Restraining Orders

For the judge to grant the respondent’s motion to modify or terminate the protection order, the respondent must prove that there has been a substantial change in circumstances since the order was issued. The respondent must also prove that this change makes it unlikely for them to commit future acts of stalking against you or anyone else protected in the order. To decide whether or not this is true, the judge will consider the following factors:

1. whether or not the respondent has done any of the following since the protection order was issued:
   
   • committed or threatened:
     1. domestic violence;
     2. sexual assault;
     3. commercial sexual exploitation;
     4. stalking; or
     5. other harmful acts;
   • violated the protection order;
   • expressed a desire to commit suicide (suicidal ideation) or attempted suicide;
   • been convicted of a crime;
   • either:
     1. accepted responsibility for the stalking that was the basis for the protection order; or
     2. successfully completed perpetrator treatment or counseling since the protection order was entered;
   • continued abusing alcohol or drugs, if alcohol or drug abuse was a factor in the protection order;
2. the amount of time that has passed since the order was issued;
3. whether or not you agree with the respondent’s request to terminate the protection order, provided that your consent is given voluntarily and knowingly; or
4. other factors relating to a substantial change in circumstances.¹

Note: The judge cannot make this 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 stalking 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)