Violate a Civil Protection Order

Understanding Strict Liability, Notice Requirements, and Defenses in Washington State

In Washington, civil protection orders are powerful legal tools meant to prevent harassment, domestic violence, stalking, or harm to vulnerable adults. But what if you’re accused of violating an order you didn’t know existed—or one you weren’t properly served?

This is a common and serious issue. Even unintentional violations of a valid protection order can result in criminal charges. Courts often apply strict liability, meaning a person can be prosecuted for a violation regardless of intent, as long as the order was valid and properly served.

Below, we explain how Washington handles these situations, including what must be proven for a conviction, how notice affects the case, and what defenses may be available when the respondent genuinely didn’t know they were subject to a court order.

Violation of a Civil Protection Order Is a Criminal Offense

Under RCW 7.105.450, it is a criminal offense to knowingly violate the terms of a protection order issued under Washington’s Civil Protection Order Act. Violations may include contacting the protected party, going to their home or workplace, possessing firearms, or any other conduct prohibited by the order’s terms.

Even though the underlying order is civil in nature, violating it is criminally enforceable. A first-time violation is typically charged as a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine. Subsequent violations, or those involving threats, violence, or weapons, may be charged as felonies.

Strict Liability and Intent

One of the most important aspects of these charges is the strict liability standard. In most cases, the State does not need to prove that you intended to violate the order. It is sufficient that:

  • A valid protection order existed,
  • You were properly served or had actual knowledge of the order, and
  • Your conduct violated one or more of its terms.

This means even brief or accidental contact—such as sending a message on social media, returning to a shared residence, or encountering the protected person in public—can lead to criminal charges, especially if you remain at the location after realizing the protected party is present.

What If You Were Never Served?

Despite the strict liability approach, notice is a key issue. The law requires that the respondent be personally served with the protection order or otherwise shown to have actual notice of its terms. Without proof of service or knowledge, the State may not be able to secure a conviction.

Common scenarios where this issue arises include:

  • The order was granted, but never served due to an incorrect address or failed service attempt
  • The respondent was unaware that a temporary order had been granted ex parte (without a hearing)
  • The person was served with paperwork, but the order’s terms were unclear or not attached
  • The alleged violation occurred before formal service was completed

In such cases, a strong defense may be raised based on lack of notice. The burden falls on the prosecution to prove that you had been properly served or knew of the order’s existence and terms before the alleged violation took place.

Proving Notice in Court

To secure a conviction, the State will typically present:

  • A copy of the protection order, showing that it was in effect at the time
  • Proof of service (often a return of service signed by a law enforcement officer or process server)
  • Testimony or documentation showing that the respondent had actual knowledge of the order—such as admitting they had seen it, or referencing it in text messages or social media

If the prosecution cannot show valid service or knowledge of the order, the court may dismiss the charge.

Common Defenses When Notice Is Disputed

If you’re accused of violate a civil protection order without knowing, you may be able to raise one or more of the following defenses:

Lack of Service or Notice

You were never personally served and had no actual knowledge of the order’s existence or terms.

Ambiguity in the Order

The order was vague, conflicting, or unclear about what conduct was prohibited.

Mistaken Identity
You were wrongly identified as the person who committed the alleged violation.

Incidental or Non-Volitional Contact
You encountered the protected party accidentally in a public place and took immediate steps to leave.

No Valid Order in Effect

The order had expired or was not yet in effect at the time of the alleged violation.

Courts do not excuse violations lightly, but when the facts show a genuine lack of notice or misunderstanding, these defenses can be raised to challenge the charge.

Being charged with violating a protection order—especially when you didn’t know you were subject to one—is both frightening and confusing. Because these cases involve criminal penalties, they carry long-term consequences, including a criminal record, jail time, and impact on custody, employment, and firearm rights.

An experienced criminal defense attorney can review the service records, challenge the sufficiency of notice, and assess whether the alleged conduct actually violated the order’s terms. Early intervention can make a significant difference in the outcome of your case.

Serving Clients Throughout Clark County and Southwest Washington

At the Law Office of Erin Bradley McAleer, we represent individuals accused of violate civil protection orders without knowing, including cases where service is disputed or the order was issued without a prior hearing. We work to protect your rights, challenge improper charges, and provide clear, practical advice throughout every stage of the legal process.

If you are facing a violation charge—or believe you may have been served improperly—contact our office to discuss your options and next steps. Understanding your rights now can help prevent long-term consequences later.