Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.105.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable adult without the means or ability to…
RCW 7.105.050 Jurisdiction—Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders.
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(1) The superior and district courts have jurisdiction over domestic violence protection order proceedings, sexual assault protection order proceedings, stalking protection order proceedings, and antiharassment protection order proceedings under this chapter, except that such pro…
RCW 7.105.065 Jurisdiction—Vulnerable adult protection orders.
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The superior courts have jurisdiction over vulnerable adult protection order proceedings under this chapter.[ 2021 c 215 s 7.]Notes:Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
RCW 7.105.070 Jurisdiction—Extreme risk protection orders.
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The superior courts have jurisdiction over extreme risk protection order proceedings under this chapter. The juvenile court may hear an extreme risk protection order proceeding under this chapter if the respondent is under the age of 18 years. Additionally, district courts have l…
RCW 7.105.075 Venue.
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An action for a protection order should be filed in the county where the petitioner resides. The petitioner may also file in:(1) The county where an act giving rise to the petition for a protection order occurred;(2) The county where a child to be protected by the order primarily…
RCW 7.105.080 Personal jurisdiction over nonresidents.
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(1) In a proceeding in which a petition for a protection order under this chapter is sought, a court of this state may exercise personal jurisdiction over a nonresident individual if:(a) The individual is personally served with a petition within this state;(b) The individual subm…
RCW 7.105.085 Out-of-state child custody jurisdictional issues.
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Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties are governed by the uniform child custody jurisdiction and enforcement act, chapter 26.27 RCW.[ 2021 c 215 s 11.]Notes:Effective date—2022 c 268; 20…
RCW 7.105.100 Filing—Types of petitions.
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(1) There exists an action known as a petition for a protection order. The following types of petitions for a protection order may be filed:(a) A petition for a domestic violence protection order, which must allege the existence of domestic violence committed against the petition…
RCW 7.105.105 Filing—Provisions governing all petitions.
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The following apply to all petitions for protection orders under this chapter.(1)(a) By January 1, 2023, county clerks on behalf of all superior courts and, by January 1, 2026, all courts of limited jurisdiction, must permit petitions for protection orders and all other filings i…
RCW 7.105.110 Filing—Provisions applicable to specified orders.
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The following apply only to the specific type of protection orders referenced in each subsection.(1) The department of social and health services, in its discretion, may file a petition for a vulnerable adult protection order or a domestic violence protection order on behalf of, …
RCW 7.105.115 Forms, instructions, etc.—Duties of the administrative office of the courts—Recommendations for filing and data collection.
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(1) By December 30, 2022, the administrative office of the courts shall:(a) Develop and distribute standard forms for petitions and orders issued under this chapter, and facilitate the use of online forms for electronic filings.(i) For all protection orders except extreme risk pr…
RCW 7.105.120 Filing—Court clerk duties.
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(1) All court clerks' offices shall make available the standardized forms, instructions, and informational brochures required by this chapter, and shall keep current specific program names and telephone numbers for community resources, including civil legal aid and volunteer lawy…
RCW 7.105.150 Service—Methods of service.
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(1) To minimize delays and the need for more hearings, which can hinder access to justice and undermine judicial economy, to lessen costs, to guarantee actual notice to the respondent, and to simplify and modernize processes for petitioners, respondents, law enforcement, and the …
RCW 7.105.155 Service—Completion by law enforcement officer.
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When service is to be completed under this chapter by a law enforcement officer:(1) The clerk of the court shall have a copy of any order issued under this chapter, the confidential information form, as well as the petition for a protection order and any supporting materials, ele…
RCW 7.105.160 Service—Materials.
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The following materials must be served, depending on the type of relief sought.(1) If the petitioner is seeking a hearing on a petition for a protection order, the respondent must be served with the petition for a protection order, any supporting declarations or other materials, …
RCW 7.105.165 Service—Timing.
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(1) Unless waived by the nonmoving party, service must be completed on the nonmoving party not less than five judicial days before the hearing date. If service cannot be made, the court shall set a new hearing date and shall either require an additional attempt at obtaining servi…
RCW 7.105.175 Service—Development of best practices.
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Courts and law enforcement agencies shall adopt rules, protocols, and pattern forms to standardize and implement best practices for service, including mechanisms and verification options for electronic service and electronic returns of service, as well as best practices for effic…
RCW 7.105.200 Hearings—Procedure.
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In hearings under this chapter, the following apply:(1) Hearings under this chapter are special proceedings. The procedures established under this chapter for protection order hearings supersede inconsistent civil court rules. Courts should evaluate the needs and procedures best …
RCW 7.105.205 Hearings—Remote hearings.
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(1) Hearings on protection orders, including hearings concerning temporary protection orders, full protection orders, compliance, reissuance, renewal, modification, or termination, may be conducted in person or remotely in order to enhance access for all parties.(2) In the court'…
RCW 7.105.210 Realignment of parties—Domestic violence and antiharassment protection order proceedings.
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In proceedings where the petitioner is seeking a domestic violence protection order or an antiharassment protection order, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser or har…
RCW 7.105.215 Hearings—Extreme risk protection orders.
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For extreme risk protection order hearings, the following also apply.(1) The court may:(a) Examine under oath the petitioner, the respondent, and any witnesses they may produce, or, in lieu of examination, consider sworn declarations of the petitioner, the respondent, and any wit…
RCW 7.105.220 Hearings—Vulnerable adult protection orders.
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For vulnerable adult protection order hearings, the following also apply.(1) When a petition for a vulnerable adult protection order is filed by someone other than the vulnerable adult or the vulnerable adult's guardian, conservator, or person acting under a protective arrangemen…
RCW 7.105.225 Grant of order, denial of order, and improper grounds.
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(1) The court shall issue a protection order if it finds by a preponderance of the evidence that the petitioner has proved the required criteria specified in (a) through (f) of this subsection for obtaining a protection order under this chapter.(a) For a domestic violence protect…
RCW 7.105.230 Judicial information system consultation.
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(1) Before ruling on an order under this chapter, the court shall consult the judicial information system to determine the criminal history, history of criminal victimization, history of being a respondent or petitioner in a protection order proceeding, or pendency of other proce…
RCW 7.105.235 Compliance hearings.
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For compliance hearings:(1) Only the respondent is required to appear if the court is reviewing compliance with any conditions of the order. The petitioner may appear at such hearing and provide evidence to the court regarding the respondent's compliance with the order. The petit…
RCW 7.105.240 Appointment of counsel for petitioner.
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Subject to the availability of amounts appropriated for this specific purpose, or as provided through alternative sources including, but not limited to, grants, local funding, or pro bono means, the court may appoint counsel to represent the petitioner if the respondent is repres…
RCW 7.105.245 Interpreters.
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(1) Pursuant to chapter 2.42 RCW, in order to ensure that parties have meaningful access to the court, an interpreter shall be appointed for any party who is deaf, hard of hearing, deaf-blind, or has a speech impairment and cannot readily understand or communicate in spoken langu…
RCW 7.105.250 Protection order advocates and support persons.
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(1) Whether or not the petitioner has retained an attorney, a sexual assault or domestic violence advocate, as defined in RCW 5.60.060, shall be allowed to accompany the petitioner, or appear remotely with the petitioner, and confer with the petitioner during court proceedings. T…
RCW 7.105.255 Judicial officer training.
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(1) To help ensure familiarity with the unique nature of protection order proceedings, and an understanding of trauma-informed practices and best practices in the use of new technologies for remote hearings, judicial officers, including persons who serve as judicial officers pro …
RCW 7.105.300 Application—RCW 7.105.305 through 7.105.325.
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RCW 7.105.305 through 7.105.325 apply to all orders other than extreme risk protection orders.[ 2021 c 215 s 37.]Notes:Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
RCW 7.105.305 Application—RCW 7.105.305 through 7.105.325.
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(1) Where it appears from the petition and any additional evidence that the respondent has engaged in conduct against the petitioner that serves as a basis for a protection order under this chapter, and the petitioner alleges that serious immediate harm or irreparable injury coul…
RCW 7.105.310 Relief for temporary and full protection orders—Other than for extreme risk protection orders.
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(1) In issuing any type of protection order, other than an ex parte temporary antiharassment protection order as limited by subsection (2) of this section, and other than an extreme risk protection order, the court shall have broad discretion to grant such relief as the court dee…
RCW 7.105.315 Duration of full protection orders—Other than for extreme risk protection orders.
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(1) When issuing an order after notice to the respondent and a hearing, the court may either grant relief for a fixed period of time or enter a permanent order of protection. Other than for antiharassment orders, the court shall not grant relief for less than one year unless the …
RCW 7.105.320 Law enforcement stand-by to recover possessions—Other than for extreme risk protection orders.
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(1) When an order is issued under this chapter upon request of the petitioner, the court may order a law enforcement officer to accompany the petitioner and assist in placing the petitioner in possession of those items indicated in the order or to otherwise assist in the executio…
RCW 7.105.325 Application—RCW 7.105.305 through 7.105.325.
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(1) The clerk of the court shall enter any protection order, including temporary protection orders, issued under this chapter into a statewide judicial information system on the same day such order is issued, if possible, but no later than the next judicial day.(2) A copy of a pr…
RCW 7.105.330 Temporary protection orders—Extreme risk protection orders.
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(1) In considering whether to issue a temporary extreme risk protection order, the court shall consider all relevant evidence, including the evidence described in RCW 7.105.215.(2) If a court finds there is reasonable cause to believe that the respondent poses a significant dange…
RCW 7.105.335 Full orders—Extreme risk protection orders.
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(1) An extreme risk protection order issued after notice and a hearing must include:(a) A statement of the grounds supporting the issuance of the order;(b) The date and time the order was issued;(c) The date and time the order expires;(d) Whether a behavioral health evaluation of…
RCW 7.105.340 Surrender of firearms—Extreme risk protection orders.
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(1) Upon the issuance of any extreme risk protection order under this chapter, including a temporary extreme risk protection order, the court shall:(a) Order the respondent to surrender to the local law enforcement agency all firearms in the respondent's custody, control, or poss…
RCW 7.105.345 Firearms return and disposal—Extreme risk protection orders.
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(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to this chapter shall return any surrendered firearm requested by a respondent only after confirming, through a backgr…
RCW 7.105.350 Reporting of orders—Extreme risk protection orders.
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(1) The clerk of the court shall enter any extreme risk protection order, including temporary extreme risk protection orders, issued under this chapter into a statewide judicial information system on the same day such order is issued, if possible, but no later than the next judic…
RCW 7.105.351 Orders to be typewritten.
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Any full protection order or temporary protection order issued under this chapter after December 31, 2025, including any modifications thereof, must be typewritten in its entirety, as available in the local jurisdiction. This section does not apply to the signature of the issuing…
RCW 7.105.352 Protection order hope cards program.
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(1) The administrative office of the courts shall develop a program for the issuance of protection order hope cards. The administrative office of the courts shall develop and implement the program in collaboration with the Washington state superior court judges' association, the …
RCW 7.105.355 Sealing of records—Extreme risk protection orders.
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(1) A respondent under the age of 18, or a respondent whose extreme risk protection order was based solely on threats of self-harm by the respondent, may petition the court to have the court records sealed from public view at the time of the issuance of the full order, at any tim…
RCW 7.105.360 Certain findings and information in orders.
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(1) Orders issued by the court following a hearing must identify the persons who participated in the hearing and whether each person appeared in person, by telephone, by video, or by other electronic means. If the respondent appeared at the hearing, the order must identify that t…
RCW 7.105.362 Temporary orders to surrender and prohibit weapons—Period for reconsideration or revision.
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(1) The legislature recognizes the inherent volatility and danger associated with domestic violence, particularly when the court has made a finding that an ex parte order to surrender and prohibit weapons is necessary. The risk of domestic violence homicide is most acute when a v…
RCW 7.105.365 Errors in protection orders.
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After a protection order is issued, the court may correct clerical or technical errors in the order at any time. The court may correct errors either on the court's own initiative or upon notice to the court of an error. If the court corrects an error in an order, the court shall …
RCW 7.105.370 Sealing of records—Recommendations.
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The judicial information system committee's data dissemination committee shall develop recommendations on best practices for courts to consider for whether and when the sealing of records in protection order cases is appropriate or necessary under this chapter. The committee shal…
RCW 7.105.375 Dismissal or suspension of criminal prosecution in exchange for protection order.
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The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. Nothing in this chapter shall be construed as encouraging that practice.[ 2021 c 215 s 52.]Notes:Effective date—2022 c 268; …
RCW 7.105.400 Reissuance of temporary protection orders.
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(1) A temporary protection order issued under this chapter may be reissued for the following reasons:(a) Agreement of the parties;(b) To provide additional time to effect service of the temporary protection order on the respondent; or(c) If the court, in writing, finds good cause…
RCW 7.105.405 Renewal of protection orders—Other than extreme risk protection orders.
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The following provisions apply to the renewal of all full protection orders issued under this chapter, with the exception of the renewal of extreme risk protection orders.(1) If the court grants a protection order for a fixed time period, the petitioner or protected party may fil…