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

Note: The judge cannot make his/her 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 domestic violence 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)