Washington Code 7.105.505 – Termination — Extreme risk protection orders
Current as of: 2023 | Check for updates
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This section applies to the termination of extreme risk protection orders.
Terms Used In Washington Code 7.105.505
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued under this chapter every 12-month period that the order is in effect, starting from the date of the order and continuing through any renewals.
(2) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. The hearing must occur no sooner than 14 days and no later than 30 days from the date of service of the request upon the petitioner.
(3) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having in his or her custody or control, accessing, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm or other dangerous weapons. The court may consider any relevant evidence, including evidence of the considerations listed in RCW 7.105.215.
(4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order.
[ 2021 c 215 § 62.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.