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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)
