Antiharassment

COURTHOUSE HOURS:
8AM TO 4PM

PUBLIC OFFICE HOURS:
8AM to 4PM
Closed on State Holidays

OFFICE LOCATION:
County Courthouse

MAILING ADDRESS:
350 E Delaware Ave. #6
Republic, WA  99166
Phone (509) 775-5225
...ext. 2504
Fax (509) 775-5221

email

Antiharassment Protection Orders

What is "unlawful harassment"?
 A knowing and willful "course of conduct" directed at you which seriously:

  • Alarms you
  • Annoys you, or
  • Harasses you and
  • Serves no "legitimate or lawful" purpose, and which would cause a reasonable person to suffer substantial emotional distress, and actually causes substantial emotional distress to you.
What is a "course of conduct"?
  A "course of conduct" is:

  • A series of acts
  • Over a period of time (however short)
  • With an ongoing purpose
How does the Court determine if the acts are "legitimate or lawful"?
The Court considers the following:

  • Is the respondent (the person who is harassing you) contacting you or are you contacting each other?
  • Has the respondent been clearly told that you do not want any further contact?
  • Is the respondent's behavior alarming, annoying, or harassing you?
  • Are the respondent's actions interfering with your privacy or creating an intimidating, hostile, or offensive living environment for you?
  • Has the respondent's contact with you been previously limited by a court order?
What is an order for Antiharassment?
An Antiharassment order is a special type of restraining order which is available only to victims of harassment. It is a civil order of the Court telling the person who harassed you not to bother you again. The police are notified of your Antiharassment order. The order is fully enforceable in any county in Washington.
An Antiharassment order can:

  • Restrain the respondent from contacting you.
  • Restrain the respondent from keeping you under surveillance.
  • Require the respondent to stay a stated distance away from your home or workplace.
Do I need a lawyer to get an order for Antiharassment?
No. The law has been designed so you can get an order for Antiharassment without a lawyer by filling out the forms yourself. Because you are seeking an order of the Court without the help of an attorney, you will have the paperwork and legwork to do. It is not unusual for this to take several hours.
May I obtain emergency protection?
If you are in immediate danger, you may request a temporary order for Antiharassment prior to your full hearing in two weeks. Ask for and fill out the forms for a temporary Antiharassment order.

Almost without exception, if you file your request early in the day, you will have a determination from the judge on the same day. You may need to explain why you need immediate protection. You must show reasonable proof of unlawful harassment by the respondent and that great or irreparable harm will be the result if the temporary Antiharassment protection order is not granted. The judge can grant you a temporary order which must be served on the respondent, along with the notice of the hearing for the one year Antiharassment order.

The temporary order will expire on the date of the hearing for the one year Antiharassment order. You must attend the full hearing to extend your temporary order for Antiharassment.
How do I obtain an order for Antiharassment?
You can get the forms free at the Ferry County District Court Office, located on the third level of the courthouse. You need to fill out the forms as completely as possible, giving the Court written information about what has happened and why you need the court order. The clerk is not allowed to give legal advice. If you feel you need it, please contact an attorney.

After you have completed your forms, you then will return them to the clerk.

The respondent must be served with the papers you have filed along with the notice of the hearing. Service is very important and must occur before you can get your one-year Antiharassment order. You may have law enforcement serve the respondent with these papers.

A full Antiharassment order hearing date will be set before a judge. This hearing will be held within two weeks. At this hearing both parties are given an opportunity to address the Court.

At the full Antiharassment hearing, the Court will decide whether to sign your order and may make some changes. The order for Antiharassment will generally last for a maximum of one year, but it could last longer if necessary.
How much will it cost?
The filing fee is $73.00. There may also be a charge for having copies delivered (served on) the respondent. If you cannot afford the fees, the Court may allow you to go ahead without paying. Ask for and complete the form requesting fee waiver.
What if the person harassing me is a minor?
The District Court must transfer the proceeding to the Superior Court when the respondent is under 18 years of age.
What happens if the order is violated?
Any willful disobedience of the Antiharassment order by the respondent shall subject the respondent to criminal penalties and the respondent may also be found in contempt of court.