Domestic Violence Charges vs. Protection Orders – Differences You Should Know
In Washington State, the terms domestic violence charges and protection orders are often mentioned together, but they refer to two very different legal matters. While both can have life-changing consequences, they are not the same thing—and understanding the differences can help you take the right steps in protecting your rights. Keep reading to find out more and learn how our team can help if you are in need of legal counsel and guidance.
What Are Domestic Violence Charges?
Domestic violence (DV) charges are criminal charges filed by the State against a person accused of committing an act of violence, harassment, stalking, or other offense against a family member, partner, or household member. Common DV-related charges include:
Assault (such as pushing, hitting, or threatening)
Harassment or stalking
Destruction of property
Interfering with reporting domestic violence
These charges are handled in criminal court, and the prosecution—not the alleged victim—decides whether to move forward with the case. This means even if the other party does not want to press charges, the State can still pursue them.
Potential consequences of a domestic violence conviction include jail time, probation, mandatory treatment programs, fines, and the loss of firearm rights. A conviction also creates a permanent criminal record, which can affect employment, housing, and custody rights.
What Is a Protection Order?
A protection order—sometimes called a restraining order in casual terms—is a civil court order, not a criminal charge. Protection orders are placed with the intention of preventing two parties from being in contact with one another. Contact can mean physical/personal, phone, email, social media, or even through a third person. Keeping a certain distance away from another person can also be a part of the Protection Order. It’s important to know the different types to further understand your case and build a tailored defense:
Sexual Assault Protection Order
No-Contact Order
Restraining Order
Each of the above types comes with different criteria and consequences if violated. Washington State requires certain evidence that the order has actually been violated, including proof that a valid order was in place and proof that you were actually informed of the order.
Unlike criminal charges, protection orders are not decided by a prosecutor but by a judge after reviewing evidence and testimony from both sides.
Violating a protection order, however, is a criminal offense and can result in new charges being filed.
If you or someone you know has been charged with violating a Protection Order, reach out to our skilled team immediately to begin your defense.
Key Differences to Keep in Mind
Criminal vs. Civil – Domestic violence charges are criminal cases brought by the State, while protection orders are civil actions filed by an individual.
Who Starts the Case – DV charges are filed by prosecutors, but protection orders are requested by alleged victims.
Consequences – A DV conviction leads to a criminal record and potential jail time. A protection order does not create a criminal record but can still have serious consequences, such as losing access to your home or children. If violated, it can also result in new charges being filed.
Overlap – It is possible to face both at the same time. For example, someone arrested for DV assault may also have a protection order filed against them.
Why Legal Representation Matters
Because both situations can significantly affect your freedom, family life, and future, it is important to consult with an experienced criminal defense attorney if you are facing either domestic violence charges, a protection order, or both. Our skilled team can help you:
Understand your rights and options
Build a strong defense against criminal charges
Represent you at protection order hearings
Work to minimize long-term consequences
We Can Help
Domestic violence charges and protection orders are often linked but are not the same. Charges are criminal, while protection orders are civil—but both carry serious implications. Knowing the differences is the first step toward protecting yourself and preparing a legal defense.
If you are facing either situation, don’t wait. We encourage you to contact us with your legal inquiry so we can help you explore your options and answer any questions you may have. Give us a call or contact us for your free case review. We’re available 24/7 and are prepared to guide you through this process.
We are located in Everett but serve clients across King, Pierce, Snohomish, and Skagit counties, including Seattle, Bellevue, Tacoma, and Everett.