Section 7.105.500 - [Effective Until 7/1/2025] Modification or termination-Other than extreme risk protection orders and vulnerable adult protection ordersThis section applies to modification or termination of domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders.
(1) Upon a motion with notice to all parties and after a hearing, the court may modify the terms of an existing protection order or terminate an existing order.(2) A respondent's motion to modify or terminate an existing protection order must include a declaration setting forth facts supporting the requested order for modification or termination. The nonmoving parties to the proceeding may file opposing declarations. All motions to modify or terminate shall be based on the written materials and evidence submitted to the court. The court shall set a hearing only if the court finds that adequate cause is established. If the court finds that the respondent established adequate cause, the court shall set a date for hearing the respondent's motion, which must be at least 14 days from the date the court finds adequate cause.(3) Upon the motion of a respondent, the court may not modify or terminate an existing protection order unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances such that the respondent will not resume, engage in, or attempt to engage in, the following acts against the petitioner or those persons protected by the protection order if the order is terminated or modified: (a) Acts of domestic violence, in cases involving domestic violence protection orders;(b) Physical or nonphysical contact, in cases involving sexual assault protection orders;(c) Acts of stalking, in cases involving stalking protection orders; or(d) Acts of unlawful harassment, in cases involving antiharassment protection orders. The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent.
(4) In determining whether there has been a substantial change in circumstances, the court may consider the following unweighted factors, and no inference is to be drawn from the order in which the factors are listed:(a) Whether the respondent has committed or threatened sexual assault, domestic violence, stalking, or other harmful acts against the petitioner or any other person since the protection order was entered;(b) Whether the respondent has violated the terms of the protection order and the time that has passed since the entry of the order;(c) Whether the respondent has exhibited suicidal ideation or attempts since the protection order was entered;(d) Whether the respondent has been convicted of criminal activity since the protection order was entered;(e) Whether the respondent has either acknowledged responsibility for acts of sexual assault, domestic violence, stalking, or behavior that resulted in the entry of the protection order, or successfully completed state-certified perpetrator treatment or counseling since the protection order was entered;(f) Whether the respondent has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order;(g) Whether the petitioner consents to terminating the protection order, provided that consent is given voluntarily and knowingly; or(h) Other factors relating to a substantial change in circumstances.(5) In determining whether there has been a substantial change in circumstances, the court may not base its determination on the fact that time has passed without a violation of the order.(6) Regardless of whether there is a substantial change in circumstances, the court may decline to terminate a protection order if it finds that the acts of domestic violence, sexual assault, stalking, unlawful harassment, and other harmful acts that resulted in the issuance of the protection order were of such severity that the order should not be terminated.(7) A respondent may file a motion to modify or terminate an order no more than once in every 12-month period that the order is in effect, starting from the date of the order and continuing through any renewal period.(8) If a person who is protected by a protection order has a child or adopts a child after a protection order has been issued, but before the protection order has expired, the petitioner may seek to include the new child in the order of protection on an ex parte basis if the child is already in the physical custody of the petitioner. If the restrained person is the legal or biological parent of the child, a hearing must be set and notice given to the restrained person prior to final modification of the full protection order.(9) A court may require the respondent to pay the petitioner for costs incurred in responding to a motion to modify or terminate a protection order, including reasonable attorneys' fees.Amended by 2022 c 268,§ 23, eff. 7/1/2022.Added by 2021 c 215,§ 61, eff. 7/1/2022.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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.