Renewing a Domestic Violence Protection Order in Washington State

Domestic violence protection orders (DVPO) are essential legal tools that help keep victims safe from ongoing abuse. However, these orders often expire after a set period. Fortunately, Washington law provides a straightforward process for renewing a DVPO, offering continued protection for those in need.

How to Renew a DVPO Under RCW 7.105.405

Washington's Revised Code of Washington (RCW) 7.105.405 governs the renewal process for domestic violence protection orders. According to this statute, a person can request to renew their DVPO by filing a petition before the current order expires. Reviewing the law is crucial because there are specific requirements you must meet.

The renewal process can often be simple, especially if the petitioner continues to feel threatened. The statute requires the court to grant the renewal unless the respondent can demonstrate that they no longer pose a danger. Importantly, the burden of proof rests on the respondent, making it difficult for them to block the renewal of a protection order.

No Need to Prove Current Fear of Harm

One significant aspect of RCW 7.105.405 is that the petitioner does not need to prove a current reasonable fear of harm in order to renew their protection order. This is an important distinction that often strengthens the petitioner’s case. The law recognizes that even if there hasn’t been a recent incident of violence or direct contact, the potential for danger may still exist.

The court’s priority in these situations is the long-term safety of the victim. Even if the threat seems to have subsided temporarily, the possibility of future harm may still justify the renewal. This provision ensures that victims don’t have to re-live their trauma or prove new acts of violence in order to remain protected.

What Does the Respondent Need to Prove?

The respondent must prove, by a preponderance of the evidence, that they no longer present a risk to the petitioner or any member of their household. They must show that the circumstances that led to the issuance of the original protection order have changed enough to justify its termination.

However, even in cases where the respondent claims to have made changes, the court can still renew the order. The renewal focuses primarily on the victim's safety and ongoing concerns rather than requiring new incidents of abuse or threats.

How Long Can a DVPO Be Renewed?

RCW 7.105.405 allows for the order to be renewed for a fixed time period or, in some cases, permanently. The length of the renewal will depend on the circumstances and the degree of ongoing threat perceived by the court.

Get Help with Your DVPO Renewal

If you need assistance renewing a domestic violence protection order, the team at Magnuson Lowell, P.S., can guide you through the process. Our experienced family law attorneys are here to help ensure your safety and provide you with the legal protection you need. Call today for a free telephone case evaluation.

Renewing a Domestic Violence Protection Order in Washington State

Domestic violence protection orders (DVPO) are essential legal tools that help keep victims safe from ongoing abuse. However, these orders often expire after a set period. Fortunately, Washington law provides a straightforward process for renewing a DVPO, offering continued protection for those in need.

How to Renew a DVPO Under RCW 7.105.405

Washington's Revised Code of Washington (RCW) 7.105.405 governs the renewal process for domestic violence protection orders. According to this statute, a person can request to renew their DVPO by filing a petition before the current order expires.

The renewal process can often be simple, especially if the petitioner continues to feel threatened. The statute requires the court to grant the renewal unless the respondent can demonstrate that they no longer pose a danger. Importantly, the burden of proof rests on the respondent, making it difficult for them to block the renewal of a protection order.

No Need to Prove Current Fear of Harm

One significant aspect of RCW 7.105.405 is that the petitioner does not need to prove a current reasonable fear of harm in order to renew their protection order. This is an important distinction that often strengthens the petitioner’s case. The law recognizes that even if there hasn’t been a recent incident of violence or direct contact, the potential for danger may still exist.

The court’s priority in these situations is the long-term safety of the victim. Even if the threat seems to have subsided temporarily, the possibility of future harm may still justify the renewal. This provision ensures that victims don’t have to re-live their trauma or prove new acts of violence in order to remain protected.

What Does the Respondent Need to Prove?

The respondent must prove, by a preponderance of the evidence, that they no longer present a risk to the petitioner or any member of their household. They must show that the circumstances that led to the issuance of the original protection order have changed enough to justify its termination.

However, even in cases where the respondent claims to have made changes, the court can still renew the order. The renewal focuses primarily on the victim's safety and ongoing concerns rather than requiring new incidents of abuse or threats.

How Long Can a DVPO Be Renewed?

RCW 7.105.405 allows for the order to be renewed for a fixed time period or, in some cases, permanently. The length of the renewal will depend on the circumstances and the degree of ongoing threat perceived by the court.

Get Help with Your DVPO Renewal

If you need assistance renewing a domestic violence protection order, the team at Magnuson Lowell, P.S., can guide you through the process. Our experienced family law attorneys are here to help ensure your safety and provide you with the legal protection you need.

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