What factors will a judge consider when deciding whether or not to terminate my full protection order?
The judge will consider the following factors when considering if there has been a substantial change in circumstances that would make it unlikely that the respondent would commit future acts of harassment:
- whether or not the abuser has done any of the following:
- committed or threatened domestic violence, sexual assault, stalking, or other harmful acts since the protection order was entered;
- violated the protection order , and the time that has passed since the order was entered;
- expressed a desire to commit suicide or has attempted suicide since the protection order was entered;
- been convicted of a crime since the protection order was entered;
- either accepted responsibility for the acts that are the basis for the protection order, or successfully completed perpetrator treatment or counseling since the protection order was entered;
- is abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
- whether or not you agree with the abuser’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
- other factors relating to a substantial change in circumstances.1
Note: The judge cannot make his/her decision based only on the fact that time has passed without a violation of the order.2 Also, even if the abuser proves that there has been a substantial change in circumstances, the judge can still deny the request to terminate the order if the unlawful harassment that caused you to get the protection order was so severe that the judge believes that the order should not be terminated.3
1 R.C.W. § 7.105.500(4)
2 R.C.W. § 7.105.500(5)
3 R.C.W. § 7.105.500(6)