Restraining Orders

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 him/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, sexual assault protection order, stalking protection order, civil harassment order, harassment no-contact order, domestic violence no-contact order issued in Washington or 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 or a hate 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;
• was previously arrested for a felony offense or violent crime;
• abused drugs (controlled substances) or alcohol; and
• recently bought, borrowed, stole, or otherwise obtained a firearm.¹

Additionally, during the extreme risk protection order hearing, the judge must consider whether ordering a behavioral health evaluation is appropriate.²

¹ R.C.W. § 7.105.215(3)
² R.C.W. § 7.105.215(2)