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Washington Order Setting Hearing: Motion to Terminate Extreme Risk Protection Order

State:
Washington
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WA-SKU-2318
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Description

Order Setting Hearing: Motion to Terminate Extreme Risk Protection Order

Washington Order Setting Hearing: Motion to Terminate Extreme Risk Protection Order is a court hearing held by a judge to decide whether to terminate an Extreme Risk Protection Order (RPO) in the state of Washington. An RPO is a court order issued by a state court, which restricts a person’s access to firearms if it is determined that the person poses a significant risk of personal injury to themselves or others. At the Washington Order Setting Hearing: Motion to Terminate Extreme Risk Protection Order, the judge hears evidence from both sides and then makes a decision whether to terminate the existing RPO. The judge may hear arguments from the respondent, the petitioner, or both. The judge may also hear testimony from witnesses, such as law enforcement officers, mental health professionals, or family members. The judge looks at the evidence and considers the risk of harm posed by the respondent before making a decision. In Washington, there are two types of Order Setting Hearings: Motion to Terminate Extreme Risk Protection Orders: the ex parte hearing and the full hearing. The ex parte hearing is a hearing held without the respondent present, and it is typically used when the respondent has not been served with the motion. The full hearing is held with the respondent present and is the standard hearing used in most cases.

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FAQ

After the initial hearing, if you are looking to terminate the order, Washington law requires that you file a motion to set aside the restraining order. With the help of a lawyer, put a specific reason you feel the restraining order should be terminated in your motion.

What Are the Penalties for a Restraining Order Violations in Washington State? A judge usually categorizes a first restraining order violation as a gross misdemeanor, which can result in up to a year of jail time and up to $5,000 in fines.

Penalties for Protection Order Violations in Washington: Violation of a protection order is usually considered a gross misdemeanor, which RCW §9A. 20.021 defines as punishable by up to one year in jail, a maximum fine of $5,000, or both.

A felony No Contact Order violation in WA State carries a maximum sentence of 5 years in prison and up to a $10,000 fine. In many cases where an order was allegedly broken, it can become the word of the accused against the word of the police.

What Are the Penalties for a Restraining Order Violations in Washington State? A judge usually categorizes a first restraining order violation as a gross misdemeanor, which can result in up to a year of jail time and up to $5,000 in fines.

When a court order is violated in Washington State, the wishes of the protected person become irrelevant to the court. Even if the contact was consensual or initiated by the victim, it can still result in a criminal conviction.

Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.

You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." (c) A certified copy of the order shall be provided to the victim.

More info

Order Setting Hearing: Motion to Terminate. Extreme Risk Protection Order. 1.The court shall set the hearing fourteen days after the filing of the request for a hearing to terminate an extreme risk protection order. Tell the respondent to immediately surrender all firearms and any concealed pistol license; and. • Set the date for the next hearing (full hearing). Termination Of Protection Order Extreme Risk . The judge will direct a law enforcement officer to serve a copy of the order on the Respondent. Hearing After Notice. (b) Upon receipt of the motion to dismiss an extreme risk protection order, the court shall set a date for a hearing. 253B.

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Washington Order Setting Hearing: Motion to Terminate Extreme Risk Protection Order