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2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.230 - Judicial information system consultation.

RCW 7.105.230
Judicial information system consultation.
(1) Before ruling on an order under this chapter, the court shall consult the judicial information system to determine the criminal history, history of criminal victimization, history of being a respondent or petitioner in a protection order proceeding, or pendency of other proceedings involving the parties. The court may take judicial notice of a parallel criminal proceeding for the related conduct involving the same parties, including whether the defendant in that action waived speedy trial.
(2) Before granting an order under this chapter directing residential placement of a child or restraining or limiting a party's contact with his or her child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested.
(3) When the court proposes to consider information from the judicial information system or another criminal or civil database, the court shall: Disclose the information to each party present at the hearing; on timely request, provide each party with an opportunity to be heard; and take appropriate measures to alleviate safety concerns of the parties. The court has discretion not to disclose information that the court does not propose to consider.
[ 2021 c 215 § 30.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.235 - Compliance hearings.

RCW 7.105.235
Compliance hearings.
For compliance hearings:
(1) Only the respondent is required to appear if the court is reviewing compliance with any conditions of the order. The petitioner may appear at such hearing and provide evidence to the court regarding the respondent's compliance with the order. The petitioner may also file a declaration in response to the respondent's representation of compliance with any conditions of the order. After reviewing such a declaration by the petitioner, the court may ask the petitioner to appear at the hearing or provide additional declaration or documentation to address disputed issues.
(2) Any orders entered by the court pursuant to a compliance hearing must be served on the respondent if the respondent failed to appear at the hearing at which the court entered the orders.
(3) The court shall use its best efforts to notify the petitioner of the outcome of the compliance hearing including, but not limited to, informing the petitioner on whether the respondent is found to be out of compliance with an order to surrender and prohibit weapons. Such notice should be provided to the petitioner by electronic means if possible, but may also be made by telephone or another method that allows notification to be provided without unnecessary delay.
[ 2021 c 215 § 31.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.240 - Appointment of counsel for petitioner.

RCW 7.105.240
Appointment of counsel for petitioner.
Subject to the availability of amounts appropriated for this specific purpose, or as provided through alternative sources including, but not limited to, grants, local funding, or pro bono means, the court may appoint counsel to represent the petitioner if the respondent is represented by counsel.
[ 2021 c 215 § 32.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.245 - Interpreters.

RCW 7.105.245
Interpreters.
(1) Pursuant to chapter 2.42 RCW, in order to ensure that parties have meaningful access to the court, an interpreter shall be appointed for any party who is deaf, hard of hearing, deaf-blind, or has a speech impairment and cannot readily understand or communicate in spoken language. Notwithstanding the provisions of chapter 2.42 RCW, the court shall not:
(a) Appoint an interpreter who is not credentialed or duly qualified by the court to provide interpretation services; or
(b) Appoint a person to provide interpretation services if that person is serving as an advocate for the party.
(2) Pursuant to chapter 2.43 RCW, in order to ensure that parties have meaningful access to the court, an interpreter shall be appointed for any party who cannot readily speak or understand the English language. Notwithstanding the provisions of chapter 2.43 RCW, the court shall not:
(a) Appoint an interpreter who is not credentialed or duly qualified by the court to provide interpretation services; or
(b) Appoint a person to provide interpretation services if that person is serving as an advocate for the party.
(3) Once an interpreter has been appointed for a party, the party shall no longer be required to make further requests for the appointment of an interpreter for subsequent hearings or proceedings. The clerk shall identify the party as a person who needs interpreter services and the clerk or the court administrator shall be responsible for ensuring that an interpreter is available for every subsequent hearing.
(4) The interpreter shall interpret for the party meeting with either counsel or court staff, or both, for the purpose of preparing forms and participating in the hearing and court-ordered assessments, and the interpreter shall sight translate any orders.
(5) The same interpreter shall not serve parties on both sides of the proceeding when not on the record, nor shall the interpreter appointed by the court for the proceeding be the same interpreter appointed for any court-ordered assessments, unless the court finds good cause on the record to do so because it is not possible to obtain more than one interpreter for the proceeding, or the safety of the litigants is not compromised, or any other reasons identified by the court.
(6) Courts shall make a private space available for parties, counsel, and/or court staff and interpreters to sight translate any written documents or to meet and confer.
(7) When a hearing is conducted through telephone, video, or other electronic means, the court must make appropriate arrangements to permit interpreters to serve the parties and the court as needed.
[ 2021 c 215 § 33.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.255 - Judicial officer training.

RCW 7.105.255
Judicial officer training.
(1) To help ensure familiarity with the unique nature of protection order proceedings, and an understanding of trauma-informed practices and best practices in the use of new technologies for remote hearings, judicial officers, including persons who serve as judicial officers pro tempore, should receive evidence-based training on procedural justice, trauma-informed practices, gender-based violence dynamics, coercive control, elder abuse, juvenile sex offending, teen dating violence, domestic violence homicide prevention, and requirements and best practices for the surrender of weapons before presiding over protection order hearings. Trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve. As a method of continuous training, court commissioners, including pro tempore commissioners, shall be notified by the presiding judge or court administrator upon revision of any decision made under this chapter.
(2) Subject to funds appropriated for this specific purpose, the administrative office of the courts shall develop training for judicial officers on the topics listed in subsection (1) of this section, which must be provided free of charge to judicial officers.
[ 2023 c 462 § 202; 2022 c 268 § 15; 2021 c 215 § 35.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.300 - Application—RCW 7.105.305 through 7.105.325.

RCW 7.105.300
Application—RCW 7.105.305 through 7.105.325.
RCW 7.105.305 through 7.105.325 apply to all orders other than extreme risk protection orders.
[ 2021 c 215 § 37.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.315 - Duration of full protection orders—Other than for extreme risk protection orders.

RCW 7.105.315
Duration of full protection orders—Other than for extreme risk protection orders.
(1) When issuing an order after notice to the respondent and a hearing, the court may either grant relief for a fixed period of time or enter a permanent order of protection. Other than for antiharassment orders, the court shall not grant relief for less than one year unless the petitioner has specifically requested relief for a shorter period of time.
(2)(a) If a protection order restrains the respondent from contacting the respondent's minor children, the restraint must be for a fixed period not to exceed one year. This limitation is not applicable to protection orders issued under chapter 26.09, 26.26A, or 26.26B RCW.
(b) If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year, the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09, 26.26A, or 26.26B RCW.
[ 2021 c 215 § 40.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.320 - Law enforcement stand-by to recover possessions—Other than for extreme risk protection orders.

RCW 7.105.320
Law enforcement stand-by to recover possessions—Other than for extreme risk protection orders.
(1) When an order is issued under this chapter upon request of the petitioner, the court may order a law enforcement officer to accompany the petitioner and assist in placing the petitioner in possession of those items indicated in the order or to otherwise assist in the execution of the order of protection. The order must list all items that are to be included with sufficient specificity to make it clear which property is included. Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. Any appropriate law enforcement agency should act where assistance is needed, even if the agency is not specifically named in the order, including assisting with the recovery of firearms as ordered.
(2) Upon order of a court, a law enforcement officer shall accompany the petitioner and assist in placing the petitioner in possession of all items listed in the order and to otherwise assist in the execution of the order.
(3) When the respondent is ordered to vacate the residence or other shared property, the respondent may be permitted by the court to remove personal clothing, personal items needed during the duration of the order, and any other items specified by the court, while a law enforcement officer is present.
(4) Where orders involve surrender of firearms, dangerous weapons, and concealed pistol licenses, those items must be secured and accounted for in a manner that prioritizes safety and compliance with court orders.
[ 2022 c 268 § 18; 2021 c 215 § 41.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.325 - Entry of protection order data—Other than for extreme risk protection orders.

RCW 7.105.325
Entry of protection order data—Other than for extreme risk protection orders.
(1) The clerk of the court shall enter any protection order, including temporary protection orders, issued under this chapter into a statewide judicial information system on the same day such order is issued, if possible, but no later than the next judicial day.
(2) A copy of a protection order granted under this chapter, including temporary protection orders, must be forwarded immediately by the clerk of the court, by electronic means if possible, to the law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall immediately enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order must remain in the computer until the expiration date specified on the order. If the court has entered an order that prohibits the respondent from possessing or purchasing a firearm, the law enforcement agency shall also enter the order into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(3) The information entered into the computer-based criminal intelligence information system must include notice to law enforcement on whether the order was personally served, served by electronic means, served by publication, or served by mail.
(4) If a law enforcement agency receives a protection order for entry or service, but the order falls outside the agency's jurisdiction, the agency may enter and serve the order or may immediately forward it to the appropriate law enforcement agency for entry and service, and shall provide documentation back to the court verifying which law enforcement agency has entered and will serve the order.
[ 2021 c 215 § 42.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.330 - Temporary protection orders—Extreme risk protection orders.

RCW 7.105.330
Temporary protection orders—Extreme risk protection orders.
(1) In considering whether to issue a temporary extreme risk protection order, the court shall consider all relevant evidence, including the evidence described in RCW 7.105.215.
(2) If a court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to self or others in the near future by having in the respondent's custody or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive, a firearm, the court shall issue a temporary extreme risk protection order.
(3) A temporary extreme risk protection order must include:
(a) A statement of the grounds asserted for the order;
(b) The date and time the order was issued;
(c) The date and time the order expires;
(d) The address of the court in which any responsive pleading should be filed;
(e) The date and time of the scheduled hearing;
(f) A description of the requirements for the surrender of firearms under RCW 7.105.340; and
(g) The following statement: "To the subject of this protection order: This order is valid until the date and time noted above. You are required to surrender all firearms in your custody, control, or possession. You may not have in your custody or control, access, possess, purchase, receive, or attempt to purchase or receive, a firearm, or a concealed pistol license, while this order is in effect. You must surrender to the (insert name of local law enforcement agency) all firearms in your custody, control, or possession, and any concealed pistol license issued to you under RCW 9.41.070 immediately. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for one year. You may seek the advice of an attorney as to any matter connected with this order."
(4) A temporary extreme risk protection order issued expires upon the full hearing on the petition for an extreme risk protection order, unless reissued by the court.
(5) A temporary extreme risk protection order must be served by a law enforcement officer in the same manner as provided for in RCW 7.105.155 for service of the notice of hearing and petition, and must be served concurrently with the notice of hearing and petition.
(6) If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court's denial.
[ 2021 c 215 § 43.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.335 - Full orders—Extreme risk protection orders.

RCW 7.105.335
Full orders—Extreme risk protection orders.
(1) An extreme risk protection order issued after notice and a hearing must include:
(a) A statement of the grounds supporting the issuance of the order;
(b) The date and time the order was issued;
(c) The date and time the order expires;
(d) Whether a behavioral health evaluation of the respondent is required;
(e) The address of the court in which any responsive pleading should be filed;
(f) A description of the requirements for the surrender of firearms under RCW 7.105.340; and
(g) The following statement: "To the subject of this protection order: This order will last until the date and time noted above. If you have not done so already, you must surrender to the (insert name of local law enforcement agency) all firearms in your custody, control, or possession, and any concealed pistol license issued to you under RCW 9.41.070 immediately. You may not have in your custody or control, access, possess, purchase, receive, or attempt to purchase or receive, a firearm, or a concealed pistol license, while this order is in effect. You have the right to request one hearing to terminate this order every 12-month period that this order is in effect, starting from the date of this order and continuing through any renewals. You may seek the advice of an attorney as to any matter connected with this order."
(2) When the court issues an extreme risk protection order, the court shall inform the respondent that the respondent is entitled to request termination of the order in the manner prescribed by RCW 7.105.505. The court shall provide the respondent with a form to request a termination hearing.
[ 2021 c 215 § 44.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.345 - Firearms return and disposal—Extreme risk protection orders.

RCW 7.105.345
Firearms return and disposal—Extreme risk protection orders.
(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to this chapter shall return any surrendered firearm requested by a respondent only after confirming, through a background check, that the respondent is currently eligible to own or possess firearms under federal and state law, and after confirming with the court that the extreme risk protection order has terminated or has expired without renewal.
(2) A law enforcement agency must, if requested, provide prior notice of the return of a firearm to a respondent to family or household members and to an intimate partner of the respondent in the manner provided in RCW 9.41.340 and 9.41.345.
(3) Any firearm surrendered by a respondent pursuant to RCW 7.105.340 that remains unclaimed by the lawful owner shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody.
[ 2021 c 215 § 46.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.355 - Sealing of records—Extreme risk protection orders.

RCW 7.105.355
Sealing of records—Extreme risk protection orders.
(1) A respondent under the age of 18, or a respondent whose extreme risk protection order was based solely on threats of self-harm by the respondent, may petition the court to have the court records sealed from public view at the time of the issuance of the full order, at any time during the life of the order, or at any time after its expiration.
(2) The court shall seal the court records from public view if there are no other active protection orders against the restrained party, there are no pending violations of the order, and there is evidence of full compliance with the surrender of firearms as ordered by the extreme risk protection order.
(3) Nothing in this section changes the requirement for the order to be entered into, and maintained in, computer-based systems as required in RCW 7.105.350.
[ 2021 c 215 § 48.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.360 - Certain findings and information in orders.

RCW 7.105.360
Certain findings and information in orders.
(1) Orders issued by the court following a hearing must identify the persons who participated in the hearing and whether each person appeared in person, by telephone, by video, or by other electronic means. If the respondent appeared at the hearing, the order must identify that the respondent has knowledge of the court's order.
(2) Courts shall not accept agreed orders unless there are findings indicating whether the respondent is a credible threat to the physical safety of the protected person or child.
(3) The court shall ensure that in issuing protection orders, including, but not limited to, orders to reissue temporary protection orders and orders to renew protection orders, the court specifies whether the respondent is ordered to surrender, and prohibited from possessing, firearms and dangerous weapons.
(4) If the court issued a temporary protection order that included a temporary order to surrender and prohibit weapons, the temporary order to surrender and prohibit weapons must automatically reissue with the temporary protection order. If the court determines by a preponderance of the evidence that irreparable injury to the petitioner will not result through the modification or termination of the order to surrender and prohibit weapons as originally entered, then the court must make specific findings.
(5) If the court has information regarding any of the respondent's known aliases, that information must be included in the protection order.
[ 2021 c 215 § 49.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.362 - Temporary orders to surrender and prohibit weapons—Period for reconsideration or revision.

RCW 7.105.362
Temporary orders to surrender and prohibit weapons—Period for reconsideration or revision.
(1) The legislature recognizes the inherent volatility and danger associated with domestic violence, particularly when the court has made a finding that an ex parte order to surrender and prohibit weapons is necessary. The risk of domestic violence homicide is most acute when a victim is ending the relationship and throughout legal proceedings. The presence of a firearm in a domestic violence situation increases the risk of homicide by 11 times. The legislature acknowledges the potential for judicial or administrative error in hearings on full protection orders and the significant consequences that can result from such errors. In recognition of the potential for error, the legislature has previously established in RCW 2.24.050 that decisions of court commissioners are subject to revision and the courts have created processes for reconsideration of rulings. Therefore, in any proceeding in which the court enters a temporary protection order that includes a temporary order to surrender and prohibit weapons, and after the hearing the court denies the petition for a full protection order, the order to surrender and prohibit weapons must remain in effect until the period for a petitioner to file a motion for reconsideration or revision has passed. If a motion for reconsideration or revision is filed, the order to surrender and prohibit weapons must remain in effect until the motion for reconsideration or revision is resolved.
(2) At the hearing in which the court denies the petition for a full protection order, if the petitioner is present, the court must notify the petitioner verbally of the procedures and timelines for filing a motion for reconsideration or a motion for revision. The court must provide the petitioner with written information explaining the procedures and timelines for filing a motion for reconsideration or a motion for revision. The information must also include contact information for civil legal aid organizations that may assist the petitioner with a motion for reconsideration or a motion for revision.
(3) Subsections (1) and (2) of this section do not apply if allowing the order to surrender and prohibit weapons to remain in effect would be manifestly unjust including, but not limited to, situations where the court finds the temporary protection order was entirely without merit, the petitioner was engaged in abusive use of litigation, or the petitioner was exerting coercive control, as defined in RCW 7.105.010, over the respondent.
[ 2023 c 462 § 203.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.365 - Errors in protection orders.

RCW 7.105.365
Errors in protection orders.
After a protection order is issued, the court may correct clerical or technical errors in the order at any time. The court may correct errors either on the court's own initiative or upon notice to the court of an error. If the court corrects an error in an order, the court shall provide notice of the correction to the parties and the person who notified the court of the error, and shall provide a copy of the corrected order. The court shall direct the clerk to forward the corrected order on or before the next judicial day to the law enforcement agency specified in the order.
[ 2021 c 215 § 50.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.370 - Sealing of records—Recommendations.

RCW 7.105.370
Sealing of records—Recommendations.
The judicial information system committee's data dissemination committee shall develop recommendations on best practices for courts to consider for whether and when the sealing of records in protection order cases is appropriate or necessary under this chapter. The committee shall also consider methods to ensure compliance with the provisions of the federal violence against women act under 18 U.S.C. Sec. 2265(d)(3) that prohibit internet publication of filing or registration information of protection orders when such publication is likely to reveal the identity or location of the person protected by the order.
[ 2021 c 215 § 51.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.375 - Dismissal or suspension of criminal prosecution in exchange for protection order.

RCW 7.105.375
Dismissal or suspension of criminal prosecution in exchange for protection order.
The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. Nothing in this chapter shall be construed as encouraging that practice.
[ 2021 c 215 § 52.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.400 - Reissuance of temporary protection orders.

RCW 7.105.400
Reissuance of temporary protection orders.
(1) A temporary protection order issued under this chapter may be reissued for the following reasons:
(a) Agreement of the parties;
(b) To provide additional time to effect service of the temporary protection order on the respondent; or
(c) If the court, in writing, finds good cause to reissue the order.
(2) Any temporary orders to surrender and prohibit weapons must also be automatically reissued with the temporary protection order.
(3) To ensure that a petitioner is not delayed in receiving a hearing on a petition for a protection order, there is a rebuttable presumption that a temporary protection order should not be reissued more than once or for more than 30 days at the request of the respondent, absent agreement of the parties, good cause, or the need to provide additional time to effect service.
(4) When considering any request to stay, continue, or delay a hearing under this chapter because of the pendency of a parallel criminal investigation or prosecution of the respondent, courts shall apply a rebuttable presumption against such delay and give due recognition to the purpose of this chapter to provide victims quick and effective relief. Courts must consider on the record the following factors:
(a) The extent to which a defendant's Fifth Amendment rights are or are not implicated, given the special nature of protection order proceedings which burden a defendant's Fifth Amendment privilege substantially less than do other civil proceedings;
(b) Similarities between the civil and criminal cases;
(c) Status of the criminal case;
(d) The interests of the petitioners in proceeding expeditiously with litigation and the potential prejudice and risk to petitioners of a delay;
(e) The burden that any particular aspect of the proceeding may impose on respondents;
(f) The convenience of the court in the management of its cases and the efficient use of judicial resources;
(g) The interests of persons not parties to the civil litigation; and
(h) The interest of the public in the pending civil and criminal litigation.
(5) Courts shall not require a petitioner to complete a new confidential information form when a temporary protection order is reissued or when a full order for a fixed time period is entered, unless the petitioner indicates that the information needs to be updated or amended. The clerk shall transmit the order to the law enforcement agency identified in the order for service, along with a copy of the confidential party information form received from the respondent, if available, or the petitioner's confidential party information form to assist law enforcement in serving the order.
[ 2022 c 268 § 20; 2021 c 215 § 53.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.410 - Renewal—Extreme risk protection orders.

RCW 7.105.410
Renewal—Extreme risk protection orders.
The following provisions apply to the renewal of extreme risk protection orders.
(1) The court must notify the petitioner of the impending expiration of an extreme risk protection order. Notice must be received by the petitioner 105 calendar days before the date the order expires.
(2) An intimate partner or family or household member of a respondent, or a law enforcement agency, may by motion request a renewal of an extreme risk protection order at any time within 90 days before the expiration of the order.
(a) Upon receipt of the motion to renew, the court shall order that a hearing be held not later than 14 days from the date the order issues.
(b) In determining whether to renew an extreme risk protection order issued under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedure as provided in RCW 7.105.215.
(c) If the court finds by a preponderance of the evidence that the requirements for the issuance of an extreme risk protection order as provided in RCW 7.105.215 continue to be met, the court shall renew the order. However, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and statement of the reason for the requested renewal.
(d) The renewal of an extreme risk protection order has a duration of one year, subject to termination as provided in RCW 7.105.505 or further renewal by order of the court.
[ 2021 c 215 § 55.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.455 - Enforcement and penalties—Antiharassment protection orders.

RCW 7.105.455
Enforcement and penalties—Antiharassment protection orders.
(1) When the court issues an antiharassment protection order under this chapter, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in this section for a violation of the order unless the respondent knows of the order.
(2) A willful disobedience by a respondent age 18 years or over of any of the following provisions of an antiharassment protection order issued under this chapter is a gross misdemeanor:
(a) The restraint provisions prohibiting acts or threats of violence against, or unlawful harassment or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;
(b) A provision excluding the person from a residence, workplace, school, or day care;
(c) A provision prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle; or
(d) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent.
(3) Any respondent age 18 years or over who willfully disobeys the terms of any antiharassment protection order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter 7.21 RCW.
(4) Any respondent under the age of 18 years who willfully disobeys the terms of an antiharassment protection order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW 7.21.030(4), provided that the sanction specified in RCW 7.21.030(4) may be imposed only for willful disobedience of the provisions listed in subsection (2) of this section.
(5) A defendant arrested for violating any antiharassment protection order issued under this chapter is required to appear in person before a magistrate within one judicial day after the arrest. At the time of the appearance, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release in accordance with RCW 9A.46.050.
(6) A defendant who is charged by citation, complaint, or information with violating any antiharassment protection order issued under this chapter and not arrested shall appear in court for arraignment in accordance with RCW 9A.46.050.
(7) Appearances required under this section are mandatory and cannot be waived.
[ 2021 c 215 § 57.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.460 - Enforcement and penalties—Extreme risk protection orders—False petitions.

RCW 7.105.460
Enforcement and penalties—Extreme risk protection orders—False petitions.
(1) Any person who files a petition for an extreme risk protection order knowing the information in such petition to be materially false, or with the intent to harass the respondent, is guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, any person who has in his or her custody or control, accesses, purchases, possesses, or receives, or attempts to purchase or receive, a firearm with knowledge that he or she is prohibited from doing so by an extreme risk protection order is guilty of a gross misdemeanor, and further is prohibited from having in his or her custody or control, accessing, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm for a period of five years from the date the existing order expires.
(b) A person is guilty of a class C felony for a violation under (a) of this subsection if the person has two or more previous convictions for violating an order issued under this chapter.
[ 2022 c 268 § 22; 2021 c 215 § 58.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.465 - Enforcement and penalties—Knowledge of order.

RCW 7.105.465
Enforcement and penalties—Knowledge of order.
(1) When the court issues a protection order under this chapter, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in this chapter for a violation of the order unless the respondent knows of the order.
(2) When a law enforcement officer investigates a report of an alleged violation of a protection order issued under this chapter, the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If the law enforcement officer determines that the respondent did not, or probably did not, know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give the petitioner a receipt indicating that the petitioner's copy has been served on the respondent. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order.
(3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system.
[ 2021 c 215 § 59.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.470 - Enforcement—Prosecutor assistance.

RCW 7.105.470
Enforcement—Prosecutor assistance.
When a party alleging a violation of a protection order issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney's fee.
[ 2021 c 215 § 60.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.505 - Termination—Extreme risk protection orders.

RCW 7.105.505
Termination—Extreme risk protection orders.
This section applies to the termination of extreme risk protection orders.
(1) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued under this chapter every 12-month period that the order is in effect, starting from the date of the order and continuing through any renewals.
(2) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. The hearing must occur no sooner than 14 days and no later than 30 days from the date of service of the request upon the petitioner.
(3) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having in his or her custody or control, accessing, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm or other dangerous weapons. The court may consider any relevant evidence, including evidence of the considerations listed in RCW 7.105.215.
(4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order.
[ 2021 c 215 § 62.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.510 - Modification or termination—Vulnerable adult protection orders.

RCW 7.105.510
Modification or termination—Vulnerable adult protection orders.
This section applies to the modification or termination of vulnerable adult protection orders.
(1) Any vulnerable adult who is not subject to an order under chapter 11.130 RCW may, at any time subsequent to the entry of a permanent protection order under this chapter, file a motion to modify or terminate the protection order. Where a vulnerable adult is subject to an order under chapter 11.130 RCW, the vulnerable adult, or the vulnerable adult's guardian, conservator, or person acting on behalf of the vulnerable adult under a protective arrangement under chapter 11.130 RCW, may, if within the person's authority under the guardianship, conservatorship, or protective arrangement, file a motion to modify or terminate the protection order at any time subsequent to the entry of a permanent protection order under this chapter.
(2) In a hearing on a motion to modify or terminate the protection order, the court shall grant such relief consistent with RCW 7.105.310 as it deems necessary for the protection of the vulnerable adult, including modification or termination of the protection order.
[ 2022 c 268 § 24; 2021 c 215 § 63.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.515 - Reporting of modification or termination of order.

RCW 7.105.515
Reporting of modification or termination of order.
In any situation where a protection order issued under this chapter is modified or terminated before its expiration date, the clerk of the court shall forward on the same day a true copy of the modified order or the termination order to the law enforcement agency specified in the modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the computer-based criminal intelligence information system, or if the order is terminated, remove the order from the computer-based criminal intelligence information system.
[ 2021 c 215 § 64.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.105 - Civil Protection Orders. › 7.105.550 - Orders under this and other chapters—Enforcement and consolidation—Validity and enforcement of orders under prior chapters.

RCW 7.105.550
Orders under this and other chapters—Enforcement and consolidation—Validity and enforcement of orders under prior chapters.
(1)(a) Any order available under this chapter, other than an extreme risk protection order, may be issued in actions under chapter 13.32A, 26.09, 26.26A, or 26.26B RCW. If a protection order is issued in an action under chapter 13.32A, 26.09, 26.26A, or 26.26B RCW, the order must be issued on the forms mandated by RCW 7.105.115. An order issued in accordance with this subsection (1)(a) is fully enforceable and must be enforced under the provisions of this chapter.
(b) If a party files an action under chapter 13.32A, 26.09, 26.26A, or 26.26B RCW, an order issued previously under this chapter between the same parties may be consolidated by the court under that action and cause number. Any order issued under this chapter after consolidation must contain the original cause number and the cause number of the action under chapter 13.32A, 26.09, 26.26A, or 26.26B RCW.
(2) Nothing in chapter 215, Laws of 2021 affects the validity of protection orders issued prior to July 1, 2022, under chapter 74.34 RCW or any of the former chapters 7.90, 7.92, 7.94, 10.14, and 26.50 RCW. Protection orders entered prior to July 1, 2022, under chapter 74.34 RCW or any of the former chapters 7.90, 7.92, 7.94, 10.14, and 26.50 RCW are subject to the provisions of chapter 215, Laws of 2021 and are fully enforceable under the applicable provisions of RCW 7.105.450 through 7.105.470 and may be modified or terminated in accordance with the applicable provisions of RCW 7.105.500 through 7.105.550.
[ 2021 c 215 § 65.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.