Restraining Orders

If the abuser files a motion to modify or terminate a domestic violence protection order, s/he must include facts and circumstances explaining the request for changing or ending the order in what is called a “declaration.” You will then have the option to file a response, known as an “opposing declaration.”¹ You must be personally served with the respondent’s motion and declaration at least five days before the hearing.² The judge will read both declarations and decide if there is enough of a reason (adequate cause) to schedule a hearing. If the judge decides that there is adequate cause, the judge will hold a hearing during which both sides will present evidence and testimony.¹

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued, which makes it unlikely that the respondent would commit future acts of domestic violence against you or anyone else protected in the order.³ If the judge decides there is no adequate cause, the judge will dismiss the respondent’s motion and will deny his/her request.¹

The respondent is not allowed to file this type of motion more than once every 12 months.⁴

It is important to know that for either a request to modify or terminate, you do not have to prove that you have a current, reasonable fear of immediate harm by the respondent to keep the order.³ For more information, see What factors will a judge consider when deciding whether or not to terminate my full protection order? 

¹ R.C.W. § 7.105.500(2)
² R.C.W. § 7.105.165(1)
³ R.C.W. § 7.105.500(3)
⁴ R.C.W. § 7.105.500(7)