal, they must prove that there’s been a real change in circumstances and that they won’t abuse or harm you in the future. This can be hard for them to do.
How long can I get the protection order renewed for?
The judge can renew a protection order for one year or longer. The judge can also make a protection order permanent.
What should I put in the motion form?
Put facts such as how long it’s been since you got the protection order, if the restrained person has violated the protection order or harmed or abused anyone not protected by the order, if the restrained person has been convicted of any crime since you got the order, and if the restrained person has a continuing problem with alcohol or drug abuse. This isn’t a complete list. You can read more things to tell the judge at the state law: RCW 7.105.405(5).
Could the judge say no?
Maybe. The judge could turn down your request to renew a protection order if the restrained person proves that there’s been a real change in circumstances and they won’t abuse or harm you in the future. Under state law, there are certain reasons the judge can’t use to refuse to renew a protection order.
My protection order kept the other parent away from our children. What happens to the children if I can’t renew it?
At the renewal hearing, if the judge refuses to renew your protection order, you must follow any other court orders you have about parenting (custody and visitation). If there are no other parenting orders, then you and the other parent will have equal rights to time with the children. You may want to start a new case to get a Parenting Plan.
- Example 1: You had a Parenting Plan that gave the other parent every other weekend time with the children, but then you got a Protection Order that says all contact must be supervised. Your Protection Order is expiring, and the judge denied your motion to renew it. You must go back to following the Parenting Plan when the Protection Order expires. You may want to petition to change your parenting plan.
- Example 2: Your Protection Order is the only court order about parenting time. It says that the restrained person’s contact with the children must be supervised. Your Protection Order is expiring, and the judge denied your motion to renew it. After your Protection Order expires, there will be no rules in place about who the children live with, when they see the other parent, and which parent can make major decisions for them. You may want to get a Parenting Plan.
If it’s been a long time since the children have had contact with the other parent, you can ask the judge to consider if they should do reunification therapy with the children. You can ask the judge to put in the Denial Order if reunification therapy should happen and why. You may still have to get or change a Parenting Plan to require it. Any such therapy provider should be made aware of the other parent’s history of domestic violence and should have training and experience in the dynamics of intimate partner violence.