Can Protection Orders Be Issued in Divorce Cases?

Yes. If you are going through a divorce in Washington and you are worried about your safety or your children's safety, the court has more than one tool available. You can pursue a civil protection order, and you can also ask for protective relief inside the divorce case itself. Understanding how those two paths work together can help you make a stronger decision about how to protect yourself.

For related help, see protection-order help, Washington protection-order guide, and evidence guidance.

Two Different Tools, One Goal

There are two main ways to obtain court-ordered protection during a divorce. The first is a civil protection order under chapter 7.105 RCW, the same statewide system that governs domestic violence and other protection orders generally. The second is a restraining order entered within the dissolution case under RCW 26.09.060. Both are real, both are enforceable, and in many situations you can use them together rather than having to choose.

The key difference is where the order lives. A civil protection order is its own separate action, while a family law restraining order is part of the divorce file and rides along with the case. Each has advantages, and which one fits best depends on the facts.

The Civil Protection Order Path

A domestic violence protection order under chapter 7.105 RCW is available when an intimate partner or family or household member has committed domestic violence against you. A spouse or former spouse fits the definition of intimate partner, so a person in the middle of a divorce is fully eligible to seek one. See RCW 7.105.010(21). You file a petition alleging that domestic violence occurred, specify the relationship, and ask for the protections you need. See RCW 7.105.100(1)(a).

Importantly, the law says you do not have to give up this remedy just because a divorce is pending. Relief under chapter 7.105 must not be denied or delayed on the grounds that the relief is also available in another action, and the court cannot defer acting or grant you less than the full relief you are entitled to simply because there is, or could be, a family law matter between you and the other person. See RCW 7.105.105(6). A civil protection order can also be entered on an emergency basis: if serious immediate harm could result, the court may issue an ex parte temporary order pending a full hearing, generally for up to fourteen days. See RCW 7.105.305.

The Family Law Restraining Order Path

The divorce statute itself provides for protective relief. In a proceeding for dissolution of marriage or domestic partnership, legal separation, or a declaration of invalidity, either party may ask the court for a temporary restraining order or preliminary injunction providing relief proper in the circumstances. See RCW 26.09.060(1) and (2). That relief can include restraining a person from molesting or disturbing the peace of the other party or of any child, from going onto the grounds of or entering the home, workplace, or school of the other party or the child's day care or school, and from coming within a specified distance of a protected party. See RCW 26.09.060(2).

These orders carry real enforcement weight. A restraining order under this section that restrains someone from molesting or disturbing another party, or from entering protected locations, must prominently display a legend warning that violation with actual notice of its terms is a criminal offense under chapter 7.105 RCW and will subject a violator to arrest. See RCW 26.09.060(7). The court can also issue this kind of order without prior notice to the other party when it finds that irreparable injury could result if it waits until the time for responding has elapsed. See RCW 26.09.060(5).

The divorce statute even builds a bridge to the civil system. Either party may request a domestic violence protection order or an antiharassment protection order under chapter 7.105 RCW on a temporary basis within the dissolution case, with the court able to grant the relief listed in the civil statute except for residential provisions for children, which are handled under the divorce chapter. See RCW 26.09.060(3).

Which One Is Right for You

Because both tools exist, the practical question is usually which fits your situation, or whether you need both. A family law restraining order can address property and financial issues alongside personal safety, since the dissolution statute also lets the court restrain a party from disposing of assets and from removing a child from the court's jurisdiction. See RCW 26.09.060(2). A civil protection order, by contrast, is a standalone order that can outlast the divorce and is designed specifically around safety. Some people benefit from the immediate, safety-focused reach of a civil order and the case-specific control of a family law restraining order at the same time.

The Snohomish County Angle

In Snohomish County, divorces involving safety concerns are common, and the courts here handle both kinds of orders regularly. What often trips people up is coordination: an order in the civil track and an order in the divorce track need to fit together, especially where children and parenting time are involved. Getting that coordination right, so that your protections are consistent and your parenting plan is not undermined, is where thoughtful strategy pays off.

Talk Through Your Options

You are not limited to a single avenue when safety is at stake during a divorce. Washington gives you both a civil protection order under chapter 7.105 RCW and a family law restraining order under RCW 26.09.060, and often the two can work in tandem. If you would like help deciding which path, or which combination, best protects you and your children, the Law Office of Chad Foster is here to walk through it with you. Reach out whenever you are ready.

If you are in immediate danger, call 911.