Judicial orders

AN ACT Relating to ensuring the efficacy of judicial orders as 1
harm reduction tools that increase the safety of survivors of abuse 2
and support law enforcement in their efforts to enforce the law; 3
amending RCW 7.105.105, 7.105.405, 7.105.500, and 9.41.040; and 4
reenacting and amending RCW 7.105.310. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 7.105.105 and 2022 c 268 s 6 are each amended to 7
read as follows: 8
The following apply to all petitions for protection orders under 9
this chapter. 10
(1)(a) ((By January 1, 2023, county )) County clerks on behalf of 11
all superior courts and, by January 1, 2026, all courts of limited 12
jurisdiction, must permit petitions for protection orders and all 13
other filings in connection with the petition to be submitted as 14
preferred by the petitioner either: (i) In person; (ii) remotely 15
through an electronic submission process; or (iii) by mail for 16
persons who are incarcerated or who are otherwise unable to file in 17
person or remotely through an electronic system. The court or clerk 18
must make available electronically to judicial officers any 19
protection orders filed within the state. Judicial officers may not 20
be charged for access to such documents. The electronic submission 21
S-0445.2
SENATE BILL 5202
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Cortes, Dhingra, and Hasegawa
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5202
system must allow for petitions for protection orders and supportive 1
documents to be submitted at any time of the day. When a petition and 2
supporting documents for a protection order are submitted to the 3
clerk after business hours, they must be processed as soon as 4
possible on the next judicial day. Petitioners and respondents should 5
not incur additional charges for electronic submission for petitions 6
and documents filed pursuant to this section. 7
(b) ((By January 1, 2023, all )) All superior courts' systems and, 8
by January 1, 2026, all limited jurisdiction courts' systems, should 9
allow for the petitioner to electronically track the progress of the 10
petition for a protection order. Notification may be provided by text 11
messaging or email, and should provide reminders of court appearances 12
and alert the petitioner when the following occur: (i) The petition 13
has been processed and is under review by a judicial officer; (ii) 14
the order has been signed; (iii) the order has been transmitted to 15
law enforcement for entry into the Washington crime information 16
center system; (iv) proof of service upon the respondent has been 17
filed with the court or clerk; (v) a receipt for the surrender of 18
firearms has been filed with the court or clerk; and (vi) the 19
respondent has filed a motion for the release of surrendered 20
firearms. Respondents, once served, should be able to sign up for 21
similar electronic notification. Petitioners and respondents should 22
not be charged for electronic notification. 23
(2) The petition must be accompanied by a confidential document 24
to be used by ((the)) courts ((and)), law enforcement , and 25
prosecutors' offices to fully identify the parties ((and)); serve the 26
respondent; enable notification of victims or protected persons; or 27
otherwise fulfill the identification, service, enforcement, and 28
notification requirements of chapter 9.41 or 2.56 RCW or this 29
chapter. This record will be exempt from public disclosure at all 30
times, and restricted access to this form is governed by general rule 31
22 provisions governing access to the confidential information form. 32
If the confidential information form is wrongfully disclosed, the 33
court shall seal and issue a protective order on the court's own 34
initiative, or upon notice of the disclosure. The petitioner is 35
required to fill out the confidential party information form to the 36
petitioner's fullest ability. The respondent should be provided a 37
blank confidential party information form at the time of service, and 38
when the respondent first appears, the respondent must confirm with 39
the court the respondent's identifying and current contact 40
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information, including electronic means of contact, and file this 1
with the court. 2
(3) A petition must be accompanied by a declaration signed under 3
penalty of perjury stating the specific facts and circumstances for 4
which relief is sought. Parties, attorneys, and witnesses may 5
electronically sign sworn statements in all filings.6
(4) The petitioner and the respondent must disclose the existence 7
of any other litigation or of any other restraining, protection, or 8
no-contact orders between the parties, to the extent that such 9
information is known by the petitioner and the respondent. To the 10
extent possible, the court shall take judicial notice of any existing 11
restraining, protection, or no-contact orders between the parties 12
before entering a protection order. The court shall not include 13
provisions in a protection order that would allow the respondent to 14
engage in conduct that is prohibited by another restraining, 15
protection, or no-contact order between the parties that was entered 16
in a different proceeding. The obligation to disclose the existence 17
of any other litigation includes, but is not limited to, the 18
existence of any other litigation concerning the custody or 19
residential placement of a child of the parties as set forth in RCW 20
26.27.281. The court administrator shall verify for the court the 21
terms of any existing protection order governing the parties.22
(5) The petition may be made regardless of whether or not there 23
is a pending lawsuit, complaint, petition, or other action between 24
the parties, except in cases where the court has realigned the 25
parties in accordance with RCW 7.105.210. 26
(6) Relief under this chapter must not be denied or delayed on 27
the grounds that the relief is available in another action. The court 28
shall not defer acting on a petition for a protection order nor grant 29
a petitioner less than the full relief that the petitioner is 30
otherwise entitled to under this chapter because there is, or could 31
be, another proceeding involving the parties including, but not 32
limited to, any potential or pending family law matter or criminal 33
matter. 34
(7) A person's right to petition for relief under this chapter is 35
not affected by the person leaving his or her residence or household.36
(8) A petitioner is not required to post a bond to obtain relief 37
in any proceeding for a protection order. 38
(9)(a) No fees for service of process may be charged by a court 39
or any public agency to petitioners seeking relief under this 40
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chapter. Except as provided in (b) of this subsection, courts may not 1
charge petitioners any fees or surcharges the payment of which is a 2
condition precedent to the petitioner's ability to secure access to 3
relief under this chapter. Petitioners shall be provided the 4
necessary number of certified copies, forms, and instructional 5
brochures free of charge, including a copy of the service packet that 6
consists of all documents that are being served on the respondent. A 7
respondent who is served electronically with a protection order shall 8
be provided a certified copy of the order free of charge upon 9
request. 10
(b) A filing fee may be charged for a petition for an 11
antiharassment protection order except as follows:12
(i) No filing fee may be charged to a petitioner seeking an 13
antiharassment protection order against a person who has engaged in 14
acts of stalking as defined in RCW 9A.46.110, a hate crime under RCW 15
9A.36.080(1)(c), or a single act of violence or threat of violence 16
under RCW 7.105.010(((36))) (37)(b), or from a person who has engaged 17
in nonconsensual sexual conduct or penetration or conduct that would 18
constitute a sex offense as defined in RCW 9A.44.128, or from a 19
person who is a family or household member or intimate partner who 20
has engaged in conduct that would constitute domestic violence; and21
(ii) The court shall waive the filing fee if the court determines 22
the petitioner is not able to pay the costs of filing.23
(10) If the petition states that disclosure of the petitioner's 24
address or other identifying location information would risk harm to 25
the petitioner or any member of the petitioner's family or household, 26
that address may be omitted from all documents filed with the court. 27
If the petitioner has not disclosed an address under this subsection, 28
the petitioner shall designate an alternative address or email 29
address at which the respondent may serve the petitioner.30
(11) Subject to the availability of amounts appropriated for this 31
specific purpose, or as provided through alternative sources 32
including, but not limited to, grants, local funding, or pro bono 33
means, if the court deems it necessary, the court may appoint a 34
guardian ad litem for a petitioner or a respondent who is under 18 35
years of age and who is not represented by counsel. If a guardian ad 36
litem is appointed by the court for either or both parties, neither 37
the petitioner nor the respondent shall be required by the court to 38
pay any costs associated with the appointment. 39
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(12) If a petitioner has requested an ex parte temporary 1
protection order, because these are often emergent situations, the 2
court shall prioritize review, either entering an order without a 3
hearing or scheduling and holding an ex parte hearing in person, by 4
telephone, by video, or by other electronic means on the day the 5
petition is filed if possible. Otherwise, it must be heard no later 6
than the following judicial day. The clerk shall ensure that the 7
request for an ex parte temporary protection order is presented 8
timely to a judicial officer, and signed orders will be returned 9
promptly to the clerk for entry and to the petitioner as specified in 10
this section. 11
(13) Courts shall not require a petitioner to file duplicative 12
forms. 13
(14) The Indian child welfare act applies in the following 14
manner. 15
(a) In a proceeding under this chapter where the petitioner seeks 16
to protect a minor and the petitioner is not the minor's parent as 17
defined by RCW 13.38.040, the petition must contain a statement 18
alleging whether the minor is or may be an Indian child as defined in 19
RCW 13.38.040. If the minor is an Indian child, chapter 13.38 RCW and 20
the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., 21
shall apply. A party should allege in the petition if these laws have 22
been satisfied in a prior proceeding and identify the proceeding.23
(b) Every order entered in any proceeding under this chapter 24
where the petitioner is not a parent of the minor or minors protected 25
by the order must contain a finding that the federal Indian child 26
welfare act or chapter 13.38 RCW does or does not apply, or if there 27
is insufficient information to make a determination, the court must 28
make a finding that a determination must be made before a full 29
protection order may be entered. If there is reason to know the child 30
is an Indian child, but the court does not have sufficient evidence 31
to determine that the child is or is not an Indian child, 25 C.F.R. 32
Sec. 23.107 (b) applies. Where there is a finding that the federal 33
Indian child welfare act or chapter 13.38 RCW does apply, the order 34
must also contain a finding that all notice, evidentiary 35
requirements, and placement preferences under the federal Indian 36
child welfare act and chapter 13.38 RCW have been satisfied, or a 37
finding that removal or placement of the child is necessary to 38
prevent imminent physical damage or harm to the child pursuant to 25 39
U.S.C. Sec. 1922 and RCW 13.38.140. Where there is a finding that the 40
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federal Indian child welfare act or chapter 13.38 RCW does not apply, 1
the order must also contain a finding as to why there is no reason to 2
know the child may be an Indian child. 3
Sec. 2. RCW 7.105.310 and 2022 c 268 s 17 and 2022 c 231 s 9 are 4
each reenacted and amended to read as follows: 5
(1) In issuing any type of protection order, other than an ex 6
parte temporary antiharassment protection order as limited by 7
subsection (2) of this section, and other than an extreme risk 8
protection order, the court shall have broad discretion to grant such 9
relief as the court deems proper, including an order that provides 10
relief as follows: 11
(a) Restrain the respondent from committing any of the following 12
acts against the petitioner and other persons protected by the order: 13
Domestic violence; nonconsensual sexual conduct or nonconsensual 14
sexual penetration; sexual abuse; stalking; acts of abandonment, 15
abuse, neglect, or financial exploitation against a vulnerable adult; 16
and unlawful harassment; 17
(b) Restrain the respondent from making any attempts to have 18
contact, including nonphysical contact, with the petitioner or the 19
petitioner's family or household members who are minors or other 20
members of the petitioner's household, either directly, indirectly, 21
or through third parties regardless of whether those third parties 22
know of the order; 23
(c) Exclude the respondent from the residence that the parties 24
share; 25
(d) Exclude the respondent from the residence, workplace, or 26
school of the petitioner; or from the day care or school of a minor 27
child; 28
(e) Restrain the respondent from knowingly coming within, or 29
knowingly remaining within, a specified distance from a specified 30
location including, but not limited to, a residence, school, day 31
care, workplace, the protected party's person, and the protected 32
party's vehicle. The specified distance shall presumptively be at 33
least 1,000 feet, unless the court for good cause finds that a 34
shorter specified distance is appropriate; 35
(f) If the parties have children in common, make residential 36
provisions with regard to their minor children on the same basis as 37
is provided in chapter 26.09 RCW. However, parenting plans as 38
specified in chapter 26.09 RCW must not be required under this 39
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chapter. The court may not delay or defer relief under this chapter 1
on the grounds that the parties could seek a parenting plan or 2
modification to a parenting plan in a different action. A protection 3
order must not be denied on the grounds that the parties have an 4
existing parenting plan in effect. A protection order may suspend the 5
respondent's contact with the parties' children under an existing 6
parenting plan, subject to further orders in a family law proceeding;7
(g) Order the respondent to participate in a state-certified 8
domestic violence perpetrator treatment program approved under RCW 9
43.20A.735 or a state-certified sex offender treatment program 10
approved under RCW 18.155.070; 11
(h) Order the respondent to obtain a mental health or chemical 12
dependency evaluation. If the court determines that a mental health 13
evaluation is necessary, the court shall clearly document the reason 14
for this determination and provide a specific question or questions 15
to be answered by the mental health professional. The court shall 16
consider the ability of the respondent to pay for an evaluation. 17
Minors are presumed to be unable to pay. The parent or legal guardian 18
is responsible for costs unless the parent or legal guardian 19
demonstrates inability to pay; 20
(i) In cases where the petitioner and the respondent are students 21
who attend the same public or private elementary, middle, or high 22
school, the court, when issuing a protection order and providing 23
relief, shall consider, among the other facts of the case, the 24
severity of the act, any continuing physical danger, emotional 25
distress, or educational disruption to the petitioner, and the 26
financial difficulty and educational disruption that would be caused 27
by a transfer of the respondent to another school. The court may 28
order that the respondent not attend the public or private 29
elementary, middle, or high school attended by the petitioner. If a 30
minor respondent is prohibited attendance at the minor's assigned 31
public school, the school district must provide the student 32
comparable educational services in another setting. In such a case, 33
the district shall provide transportation at no cost to the 34
respondent if the respondent's parent or legal guardian is unable to 35
pay for transportation. The district shall put in place any needed 36
supports to ensure successful transition to the new school 37
environment. The court shall send notice of the restriction on 38
attending the same school as the petitioner to the public or private 39
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school the respondent will attend and to the school the petitioner 1
attends; 2
(j) Require the respondent to pay the administrative court costs 3
and service fees, as established by the county or municipality 4
incurring the expense, and to reimburse the petitioner for costs 5
incurred in bringing the action, including reasonable attorneys' fees 6
or limited license legal technician fees when such fees are incurred 7
by a person licensed and practicing in accordance with state supreme 8
court admission and practice rule 28, the limited practice rule for 9
limited license legal technicians. Minors are presumed to be unable 10
to pay. The parent or legal guardian is responsible for costs unless 11
the parent or legal guardian demonstrates inability to pay;12
(k) Restrain the respondent from harassing, following, 13
monitoring, keeping under physical or electronic surveillance, cyber 14
harassment as defined in RCW 9A.90.120, and using telephonic, 15
audiovisual, or other electronic means to monitor the actions, 16
location, or communication of the petitioner or the petitioner's 17
family or household members who are minors or other members of the 18
petitioner's household. For the purposes of this subsection, 19
"communication" includes both "wire communication" and "electronic 20
communication" as defined in RCW 9.73.260; 21
(l) Other than for respondents who are minors, require the 22
respondent to submit to electronic monitoring. The order must specify 23
who shall provide the electronic monitoring services and the terms 24
under which the monitoring must be performed. The order also may 25
include a requirement that the respondent pay the costs of the 26
monitoring. The court shall consider the ability of the respondent to 27
pay for electronic monitoring; 28
(m) Consider the provisions of RCW 9.41.800, and order the 29
respondent to surrender, and prohibit the respondent from accessing, 30
having in his or her custody or control, possessing, purchasing, 31
attempting to purchase or receive, or receiving, all firearms, 32
dangerous weapons, and any concealed pistol license, as required in 33
RCW 9.41.800; 34
(n) Order possession and use of essential personal effects. The 35
court shall list the essential personal effects with sufficient 36
specificity to make it clear which property is included. Personal 37
effects may include pets. The court may order that a petitioner be 38
granted the exclusive custody or control of any pet owned, possessed, 39
leased, kept, or held by the petitioner, respondent, or minor child 40
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residing with either the petitioner or respondent, and may prohibit 1
the respondent from interfering with the petitioner's efforts to 2
obtain the pet. The court may also prohibit the respondent from 3
knowingly coming within, or knowingly remaining within, a specified 4
distance of specified locations where the pet is regularly found;5
(o) Order use of a vehicle; 6
(p) Enter an order restricting the respondent from engaging in 7
abusive litigation as set forth in chapter 26.51 RCW or in frivolous 8
filings against the petitioner, making harassing or libelous 9
communications about the petitioner to third parties, or making false 10
reports to investigative agencies. A petitioner may request this 11
relief in the petition or by separate motion. A petitioner may 12
request this relief by separate motion at any time within five years 13
of the date the protection order is entered even if the order has 14
since expired. A stand-alone motion for an order restricting abusive 15
litigation may be brought by a party who meets the requirements of 16
chapter 26.51 RCW regardless of whether the party has previously 17
sought a protection order under this chapter, provided the motion is 18
made within five years of the date the order that made a finding of 19
domestic violence was entered. In cases where a finding of domestic 20
violence was entered pursuant to an order under chapter 26.09, 26.26, 21
or 26.26A RCW, a motion for an order restricting abusive litigation 22
may be brought under the family law case or as a stand-alone action 23
filed under this chapter, when it is not reasonable or practical to 24
file under the family law case; 25
(q) Restrain the respondent from committing acts of abandonment, 26
abuse, neglect, or financial exploitation against a vulnerable adult;27
(r) Require an accounting by the respondent of the disposition of 28
the vulnerable adult's income or other resources; 29
(s) Restrain the transfer of either the respondent's or 30
vulnerable adult's property, or both, for a specified period not 31
exceeding 90 days; 32
(t) Order financial relief and restrain the transfer of jointly 33
owned assets; 34
(u) Restrain the respondent from possessing or distributing 35
intimate images, as defined in RCW 9A.86.010, depicting the 36
petitioner including, but not limited to, requiring the respondent 37
to: Take down and delete all intimate images and recordings of the 38
petitioner in the respondent's possession or control; and cease any 39
and all disclosure of those intimate images. The court may also 40
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inform the respondent that it would be appropriate to ask third 1
parties in possession or control of the intimate images of this 2
protection order to take down and delete the intimate images so that 3
the order may not inadvertently be violated; or 4
(v) Order other relief as it deems necessary for the protection 5
of the petitioner and other family or household members who are 6
minors or vulnerable adults for whom the petitioner has sought 7
protection, including orders or directives to a law enforcement 8
officer, as allowed under this chapter. 9
(2) In an antiharassment protection order proceeding, the court 10
may grant the relief specified in subsection (1)(c), (f), and (t) of 11
this section only as part of a full antiharassment protection order.12
(3) The court in granting a temporary antiharassment protection 13
order or a civil antiharassment protection order shall not prohibit 14
the respondent from exercising constitutionally protected free 15
speech. Nothing in this section prohibits the petitioner from 16
utilizing other civil or criminal remedies to restrain conduct or 17
communications not otherwise constitutionally protected.18
(4) The court shall not take any of the following actions in 19
issuing a protection order. 20
(a) The court may not order the petitioner to obtain services 21
including, but not limited to, drug testing, victim support services, 22
a mental health assessment, or a psychological evaluation.23
(b) The court shall not issue a full protection order to any 24
party except upon notice to the respondent and the opportunity for a 25
hearing pursuant to a petition or counter-petition filed and served 26
by the party seeking relief in accordance with this chapter. Except 27
as provided in RCW 7.105.210, the court shall not issue a temporary 28
protection order to any party unless the party has filed a petition 29
or counter-petition for a protection order seeking relief in 30
accordance with this chapter. 31
(c) Under no circumstances shall the court deny the petitioner 32
the type of protection order sought in the petition on the grounds 33
that the court finds that a different type of protection order would 34
have a less severe impact on the respondent. 35
(5) The order shall specify the date the order expires, if any. 36
For permanent orders, the court shall set the date to expire 99 years 37
from the issuance date. The order shall also state whether the court 38
issued the protection order following personal service, service by 39
electronic means, service by mail, or service by publication, and 40
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whether the court has approved service by mail or publication of an 1
order issued under this section. 2
(6) Issuing mutual full protection orders of any type is 3
disfavored.4
Sec. 3. RCW 7.105.405 and 2024 c 298 s 13 are each amended to 5
read as follows: 6
The following provisions apply to the renewal of all full 7
protection orders issued under this chapter, with the exception of 8
the renewal of extreme risk protection orders. 9
(1) If the court grants a protection order for a fixed time 10
period, the petitioner or protected party may file a motion to renew 11
the order at any time within the 90 days before the order expires. A 12
previously protected minor who has reached the age of 18 may petition 13
for renewal of the order as an adult pursuant to subsection (10) of 14
this section. The motion for renewal must state the reasons the 15
petitioner seeks to renew the protection order. Upon receipt of a 16
motion for renewal, the court shall order a hearing, which must be 17
not later than 14 days from the date of the order. Service must be 18
made on the respondent not less than five judicial days before the 19
hearing, as provided in RCW 7.105.150. 20
(2) If the motion for renewal is uncontested and the petitioner 21
seeks no modification of the order, the order may be renewed on the 22
basis of the petitioner's motion and statement of the reason for the 23
requested renewal. 24
(3) The petitioner bears no burden of proving that he or she has 25
a current reasonable fear of harm by the respondent.26
(4) The court shall grant the motion for renewal unless the 27
respondent proves by a preponderance of the evidence that there has 28
been a substantial change in circumstances and the following:29
(a) For a domestic violence protection order, that the respondent 30
proves that the respondent will not resume acts of domestic violence 31
against the petitioner or the petitioner's family or household 32
members who are minors or vulnerable adults when the order expires;33
(b) For a sexual assault protection order, that the respondent 34
proves that the respondent will not engage in, or attempt to engage 35
in, physical or nonphysical contact, or acts of commercial sexual 36
exploitation, with the petitioner when the order expires;37
(c) For a stalking protection order, that the respondent proves 38
that the respondent will not resume acts of stalking against the 39
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petitioner or the petitioner's family or household members when the 1
order expires; 2
(d) For a vulnerable adult protection order, that the respondent 3
proves that the respondent will not resume acts of abandonment, 4
abuse, financial exploitation, or neglect against the vulnerable 5
adult when the order expires; or 6
(e) For an antiharassment protection order, that the respondent 7
proves that the respondent will not resume harassment of the 8
petitioner when the order expires. 9
(5) In determining whether there has been a substantial change in 10
circumstances, the court may consider the following unweighted 11
factors, and no inference is to be drawn from the order in which the 12
factors are listed: 13
(a) Whether the respondent has committed or threatened sexual 14
assault; commercial sexual exploitation; domestic violence; stalking; 15
abandonment, abuse, financial exploitation, or neglect of a 16
vulnerable adult; or other harmful acts against the petitioner or any 17
other person since the protection order was entered;18
(b) Whether the respondent has violated the terms of the 19
protection order and the time that has passed since the entry of the 20
order; 21
(c) Whether the respondent has exhibited suicidal ideation or 22
attempts since the protection order was entered; 23
(d) Whether the respondent has been convicted of criminal 24
activity since the protection order was entered; 25
(e) Whether the respondent has either: Acknowledged 26
responsibility for acts of sexual assault, commercial sexual 27
exploitation, domestic violence, or stalking, or acts of abandonment, 28
abuse, financial exploitation, or neglect of a vulnerable adult, or 29
behavior that resulted in the entry of the protection order; or 30
successfully completed state-certified perpetrator treatment or 31
counseling since the protection order was entered;32
(f) Whether the respondent has a continuing involvement with drug 33
or alcohol abuse, if such abuse was a factor in the protection order; 34
and 35
(g) Other factors relating to a substantial change in 36
circumstances. 37
(6) The court shall not deny a motion to renew a protection order 38
for any of the following reasons: 39
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(a) The respondent has not violated the protection order 1
previously issued by the court; 2
(b) The petitioner or the respondent is a minor;3
(c) The petitioner did not report the conduct giving rise to the 4
protection order, or subsequent violations of the protection order, 5
to law enforcement; 6
(d) A no-contact order or a restraining order that restrains the 7
respondent's contact with the petitioner has been issued in a 8
criminal proceeding or in a domestic relations proceeding;9
(e) The relief sought by the petitioner may be available in a 10
different action or proceeding; 11
(f) The passage of time since the last incident of conduct giving 12
rise to the issuance of the protection order; or 13
(g) The respondent no longer lives near the petitioner.14
(7) The terms of the original protection order must not be 15
changed on a motion for renewal unless the petitioner has requested 16
the change. 17
(8) The court may renew the protection order for another fixed 18
time period of no less than one year, or may enter a permanent order 19
as provided in this section. 20
(9) If the protection order includes the parties' children, a 21
renewed protection order may be issued for more than one year, 22
subject to subsequent orders entered in a proceeding under chapter 23
26.09, 26.26A, or 26.26B RCW. 24
(10)(a) If a minor who is protected by a protection order reaches 25
the age of 18 while the order is still in effect, the minor may file 26
a motion for a renewal of the order as the petitioner.27
(b) A previously protected minor who has reached the age of 18 28
has up to one year from the date of expiration of the order to 29
petition for renewal of the order as an adult. The petitioner may, 30
but is not required to, allege new facts and circumstances for which 31
relief is sought that occurred after the order that protected the 32
petitioner as a minor has expired.33
(c) The clerk shall issue a new cause number for renewals granted 34
under this subsection.35
(11) The court may award court costs, service fees, and 36
reasonable attorneys' fees to the petitioner as provided in RCW 37
7.105.310. 38
(((11))) (12) If the court declines to renew the protection 39
order, the court shall state, in writing in the order, the particular 40
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reasons for the court's denial. If the court declines to renew a 1
protection order that had restrained the respondent from having 2
contact with children protected by the order, the court shall 3
determine on the record whether the respondent and the children 4
should undergo reunification therapy. Any reunification therapy 5
provider should be made aware of the respondent's history of domestic 6
violence and should have training and experience in the dynamics of 7
intimate partner violence. 8
(((12))) (13) In determining whether there has been a substantial 9
change in circumstances for respondents under the age of 18, or in 10
determining the appropriate duration for an order, the court shall 11
consider the circumstances surrounding the respondent's youth at the 12
time of the initial behavior alleged in the petition for a protection 13
order. The court shall consider developmental factors, including the 14
impact of time of a youth's development, and any information the 15
minor respondent presents about his or her personal progress or 16
change in circumstances. 17
Sec. 4. RCW 7.105.500 and 2024 c 298 s 14 are each amended to 18
read as follows: 19
This section applies to modification or termination of domestic 20
violence protection orders, sexual assault protection orders, 21
stalking protection orders, and antiharassment protection orders.22
(1) Upon a motion with notice to all parties and after a hearing, 23
the court may modify the terms of an existing protection order or 24
terminate an existing order. 25
(2) A respondent's motion to modify or terminate an existing 26
protection order must include a declaration setting forth facts 27
supporting the requested order for modification or termination. The 28
nonmoving parties to the proceeding may file opposing declarations. 29
All motions to modify or terminate shall be based on the written 30
materials and evidence submitted to the court. The court shall set a 31
hearing only if the court finds that adequate cause is established. 32
If the court finds that the respondent established adequate cause, 33
the court shall set a date for hearing the respondent's motion, which 34
must be at least 14 days from the date the court finds adequate 35
cause. 36
(3) Upon the motion of a respondent, the court may not modify or 37
terminate an existing protection order unless the respondent proves 38
by a preponderance of the evidence that there has been a substantial 39
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change in circumstances such that the respondent will not resume, 1
engage in, or attempt to engage in, the following acts against the 2
petitioner or those persons protected by the protection order if the 3
order is terminated or modified: 4
(a) Acts of domestic violence, in cases involving domestic 5
violence protection orders; 6
(b) Physical or nonphysical contact, or acts of commercial sexual 7
exploitation, in cases involving sexual assault protection orders;8
(c) Acts of stalking, in cases involving stalking protection 9
orders; or 10
(d) Acts of unlawful harassment, in cases involving 11
antiharassment protection orders. 12
The petitioner bears no burden of proving that he or she has a 13
current reasonable fear of harm by the respondent.14
(4) In determining whether there has been a substantial change in 15
circumstances, the court may consider the following unweighted 16
factors, and no inference is to be drawn from the order in which the 17
factors are listed: 18
(a) Whether the respondent has committed or threatened sexual 19
assault, commercial sexual exploitation, domestic violence, stalking, 20
or other harmful acts against the petitioner or any other person 21
since the protection order was entered; 22
(b) Whether the respondent has violated the terms of the 23
protection order and the time that has passed since the entry of the 24
order; 25
(c) Whether the respondent has exhibited suicidal ideation or 26
attempts since the protection order was entered; 27
(d) Whether the respondent has been convicted of criminal 28
activity since the protection order was entered; 29
(e) Whether the respondent has either acknowledged responsibility 30
for acts of sexual assault, commercial sexual exploitation, domestic 31
violence, stalking, or behavior that resulted in the entry of the 32
protection order, or successfully completed state-certified 33
perpetrator treatment or counseling since the protection order was 34
entered; 35
(f) Whether the respondent has a continuing involvement with drug 36
or alcohol abuse, if such abuse was a factor in the protection order;37
(g) Whether the petitioner consents to terminating the protection 38
order, provided that consent is given voluntarily and knowingly; or39
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(h) Other factors relating to a substantial change in 1
circumstances. 2
(5) In determining whether there has been a substantial change in 3
circumstances, the court may not base its determination on the fact 4
that time has passed without a violation of the order.5
(6) Regardless of whether there is a substantial change in 6
circumstances, the court may decline to terminate a protection order 7
if it finds that the acts of domestic violence, sexual assault, 8
commercial sexual exploitation, stalking, unlawful harassment, and 9
other harmful acts that resulted in the issuance of the protection 10
order were of such severity that the order should not be terminated.11
(7) A respondent may file a motion to modify or terminate an 12
order no more than once in every 12-month period that the order is in 13
effect, starting from the date of the order and continuing through 14
any renewal period. 15
(8) If a person who is protected by a protection order has a 16
child or adopts a child after a protection order has been issued, but 17
before the protection order has expired, the petitioner may seek to 18
include the new child in the order of protection on an ex parte basis 19
if the child is already in the physical custody of the petitioner. If 20
the restrained person is the legal or biological parent of the child, 21
a hearing must be set and notice given to the restrained person prior 22
to final modification of the full protection order.23
(9) A court may require the respondent to pay the petitioner for 24
costs incurred in responding to a motion to modify or terminate a 25
protection order, including reasonable attorneys' fees.26
(10) A protected party may file a motion to terminate or modify 27
an ex parte order without notice to the respondent if the respondent 28
has not yet been served. For all other modifications or terminations 29
of ex parte protection orders, a motion must be filed with notice 30
given to all parties. A restrained person cannot modify or terminate 31
an ex parte protection order without notice to the protected party.32
(11) Judicial officers presiding over full hearings who are 33
reissuing temporary orders per RCW 7.105.200 may modify the terms of 34
the ex parte order to remedy an error or based on the facts of the 35
case.36
Sec. 5. RCW 9.41.040 and 2024 c 290 s 5 are each amended to read 37
as follows: 38
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(1)(a) A person, whether an adult or juvenile, is guilty of the 1
crime of unlawful possession of a firearm in the first degree ((, 2
if)):3
(i) If the person owns, accesses, has in the person's custody, 4
control, or possession, or receives any firearm after having 5
previously been convicted or found not guilty by reason of insanity 6
in this state or elsewhere of any serious offense; or7
(ii) If the person owns, accesses, has in the person's custody, 8
control, or possession, or receives any untraceable or undetectable 9
firearm during any period of time that the person is subject to an 10
order described in subsection (2)(a)(ii) of this section.11
(b) Unlawful possession of a firearm in the first degree is a 12
class B felony punishable according to chapter 9A.20 RCW.13
(2)(a) A person, whether an adult or juvenile, is guilty of the 14
crime of unlawful possession of a firearm in the second degree, if 15
the person does not qualify under subsection (1) of this section for 16
the crime of unlawful possession of a firearm in the first degree and 17
the person owns, accesses, has in the person's custody, control, or 18
possession, or receives any firearm: 19
(i) After having previously been convicted or found not guilty by 20
reason of insanity in this state or elsewhere of: 21
(A) Any felony not specifically listed as prohibiting firearm 22
possession under subsection (1) of this section; 23
(B) Any of the following crimes when committed by one family or 24
household member against another or by one intimate partner against 25
another, as those terms are defined by the statutes in effect at the 26
time of the commission of the crime, committed on or after July 1, 27
1993: Assault in the fourth degree, coercion, stalking, reckless 28
endangerment, criminal trespass in the first degree, or violation of 29
the provisions of a protection order or no-contact order restraining 30
the person or excluding the person from a residence (RCW 10.99.040 or 31
any of the former RCW 26.50.060, 26.50.070, and 26.50.130);32
(C) Harassment when committed by one family or household member 33
against another or by one intimate partner against another, as those 34
terms are defined by the statutes in effect at the time of the 35
commission of the crime, committed on or after June 7, 2018;36
(D) Any of the following misdemeanor or gross misdemeanor crimes 37
not included under (a)(i) (B) or (C) of this subsection, committed on 38
or after July 23, 2023: Domestic violence (RCW 10.99.020); stalking; 39
cyberstalking; cyber harassment, excluding cyber harassment committed 40
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solely pursuant to the element set forth in RCW 9A.90.120(1)(a)(i); 1
harassment; aiming or discharging a firearm (RCW 9.41.230); unlawful 2
carrying or handling of a firearm (RCW 9.41.270); animal cruelty in 3
the second degree committed under RCW 16.52.207(1); or any prior 4
offense as defined in RCW 46.61.5055(14) if committed within seven 5
years of a conviction for any other prior offense under RCW 6
46.61.5055; 7
(E) A violation of the provisions of a protection order under 8
chapter 7.105 RCW restraining the person or excluding the person from 9
a residence, when committed by one family or household member against 10
another or by one intimate partner against another, committed on or 11
after July 1, 2022; or 12
(F) A violation of the provisions of an order to surrender and 13
prohibit weapons, an extreme risk protection order, or the provisions 14
of any other protection order or no-contact order not included under 15
(a)(i) (B) or (E) of this subsection restraining the person or 16
excluding the person from a residence, committed on or after July 23, 17
2023; 18
(ii) During any period of time that the person is subject to a 19
protection order, no-contact order, or restraining order by a court 20
issued under chapter 7.105, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 21
26.26A, or 26.26B RCW or any of the former chapters 7.90, 7.92, 22
10.14, and 26.50 RCW that: 23
(A) Was issued after a hearing for which the person received 24
actual notice, and at which the person had an opportunity to 25
participate, whether the court then issues a full order or reissues a 26
temporary order. If the court enters an agreed order by the parties 27
without a hearing, such an order meets the requirements of this 28
subsection; 29
(B) Restrains the person from harassing, stalking, or threatening 30
the person protected under the order or child of the person or 31
protected person, or others identified in the order, or engaging in 32
other conduct that would place the protected person in reasonable 33
fear of bodily injury to the protected person or child or others 34
identified in the order; and 35
(C)(I) Includes a finding that the person represents a credible 36
threat to the physical safety of the protected person or child or 37
others identified in the order, or by its terms explicitly prohibits 38
the use, attempted use, or threatened use of physical force against 39
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the protected person or child or other persons that would reasonably 1
be expected to cause bodily injury; or 2
(II) Includes an order under RCW 9.41.800 requiring the person to 3
surrender all firearms and prohibiting the person from accessing, 4
having in his or her custody or control, possessing, purchasing, 5
receiving, or attempting to purchase or receive, firearms;6
(iii) After having previously been involuntarily committed based 7
on a mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 8
71.34.750, chapter 10.77 RCW, or equivalent statutes of another 9
jurisdiction, unless his or her right to possess a firearm has been 10
restored as provided in RCW 9.41.047; 11
(iv) After dismissal of criminal charges based on incompetency to 12
stand trial under RCW 10.77.086, or after dismissal of criminal 13
charges based on incompetency to stand trial under RCW 10.77.088 when 14
the court has made a finding indicating that the defendant has a 15
history of one or more violent acts, unless his or her right to 16
possess a firearm has been restored as provided in RCW 9.41.047;17
(v) If the person is under 18 years of age, except as provided in 18
RCW 9.41.042; and/or 19
(vi) If the person is free on bond or personal recognizance 20
pending trial for a serious offense as defined in RCW 9.41.010.21
(b) Unlawful possession of a firearm in the second degree is a 22
class C felony punishable according to chapter 9A.20 RCW.23
(3) A person shall not be precluded from possession of a firearm 24
if the conviction has been the subject of a pardon, annulment, 25
certificate of rehabilitation, or other equivalent procedure based on 26
a finding of the rehabilitation of the person convicted or the 27
conviction or disposition has been the subject of a pardon, 28
annulment, or other equivalent procedure based on a finding of 29
innocence. Where no record of the court's disposition of the charges 30
can be found, there shall be a rebuttable presumption that the person 31
was not convicted of the charge. 32
(4) Notwithstanding subsection (1) or (2) of this section, a 33
person convicted or found not guilty by reason of insanity of an 34
offense prohibiting the possession of a firearm under this section 35
other than murder, manslaughter, robbery, rape, indecent liberties, 36
arson, assault, kidnapping, extortion, burglary, or violations with 37
respect to controlled substances under RCW 69.50.401 and 69.50.410, 38
who received a probationary sentence under RCW 9.95.200, and who 39
received a dismissal of the charge under RCW 9.95.240, shall not be 40
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precluded from possession of a firearm as a result of the conviction 1
or finding of not guilty by reason of insanity. 2
(5) In addition to any other penalty provided for by law, if a 3
person under the age of 18 years is found by a court to have 4
possessed a firearm in a vehicle in violation of subsection (1) or 5
(2) of this section or to have committed an offense while armed with 6
a firearm during which offense a motor vehicle served an integral 7
function, the court shall notify the department of licensing within 8
24 hours and the person's privilege to drive shall be revoked under 9
RCW 46.20.265, unless the offense is the juvenile's first offense in 10
violation of this section and has not committed an offense while 11
armed with a firearm, an unlawful possession of a firearm offense, or 12
an offense in violation of chapter 66.44, 69.52, 69.41, or 69.50 RCW.13
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed 14
or interpreted as preventing an offender from being charged and 15
subsequently convicted for the separate felony crimes of theft of a 16
firearm or possession of a stolen firearm, or both, in addition to 17
being charged and subsequently convicted under this section for 18
unlawful possession of a firearm in the first or second degree. 19
Notwithstanding any other law, if the offender is convicted under 20
this section for unlawful possession of a firearm in the first or 21
second degree and for the felony crimes of theft of a firearm or 22
possession of a stolen firearm, or both, then the offender shall 23
serve consecutive sentences for each of the felony crimes of 24
conviction listed in this subsection. 25
(7)(a) A person, whether an adult or a juvenile, commits the 26
civil infraction of unlawful possession of a firearm if the person 27
has in the person's possession or has in the person's control a 28
firearm after the person files a voluntary waiver of firearm rights 29
under RCW 9.41.350 and the form has been accepted by the clerk of the 30
court and the voluntary waiver has not been lawfully revoked.31
(b) The civil infraction of unlawful possession of a firearm is a 32
class 4 civil infraction punishable according to chapter 7.80 RCW.33
(c) Each firearm unlawfully possessed under this subsection (7) 34
shall be a separate infraction. 35
(d) The court may, in its discretion, order performance of up to 36
two hours of community restitution in lieu of a monetary penalty 37
prescribed for a civil infraction under this subsection (7).38
(8) Each firearm unlawfully possessed under this section shall be 39
a separate offense. 40
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(9) A person may petition to restore the right to possess a 1
firearm as provided in RCW 9.41.041. 2
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