Washington state law allows parties to file a motion with the court requesting to modify or terminate a protection order in Seattle. However, the court must hold a hearing after notice to all parties. The judge must find that a substantial change in circumstances has occurred to justify modifying or terminating the protection order. In this article, our Seattle criminal defense attorney discusses the process to request a modification or termination of a protection order.
Filing a Motion for Modification or Termination of a Protection Order in Seattle, WA
If the King County District Court issued your protection order, you must file a motion with the court to end or modify the order. Revised Code of Washington §7.105.500 allows the court to modify or terminate the following protection orders:
- Sexual Assault Protection Order (SAPO) – Protects the victim of nonconsensual sexual conduct or penetration. One incident is sufficient for the court to grant an SAPO.
- Domestic Violence Protection Order (DVPO) – Protects against domestic violence or the threat of violence by an intimate partner or household member.
- Antiharassment Protection Order (AHPO) – Protects someone from unwanted behavior or contact that has no legal or legitimate purpose and causes substantial emotional distress.
- Stalking Protection Order (SPO) – Protects someone from stalking conduct that serves no lawful purpose and causes the victim to feel frightened, intimidated, threatened, or under duress.
A petitioner (the protected party) can file a motion to modify or terminate a protection order at any time. However, the respondent (offender) can only file a motion to modify or terminate a final order once during any 12 months after the court grants an order. The court sets a hearing only if a judge finds there may be a reason to terminate or modify the order based on the information filed with the court.
Proving a Protection Order Should Be Modified or Terminated
The motion must be served on the other party, who can file an opposing declaration if they object to the request to modify or terminate the protection order. If the court schedules a hearing, both parties can appear to argue their case to the judge.
For an offender to have a protection order terminated or modified, they must prove by a preponderance of the evidence that a substantial change in circumstances makes it highly unlikely to resume the acts prohibited by the protection order. Evidence supporting the motion could include, but is not limited to:
- The offender has never violated the terms of the protection order
- The offender has not threatened or committed any violent acts toward the victim since the date of the order
- The offender has completed treatment of an underlying condition that could have contributed to their behavior, such as an alcohol/drug treatment program, anger management program, etc.
- The offender has received therapy or counseling, as indicated by a statement from their provider
- The offender has not been convicted of any crimes since the date of the order
It can be challenging to obtain a hearing and prove that the protection order should be modified or terminated. Even if all the above were true, a judge could determine that the original conduct was so severe that a protection order should remain in effect. Hiring an experienced attorney can help you provide a solid argument supporting your request.
Get Help With a Protection Order from a Seattle Criminal Defense Attorney
If you have questions about a protection order or need legal representation, schedule a consult to speak with Jennifer, a Seattle criminal defense attorney who has extensive experience handling cases involving protection and restraining orders in Washington.