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.
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.105 - Civil Protection Orders.
7.105.065 - Jurisdiction—Vulnerable adult protection orders.
7.105.070 - Jurisdiction—Extreme risk protection orders.
7.105.080 - Personal jurisdiction over nonresidents.
7.105.085 - Out-of-state child custody jurisdictional issues.
7.105.100 - Filing—Types of petitions.
7.105.105 - Filing—Provisions governing all petitions.
7.105.110 - Filing—Provisions applicable to specified orders.
7.105.120 - Filing—Court clerk duties.
7.105.150 - Service—Methods of service.
7.105.155 - Service—Completion by law enforcement officer.
7.105.160 - Service—Materials.
7.105.175 - Service—Development of best practices.
7.105.200 - Hearings—Procedure.
7.105.205 - Hearings—Remote hearings.
7.105.215 - Hearings—Extreme risk protection orders.
7.105.220 - Hearings—Vulnerable adult protection orders.
7.105.225 - Grant of order, denial of order, and improper grounds.
7.105.230 - Judicial information system consultation.
7.105.235 - Compliance hearings.
7.105.240 - Appointment of counsel for petitioner.
7.105.250 - Protection order advocates and support persons.
7.105.255 - Judicial officer training.
7.105.300 - Application—RCW 7.105.305 through 7.105.325.
7.105.305 - Ex parte temporary protection orders—Other than for extreme risk protection orders.
7.105.315 - Duration of full protection orders—Other than for extreme risk protection orders.
7.105.325 - Entry of protection order data—Other than for extreme risk protection orders.
7.105.330 - Temporary protection orders—Extreme risk protection orders.
7.105.335 - Full orders—Extreme risk protection orders.
7.105.340 - Surrender of firearms—Extreme risk protection orders.
7.105.345 - Firearms return and disposal—Extreme risk protection orders.
7.105.350 - Reporting of orders—Extreme risk protection orders.
7.105.355 - Sealing of records—Extreme risk protection orders.
7.105.360 - Certain findings and information in orders.
7.105.365 - Errors in protection orders.
7.105.370 - Sealing of records—Recommendations.
7.105.375 - Dismissal or suspension of criminal prosecution in exchange for protection order.
7.105.400 - Reissuance of temporary protection orders.
7.105.405 - Renewal of protection orders—Other than extreme risk protection orders.
7.105.410 - Renewal—Extreme risk protection orders.
7.105.455 - Enforcement and penalties—Antiharassment protection orders.
7.105.460 - Enforcement and penalties—Extreme risk protection orders—False petitions.
7.105.465 - Enforcement and penalties—Knowledge of order.
7.105.470 - Enforcement—Prosecutor assistance.
7.105.505 - Termination—Extreme risk protection orders.
7.105.510 - Modification or termination—Vulnerable adult protection orders.
7.105.515 - Reporting of modification or termination of order.
7.105.555 - Judicial information system—Database.
7.105.560 - Title to real estate—Effect of chapter.
7.105.565 - Proceedings additional—Filing of criminal charges not required.
7.105.570 - Other authority retained.
7.105.580 - Protection order commissioners—Appointment authorized.
7.105.900 - Findings—2021 c 215.
7.105.902 - Recommendations on improving protection order proceedings.