A civil protection order can turn your life upside down overnight.
You can be forced out of your home, kept away from your children, ordered to surrender firearms, and face harm to your reputation – even if the allegations are false or badly exaggerated.
This article is for people in Island, San Juan, Clallam, Jefferson, and Kitsap Counties who believe a civil protection order against them is not warranted and need to understand their options.
1. Quick Overview: How Protection Orders Work in Washington
Washington consolidated its civil protection order laws into RCW 7.105, which covers:
- Domestic Violence Protection Orders (DVPOs)
- Anti-Harassment Protection Orders (AHPOs)
- Stalking Protection Orders
- Sexual Assault Protection Orders
- Vulnerable Adult Protection Orders
- Extreme Risk Protection Orders (ERPOs, or “red flag” gun orders)
The legal standards are the same statewide, but in practice each county’s courts (and even each judge) have their own way of handling filings, exhibits, and hearings.
If you’re in Port Townsend, Port Angeles, Sequim, Oak Harbor, Camano Island, Bremerton, Bainbridge Island, Silverdale, Poulsbo, Port Orchard, or the San Juan Islands, your case will typically run through:
- County Superior Court (although sometimes District Court, depending on the underlying subject matter)
- Using standard state forms, plus any local rules or procedures
2. How False or Exaggerated Petitions for a Protection Order Happen
Most questionable petitions fall into a few familiar patterns:
- Parenting plan and custody fights
A parent seeks a protection order to gain temporary control over children or to cut off contact, when the existing family court proceeding may be the more appropriate venue. - Neighbor disputes
HOA, parking, property line, or lifestyle conflicts escalate into anti-harassment petitions – very common in communities on the peninsula (Port Townsend, Port Angeles, Sequim, Poulsbo, Bainbridge Island, Bremerton) and on the islands (Orcas Island, Camino Island, Oak Harbor) where HOAs are common. - Roommate and landlord–tenant conflicts
One side tries to use a protection order to force the other out quickly instead of going through normal landlord-tenant proceedings. - When the petitioner did not get their way in a prior or related legal proceeding
If you’re noticing a common theme in the above scenarios, that’s because there is one: people often use protection orders to try and accomplish what they could not accomplish using the appropriate legal channel. They then petition for a protection order to take a “second bite at the apple” and get their way. - Breakups and divorces
One partner uses a protection order for leverage in an ongoing or upcoming separation. These are often an attempt to seize the narrative or get the upper hand, rather than motivated by a genuine fear.
Often the conflict is real, but the story in the petition is incomplete, emotional, or simply untrue about what actually happened or how dangerous you are.
3. Why You Must Take a Temporary Order Very Seriously, Even One That is Rooted In Falsehoods
Even if you’re certain the petition is exaggerated or fabricated, a temporary protection order (TPO) is not “just a piece of paper.” It can:
- Order you to stay away from a person, home, workplace, school, or child’s daycare.
- Force you to move out of your home on very short notice.
- Immediately impact your parenting time and ability to attend children’s events.
- Require you to surrender firearms and concealed pistol licenses.
- Put you at risk of criminal charges if you’re accused of violating it.
Under RCW 7.105.450 and related provisions, violating many types of protection orders can be a gross misdemeanor, and in some situations a class C felony. Police are authorized to arrest based on probable cause of a violation, without a warrant.
So even if the allegations are false, you must obey the temporary order while you prepare your defense. Even if the petition is found to be meritless, you will be charged for violating the temporary order.
5. Defense Strategy: What To Do Immediately If Served
If you’ve been served with a protection order anywhere in Island, San Juan, Clallam, Jefferson, or Kitsap County, take these steps:
1. Do not contact the petitioner or protected parties
Even if the petition is full of lies, do not text, call, message, or go near the protected parties. Do not respond impulsively in an attempt to “set the record straight”. There will be a time and place for that: your court date.
2. Read every page carefully
Look for:
- The type of order (DVPO, anti-harassment, stalking, sexual assault, vulnerable adult, ERPO, etc.).
- Who and what is protected—people, addresses, workplaces, schools.
- Any distance or “no contact” requirements.
- The hearing date, time, and courthouse for your full hearing.
3. Calendar your hearing and logistics
- Note which county and court (e.g., Kitsap County Superior Court in Port Orchard; Clallam County Superior Court in Port Angeles; Jefferson County Superior Court in Port Townsend, Island County District Court in Oak Harbor, San Juan County Superior Court in Friday Harbor).
- Arrange time off work to attend your hearing.
- If your court permits Zoom/remote appearances, make sure you know how to log in, test your audio/video ahead of time, and treat it like an in-person hearing with respectful attire. I have witnessed multiple people appear shirtless on remote hearings. I have witnessed none receive a favorable ruling.
4. Start gathering evidence immediately
Evidence that often helps respondents in false/exaggerated cases:
- Texts, emails, DMs, social-media messages between you and the petitioner.
- Screenshots showing who initiated contact and how often.
- Call logs that show either no contact or that the petitioner repeatedly called you.
- Photos or videos that contradict the petitioner’s story.
- Receipts or GPS/location data proving you were somewhere else when something allegedly happened.
- Witnesses who can testify about what they saw – or didn’t see. Often, collecting declarations that corroborate your side of the story and discredit the petitioner’s claims are the most important element to a successful protection order defense.
5. Build a simple, clean timeline
Judges care about:
- Dates and times, not just emotions.
- Specific incidents, not vague patterns (“He’s always angry”) or layman diagnosis (“He’s a narcassist”).
- Serious or repeated conduct, not a single rude or awkward interaction.
Write out a timeline of what actually happened, in order, with references to your evidence.
6. Prepare your declaration carefully
You’ll often be allowed to file a written declaration before the hearing. Strong defense declarations:
- Focus on facts, dates, and direct quotes.
- Reference exhibits clearly (“See Exhibit A – text messages from May 3–5”).
- Explain the context of arguments or breakups without minimizing real conflict.
- Avoid insults, threats, or long emotional rants—those only help the other side.
6. Legal Theories That Often Help Respondents
Exact strategy depends on your facts, but Washington defense lawyers commonly lean on a few core arguments.
A. “Even if this were true, it doesn’t meet the legal standard.”
RCW 7.105 sets specific standards for each type of order. For example:
- Anti-harassment generally requires a course of conduct (repeated acts) that seriously alarms or harasses, serves no legitimate purpose, and would cause a reasonable person substantial distress.
- Domestic violence, stalking, and sexual assault orders usually require specific acts – threats, assaults, sexual violence, or repeated following/monitoring.
If the petition describes one heated argument, a mutual breakup, or normal neighbor conflict without threats or stalking, your lawyer may argue it doesn’t meet the statutory threshold for a protection order.
B. “The story doesn’t match the evidence.”
Some examples:
- Petition claims you “won’t stop messaging,” but texts show they kept reaching out to you.
- Petition says you “showed up uninvited,” but messages show they asked you to come over.
- Petition claims you were in Port Angeles on a certain day, but your bank records and location data put you at work in Bremerton or home on Camano Island.
In small counties like Clallam, Jefferson, Island, Kitsap, and San Juan, judges routinely see emotional, one-sided stories. Solid, organized evidence can make a big difference.
C. “There’s an obvious motive to exaggerate.”
Protection orders are sometimes misused for:
- Leverage in divorce or custody cases (discussed above)
- Gaining control of a shared home in a tight housing market.
- Damaging your employment, security clearance, gun rights, or access to your favorite crossfit gym.
Evidence of timing and motive (e.g., threats like “I’ll get a restraining order so you lose the kids”) can help the judge evaluate credibility.
Good protection order defenses are the product of calm, documented proof. If you need more time to put this together, a request for a continuance in combination with an agreement that the temporary order remain in effect for the duration of the continuance is often a helpful and necessary tool.
7. Can Petitioners Get in Trouble for False Orders?
Consequences for petitioners who exaggerate are possible but rare in most civil protection order cases. Courts are reluctant to punish people for saying they are afraid.
However, Washington law does specifically address knowingly false petitions for Extreme Risk Protection Orders (ERPOs). Under RCW 7.105.460, anyone who files an ERPO petition knowing it is materially false or with intent to harass the respondent commits a gross misdemeanor.
In real life, courts are more likely to:
- Simply deny or dismiss the petition, and
- Possibly, note concerns on the record.
It’s highly unlikely in most scenarios for a judge to refer the petitioner for prosecution. Your main protection remains a well-prepared defense that shows the order is not warranted.
8. How a Local Protection Order Defense Lawyer Can Help
A lawyer who regularly appears in Island, San Juan, Clallam, Jefferson, and Kitsap County courts can help you:
- Evaluate whether the alleged conduct actually meets the legal standard under RCW 7.105 and the associated caselaw.
- Organize your texts, screenshots, and witnesses into something a judge can follow quickly.
- Help draft focused declarations that tell your side of the story, mindful of the legal standards in the back of the judges mind as they read it.
- Advise you on risks to firearm rights, real property, and family-law issues (like parenting plans). Argue for a narrowing of the order even if it is granted to help mitigate some of the individual risks based on your circumstances.
- Explore negotiated outcomes when appropriate (for example, carefully limited agreed orders) and make sure you understand the long-term consequences.
Experienced local counsel can make a huge difference in the outcome of a protection order proceeding. As someone who has argued protection orders in front of the local judiciary, I understand their individual proclivities and tendencies. Unfortunately, I receive many calls from people after an adverse ruling has already taken place – a point at which the options are limited. Additionally, recent changes to the law have made it so that a petitioner can return to court every renewal period asking for a reissuance of the order. The reissuance will be granted unless the respondent can prove a change of circumstances. This can result in a protection order, initially granted for one year, following you for much longer than expected, possibly indefinitely.
If you’ve been served with a protection order and you believe the allegations are false or exaggerated – you don’t have to walk into court alone. Call or text 360-643-0113 to schedule a free consultation about your defense options
