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Legal Information: Washington

Restraining Orders

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Updated: 
December 3, 2020

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: ex parte extreme risk protection orders and extreme risk protection orders issued after a hearing.

Ex parte extreme risk protection orders: The judge will issue an ex parte extreme risk protection restraining order if s/he finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to himself/herself or others in the near future by having, purchasing, possessing, or receiving a firearm.1 The respondent does not need to be in the courtroom or have notice of the case for you to get an ex parte order. You may just have to swear to the truth of your statements in court. An ex parte extreme risk protection order lasts for up to 14 days until the next court hearing.2

Extreme risk protection orders issued after hearing: A longer-term extreme risk protection order can be issued after the respondent receives notice and has the opportunity to be present for a hearing in court. At the hearing, the judge will decide if the respondent poses a significant danger of causing personal injury to himself/herself or others by having, purchasing, possessing, or receiving a firearm. An extreme risk protection order issued after a hearing will last for a period of one year.3

Note: The respondent can request a hearing to end the extreme risk protection order once every 12 months.4 A petitioner can also request to renew an extreme risk protection order. One hundred and five days before the order is set to expire, the court must notify the petitioner of the impending expiration.5

1 Wash. Code § 7.94.050(3)
2 Wash. Code § 7.94.050(5)
3 Wash. Code § 7.94.040(d)(2)
4 Wash. Code § 7.94.040(7)(g)
5 Wash. Code § 7.94.080(2)