Instructions on how to fill out the forms for Anti-Harassment
Follow these instructions carefully. Print or type all information requested in black ink.Do not write on the back of any form. If additional space is needed, use 8" x 11" sheets of white paper with straight edges and 1 inch margins.
Forms are available online.
Before you begin working on these forms read the following paragraph.
The unlawful harassment statute does not allow an order for protection from civil harassment to be issued in any action covered by the domestic violence laws (chapters 10.99 and 26.50 rcw). Domestic violence is defined as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault between family or household members; or sexual assault of one family or hoonlined member by another. "family or household members" include adults or juveniles who are spouses, former spouses, persons related by blood or marriage, persons who are presently residing together, or who have resided together in the past, and persons who have a child in comrcs regardless of whether they have been married or have lived together at any time.
If you are a victim of domestic violence, do not fill out these forms. Instead, you should fill out a set of domestic violence forms.
Anti-harassment petitions require a filing fee of $53.00 to the Benton County clerk and a separate fee of $20.00 for serving the respondent. If there is more than one respondent who are at the same address, one fee of $20.00 is sufficient.
If a respondent resides outside the state of Washington, you will need to supply the clerk's office with a mailing address for the law enforcement agency in the city and state where the respondent lives and a money order for the amount of the fee they will charge for the service.
Step 1 - Fill in the heading of each form
You are the petitioner. The person who is harassing you is the respondent.Your name and the respondent's name should be filled in the heading of each form. The adult petitioner(s) are listed on the line of petitioner.If there are minors age 14 to 18 that are being named as respondents, their parent(s) name must be listed along with the minor respondents (i.e. John Smith for and on behalf of Joe Smith and Jane Smith).
Step 2 - Petition for an order for protection (unlawful harassment)
Your request for an order for protection is initiated by the filing of a petition with the court. Provide the information requested in paragraphs 1 through 5 of the petition. Check the boxes in paragraph 2 that apply to your situation. If you are the victim of unlawful harassment and you are the parent of a child under age 18 who is in need of protection, you will check both boxes. The questions in paragraph 3 are to help the court determine whether it has jurisdiction to proceed with your petition. If neither of the boxes apply to your situation, leave them blank (you are not entitled to an anti-harassment protection order.)
Paragraph 4 asks for the names, ages, etc. Of minor children involved and their relationship to both the petitioner and respondent. If there are minors to be protected, this section must be completed in its entirety.
Paragraph 5 asks for other protection, restraining or no-contact orders involving the parties. The respondent's name and age. If there are other orders in place, you must indicate so in this section even if you do not know the case name and number.
In the next section, you may ask for the relief you need. Be sure to mark both boxes on the left-side for the relief you are seeking. Also, be sure to mark the boxes within each section pertaining to the relief you are seeking. If you fail to mark all of the boxes, you will not get the relief you are requesting. The usual restraining distance is 150 feet or 50 yards.If the respondent(s) in this matter is a minor and attend the same school as any minor petitioners, in the category of other, you must write "this order shall not prevent respondent(s) from attending school or riding the school bus, subject to such restrictions as school officials or bus drivers may impose consistent with this order".
In the statement section, you are asked to tell the court why you are requesting an order for protection. Enough information should be provided in the declaration to allow the judge or commissioner to decide whether an order for protection should minor petitioners, in the category of other, you must write "this order shall not prevent respondent(s) from attending school or riding the school bus, subject to such restrictions as school officials or bus drivers may impose consistent with this order".
In the statement section, you are asked to tell the court why you are requesting an order for protection. Enough information should be provided in the declaration to allow the judge or commissioner to decide whether an order for protection should petition for protection.
When you finish your statement, complete the certification at the bottom of page 3 of the petition by filling in the date, city and signing on the line indicated.
Step 3 - Law enforcement information & identification information form
The purpose of the law enforcement information sheet is to furnish law enforcement officials with information that will assist them in serving your papers and enforcing your order. This form is confidential and will not be served on the respondent. This form must be completed in every case.
Additional pages of the law enforcement sheet and the confidential information addendum form are to be used when there is more than one adult petitioner and/or minor children requesting protection or more than one respondent to be restrained.
The law enforcement information sheet is to provide law enforcement officials with detailed information about the respondent. It is sent to the law enforcement agency serving the order of protection on the respondent. The information contained in the form is for law enforcement and court officials use only. It will not be shown or given to the respondent.
Provide as much information as possible about the respondent. If you want law enforcement officials to serve your papers, you must list the respondent's current residential or work address. You must also have the respondent's date of birth (at least the birth year) so that law enforcement personnel may enter the information on the statewide law enforcement computer system.
The hazard information section of the law enforcement information form should be completed if you have knowledge of any weapons, explosives or other dangerous factors pertaining to the respondent. This information is for the safety of law enforcement while serving and enforcing your order for protection.
Step 4 - Temporary protection order and notice of hearing
In the first section of the temporary protection order, you must fill in the names, ages, race and sex for each minor child you have included in your petition requiring protection.
Check the box or boxes that correspond(s) with the temporary restraints you requested in the petition for an order for protection.
In the next section, check the box and write in the correct law enforcement agency (police department or sheriff). If you live within the city limits, check the police department box and write in the city. If you live outside of the city limits, check the county sheriff's department box and indicate the county. If you are unsure which law enforcement agency to fill-in, please leave blank and ask the clerk for assistance.
The next section tells the respondent to appear at the next hearing. You must also appear, or the court may not grant the relief you are requesting.
Immediately below the section directing the respondent to appear, is a sentence stating "this temporary order for protection is effective until the next hearing date, shown below the caption on page one". The clerk will provide you with the hearing date information for page 1 of the petition.
Sign the temporary order for protection in the lower left corner of page 2, on the line for the petitioner.
Step 5 - Order for protection from civil harassment
The order for protection is the document that legally restrains the respondent from further harassing you.
In paragraph 1, check the box. In paragraph 2, check the box that applies to the manner in which the respondent was served notice of the hearing (usually personal service).
Complete the balance with the same information contained in the temporary order for protection. Include the language regarding attending school if there are minors involved. Do not sign your name as petitioner at the bottom of this form.
Step 6 - What to do with the completed forms
Give your completed forms to the clerk. You will need to be present in the building while your forms are being processed. The clerk will provide you with certified copies of any orders signed by the court. If you do not plan to have a law enforcement agency serve the documents, you will need certified copies of the documents to be served on the respondent.
Step 7 - Go to your hearing
You must appear in court on your scheduled hearing date. If you do not appear at your hearing, an order for protection will not be issued. The temporary order expires on the date of the hearing. Prepare to pay another service fee of $20 to have the permanent order served on any respondent who does not appear at the hearing.
If you decide that your order for protection is no longer necessary or that its conditions should be modified, you may file a petition to modify the order. Service requirements are the same as the originating petition and orders.If, thirty days before the expiration of any order, it is deemed advisable to continue the order in full force and effect, you may apply to have a new order issued.
**At the direction of the Superior Court Judges effective Monday, February 7th, the Superior Court Judges will be extending ex-parte signature times in Benton County. Please note: Benton County Ex-Parte signature hours: 8:00 AM - 9:00 AM and 1:00 PM - 1:30 PM. **
Judges will only be available for signatures during the above specified times. All domestic violence/anti-harassment protection orders received after 1:30 PM will be reviewed at 3:30 PM or as soon thereafter is possible.