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Legal Information: Washington

Restraining Orders

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Updated: 
December 15, 2023

Who can file for an extreme risk protection order?

To file for an extreme risk protection order, you must be:

  1. the respondent’s intimate partner, which includes:
    • current or former spouses or domestic partners;
    • parents to the same child regardless of whether you were married to the respondent or lived with the respondent at any time, unless the child was conceived through sexual assault; or
    • dating partners as long as both of you are at least 13 years old;1
  2. family or household member, which includes people who are:
    • related by blood, marriage, domestic partnership, or adoption;
    • living together, or have lived together;
    • in a biological or legal parent-child relationship, including step-parents and step-children and grandparents and grandchildren, or a parent’s intimate partner and children; or
    • in a legal guardian relationship – in other words, where you are or were the respondent’s legal guardian;2 or
  3. a law enforcement officer or agency.3 

If a law enforcement agency files a petition for an extreme risk protection order against a respondent who is your intimate partner or family or household member, the agency is required to try to notify you and any other third party known to be at risk for violence.4 

1 R.C.W. § 7.105.010(20)
2 R.C.W. § 7.105.010(13)
3 R.C.W. § 7.105.100(1)(e)
4 R.C.W. § 7.105.110(2)(a)

In which court is an extreme risk protection order filed?

The petitioner would usually file for an extreme risk protection order in superior court. A temporary order can be requested in district court but then the case will be transferred to superior court for the full hearing. The juvenile court can hear an extreme risk protection order proceeding if the respondent is under 18 years old.1 

The steps to get an extreme risk protection order are similar to the steps to get a domestic violence protection order, but with different forms. When filing for an extreme risk protection order, the petition must include:

  • the specific statements, actions, or facts that cause the petitioner to fear future dangerous acts by the respondent; and
  • the number, types, and locations of any firearms the petitioner believes to be in the respondent’s current ownership, possession, custody, or control or that the respondent has access to.2

1 R.C.W. § 7.105.070
2 R.C.W. § 7.105.100(1)(e)

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 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)

Can an extreme risk protection order be renewed?

The court is required to notify the petitioner 105 calendar days before an order expires. The petitioner can file a motion to renew the order at any time during the 90 days before the order’s expiration date. The judge will schedule a hearing within 14 days. The respondent must be served with notice of the motion and have the opportunity to appear in court at the hearing to object to the renewal. The judge will consider evidence from both the petitioner and the respondent to decide whether to renew the order. If the judge finds 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. An extreme risk protection order can be renewed multiple times.1

1 R.C.W. § 7.105.410

What happens if the respondent violates the order?

It is a gross misdemeanor for the respondent to violate an extreme risk protection order by having a firearm or attempting to get one. In addition to possible jail time or other punishment issued by the judge, s/he would be prohibited from having a firearm for five more years after the order expires. If the respondent violates the order three or more times, it would be considered a class C felony.1

1 R.C.W. § 7.105.460

Can the respondent terminate the order?

The respondent can file a written request to end (terminate) the extreme risk protection order once every 12 months. The date for a termination hearing will be scheduled between 14 and 30 days after the petitioner has been served with the respondent’s request. In order to succeed, the respondent must show that s/he no longer poses any danger to him/herself or anyone else as a result of having a firearm.1

If an extreme risk protection order is terminated by the court, or if it expires without being renewed, law enforcement will return any surrendered firearms to the respondent only after doing a background check to confirm that the respondent is eligible to own or possess firearms under both state and federal law.2 As an intimate partner or family or household member of the respondent, you can ask the law enforcement agency to give you notice prior to the return of any firearms.3 This notification can be done by telephone, email, text message, or another method that allows notification without unnecessary delay, and law enforcement must wait at least five business days after you are notified before returning the firearms.4

1 R.C.W. § 7.105.505
2 R.C.W. § 7.105.345(1)
3 R.C.W. § 7.105.345(2)
4 R.C.W. §§ 9.41.340(1)(b); 9.41.345(3)