Can I Get a Protection Order Against My Ex-Spouse?

If you are worried about your safety after a marriage ends, the short answer is yes: Washington law lets you ask a court for a protection order against a former spouse. Divorce does not close the door on that protection.

Yes, a Former Spouse Qualifies

People often assume protection orders are only for couples who are still married or still living together. That is not how Washington's law works. The state's civil protection order statute defines an "intimate partner" to include not only current spouses and domestic partners but also former spouses and former domestic partners. See RCW 7.105.010(21). Because your ex-spouse fits squarely within that definition, you are eligible to seek a domestic violence protection order against them long after the divorce is final.

This matters because the relationship you had, not the relationship you have today, is what the law looks at. Whether you separated last month or years ago, a former spouse remains an intimate partner for the purpose of a protection order. You do not lose standing simply because the marriage has legally ended.

What Counts as Domestic Violence

A domestic violence protection order is available when an intimate partner has committed domestic violence against you. Washington defines domestic violence broadly. Under RCW 7.105.010(10), it includes physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault. It also reaches nonconsensual sexual conduct, unlawful harassment, stalking, and what the law calls coercive control, which is a pattern of behavior used to cause harm and to unreasonably interfere with your free will and personal liberty.

That last category is worth pausing on, because coercive control captures conduct that is not necessarily a black eye. It can include using technology to monitor or harass you, controlling your finances or movements, isolating you from friends and family, or threatening to harm your children, pets, or reputation. If your ex-spouse's behavior fits any of these descriptions, you may have grounds for an order even without a single physical assault.

How You Ask the Court

You start the process by filing a petition for a domestic violence protection order. The petition must allege that domestic violence was committed against you by an intimate partner or a family or household member, and it must specify which of those categories applies to you and the respondent. See RCW 7.105.100(1)(a). For a former spouse, you would identify the relationship as intimate partners.

The petition is supported by a written declaration, signed under penalty of perjury, in which you describe the specific facts and events that led you to ask for protection. Dates, times, messages, and details help the court understand what has happened. If you fear that serious immediate harm could result before the other side is even notified, you can ask the court to enter a temporary protection order right away, before a full hearing. A temporary order of this kind is issued for a fixed period, generally up to fourteen days, while the court sets a full hearing. See RCW 7.105.305.

At the full hearing, both you and your ex-spouse have the chance to be heard, and the court decides whether to enter a longer-term full protection order. You can also request specific protections tailored to your situation, such as prohibiting contact, requiring the respondent to stay a set distance away, or addressing firearms.

Protecting Your Children Too

If you share children with your former spouse, you can seek protection on their behalf as well. The law allows a petitioner to request relief for himself or herself and for family or household members who are minors. See RCW 7.105.100(1)(a). When you ask for an ex parte temporary domestic violence protection order, there is a rebuttable presumption that your minor children will be included as protected parties, unless the court finds good cause not to include them. See RCW 7.105.100(8). That presumption exists to reduce the risk to children during the periods when the danger is highest.

Keep in mind that a protection order is not the place where a court sets a permanent parenting plan. Residential arrangements for children are handled through the family law case itself. A protection order can, however, provide immediate safety while those longer-term questions are worked out.

The Snohomish County Angle

If you live in Snohomish County, you would generally file in the local court, and the same statewide rules apply. What often makes these situations complicated here is that a protection order and a divorce or parenting case may be moving at the same time. The two can overlap, and decisions in one can affect the other. Coordinating them thoughtfully, so that the protection order gives you safety without creating unintended consequences in your family law case, is one area where guidance can make a real difference.

Where to Turn Next

A former marriage does not leave you without options. Washington law recognizes that the risk of harm from an ex-spouse can be just as real as it was during the relationship, which is exactly why the definition of intimate partner reaches former spouses. If you are weighing whether to seek a protection order against a former spouse, or you are trying to fit that decision into an ongoing divorce or custody matter, the Law Office of Chad Foster is here to help you understand your options and move forward with confidence. Reach out when you are ready to talk through your situation.

If you are in immediate danger, call 911.