How do I get an extreme risk protection order?
The steps to get an extreme risk protection order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms. When filing for an extreme risk protection order, your petition must include:
- the specific statements, actions, or facts that cause you to fear future dangerous acts by the respondent;
- the number, types, and locations of any firearms you believe to be in the respondent’s current ownership, possession, custody, or control;
- whether there are any known restraining orders issued against the respondent; and
- whether there are any pending lawsuits or court cases involving you and the respondent in the state of Washington.1
1 Wash. Code § 7.94.030(3)
How will a judge make a decision about whether or not to grant the order?
In deciding whether to grant an extreme risk protection order, a judge will consider multiple factors including evidence of whether the respondent:
- engaged in a recent act or threat of violence against himself/herself or others even if it doesn’t involve a firearm;
- has a pattern of violent acts or a pattern of threatening acts of violence within the past twelve months;
- shows behavior that presents an immediate (imminent) threat of harm to him/herself or others;
- violated a domestic violence protection order, a sexual assault protection order, a stalking protection order, a civil harassment order, a harassment no-contact order, a domestic violence no-contact order, or a domestic or family violence, harassment, sexual abuse, or stalking protection order issued in another state;
- has a previous or existing extreme risk protection order issued against him/her;
- violated a previous or existing extreme risk protection order issued against him/her;
- was convicted of a domestic violence crime;
- owns, has access to, or has the intent to possess firearms;
- unlawfully or recklessly used, displayed, or brandished a firearm;
- has a history of use, attempted use, or threatened use of physical force against another person or a history of stalking another person;
- was previously arrested for a felony offense or violent crime;
- abused controlled substances or alcohol; and
- recently obtained (bought, borrowed, stole, etc.) any firearms.1
Additionally, during the extreme risk protection order hearing, the judge must consider whether a behavioral health evaluation or drug evaluation (chemical dependency) is appropriate – and can order either one.2
1 Wash. Code § 7.94.040(3)
2 Wash. Code § 7.94.040(6)
Can I renew an extreme risk protection order?
You (the respondent’s family or household member or a law enforcement officer) can file a motion to renew the order at any time during the 105 days before the order’s expiration date. The judge will schedule a hearing on your request within 14 days. The respondent must be served with notice of your motion and have the opportunity to appear in court at the hearing to object to the renewal. The judge will consider evidence from both you and the respondent to decide whether to renew the order. If the judge finds that it is more likely than not that the requirements for issuing an extreme risk protection order continue to be met, the judge will renew the order. The renewed order will last for one year (so long as it is not terminated by the judge).1
1 Wash. Code § 7.94.080(3)
What happens if the respondent violates the order?
If the respondent violates the extreme risk protection order, s/he may be charged with a crime and may not be able to have a firearm for at least five more years after the order expires.1
1 Wash. Code § 7.94.120.