Extreme Risk Protection Orders

Bains Law Firm - September 14, 2017

Family law litigation often involves the need for protection of property or from the other party. There are several different types of protection and restraining orders, including a general Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order, Anti-Harassment Protection Order and now in Washington State, an Extreme Risk Protection Orders.in Washington State, an Extreme Risk Protection Order.

Extreme Risk Protection Orders became law on November 8, 2016, as an Initiative ballot measure. The goal of the Initiative was to set up a process to allow law-enforcement officers, family members and others to ask a judge to keep firearms out of the hands of someone deemed a danger to themselves or others.

Typically, an Extreme Risk Protection Order is necessary when the respondent poses a significant danger of causing personal injury to self or others, and the respondent has a firearm. However in some rare cases, possession of a firearm is not necessary to obtain protection.  These cases involve facts that give rise to a reasonable fear of future dangerous acts by the respondent.

In emergency situations, an Ex Parte Temporary Extreme Risk Protection Order is necessary and can be issued without notice to the respondent. Such an order is often granted upon allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to self or others in the near future by having a firearm. The Court will consider all relevant evidence and if it finds reasonable cause, then an Ex Parte Temporary Extreme Risk Protection Order will be issued. Typically, the Court will have an Ex Parte Temporary Extreme Risk Protection Order hearing in person or by telephone on the day of filing of the petition, and will schedule another hearing for the respondent to appear within fourteen days of issuance of the Ex Parte Temporary Extreme Risk Protection Order.

Upon a full hearing, if granted, an Extreme Risk Protection Order will generally last for one year. In some cases, the Court can make the order for a fixed (specific) amount of time or even make it permanent.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of protection orders and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.