No one ever hears a knock on the door expecting to be served with an anti-harassment protection order. But it happens more often than you might think, and people in your position feel unsure about what to do next.
An anti harassment protection order is serious, but it is not the end of the conversation. Washington law allows you to respond, present evidence, and challenge the order in court. You have a chance to clarify what happened and to defend your rights.
What Are Anti-Harassment Orders and What Do They Do?
Anti-harassment orders address behavior that creates fear or emotional distress. Unlike DVPOs, you don’t need a domestic relationship. “Harassment” under the law may include repeated acts such as:
- Sending unwanted messages
- Making threatening communications
- Following someone
- Showing up uninvited
In addition, Washington law defines “stalking” (and cyberstalking) as repeated or continuing harassment, tracking or monitoring someone after being told they do not want contact, or installing a tracking device without consent.
Stalking or cyberstalking can support an AHPO request or a criminal charge. Cyber harassment (cyberstalking) under RCW 9A.90.120 covers repeated electronic communications (such as texts, emails, or social media messages) that use obscene or threatening language, or that threaten bodily injury or property damage.
DVPOs are tied to family or household relationships, but anti-harassment orders apply to nearly anyone. This distinction matters because the court evaluates cases differently. Courts consider patterns of conduct rather than an intimate or familial context.
Your Role as a Respondent
Just because you’re served with an AHPO doesn’t automatically mean the court has officially found that you did anything wrong. The fact that a temporary order was issued does not necessarily mean that a permanent order will be issued. You have the right to present your side and challenge the petitioner’s claims. If stalking or cyberstalking allegations are included, the stakes may be higher.
Once served, the order typically includes a temporary no-contact directive. It’s essential to read the order carefully to understand what’s restricted. Violating any part of the order—including via social media, indirect contact, or tracking—can result in criminal penalties. This applies even if you believe the allegations are false or exaggerated.
Risks of Non-Response
Failing to respond or appear in court can lead to serious consequences. The court may issue a permanent order without hearing your side, which could restrict your ability to contact the petitioner, go to certain places, or even affect employment if you work with the petitioner. Permanent orders can remain in effect for up to two years. Violations can lead to misdemeanor charges.
Not responding also limits your ability to challenge inaccurate claims. For example, if the petitioner exaggerates the frequency or severity of the alleged harassment, the court may take these statements at face value. A well-prepared response gives you a chance to clarify the facts and provide context.
DIY Defense Risks
Many respondents attempt to represent themselves. They often assume that simply showing up or filing a brief response will be sufficient. Unfortunately, the process can be complicated, and mistakes may carry long-term consequences.
For instance, petitions have strict deadlines for responses. If you fail to respond, the court can enter a default order. Furthermore, presenting evidence incorrectly, such as unverified text messages or improperly formatted records, may be excluded.
A DIY approach also increases your risk of accidentally violating the order. Even indirect communications (social media posts, messages sent through others) or the use of tracking devices may count as stalking or cyberstalking. Defending against those requires careful strategy and understanding of the relevant statutes.
There are better and more persuasive ways to respond to a petition that can be addressed with the specifics of your case. These strategic approaches require detailed analysis of the allegations and careful preparation of evidence and legal arguments.
Common Defenses to AHPOs and Stalking or Cyberstalking Allegations
While each case is unique, common defenses include:
- Mistaken identity or misattribution: You might argue that you were not the person responsible for the alleged conduct.
- Consent or prior relationship context: Some respondents present evidence that their interactions were consensual or misinterpreted.
- Lack of repeated conduct: This defense shows that the alleged harassment was isolated rather than a pattern.
- Legitimate purpose: You could show that your actions were lawful or necessary, such as if you were delivering legal documents or reporting a concern.
Every defense requires careful preparation and documentation. Courts weigh your and the petitioner’s credibility, behavioral patterns, and the petitioner’s claims versus your evidence. An experienced lawyer can help you meet all legal requirements and prepare the most effective defense possible.
Settlement as an Alternative to Court
Not every anti-harassment case needs to go to a full hearing. An experienced attorney may be able to negotiate a settlement agreement with the petitioner that resolves the dispute without court involvement. In some cases, once both sides have an opportunity to communicate through legal counsel, misunderstandings can be clarified or mutually acceptable boundaries can be established. If a settlement is reached, the petitioner can request that the court dismiss the case, avoiding the time, stress, and uncertainty of a hearing. Settlement discussions require careful handling to avoid inadvertently violating the temporary order, which is why having legal representation is crucial for exploring this option.
Discuss Your AHPO Case with an Experienced Defense Attorney
Often, receiving an anti-harassment order in Seattle can feel like it’s coming out of left field, but understanding the law and your rights as a respondent gives you control over the process. The potential consequences of a non-response or a DIY defense highlight why it’s so important to work with an experienced lawyer. From documenting interactions and filing a formal response to explaining your rights and obligations, a skilled attorney can present your side of the story and protect your future.
If you’ve been served with an anti-harassment order, Jennifer Horwitz Law can help you navigate the process and respond effectively. In a paid consultation, we can address how to respond to a petition with specifics about your case. Contact us today to find out more about your defense options.