Restraining Orders

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 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)

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