How to Drop or Dismiss a Domestic Violence Protection Order in Washington State

Sometimes, circumstances change after a Domestic Violence Protection Order (DVPO) is granted. The protected person (the petitioner) may wish to reconcile with the restrained person (the respondent) or determine that the order is no longer necessary. However, in Washington State, you cannot simply tear up the paperwork and ignore the order. The order remains a legally binding document until a judge formally signs an order terminating it. If the respondent contacts you before the judge officially dismisses the order, they can still be arrested for a crime.

Because the court process is strict and judges are highly cautious about dismissing these orders, we encourage you to use our USA Lawyers directory to find an experienced Washington family law attorney to help you present your case safely and correctly.

Step-by-Step Process to Dismiss a DVPO in Washington

Whether your order was issued in Olympia, Kent, or Yakima, the process to modify or terminate a civil protection order is governed by Wash. Rev. Code § 7.105.500. You will return to the exact same court that issued the original order, such as the Thurston County Superior Court, Olympia or the Yakima County Superior Court, Yakima.

Step 1: Filing the Motion to Terminate

The process begins by filing the correct paperwork. The petitioner must fill out Form PO 063, Washington, State Courts, Motion to Modify or Terminate Protection Order. In this document, you must explain in detail why you want the order dropped. You need to articulate why you no longer fear the respondent and what has changed since the order was originally granted (for example, the respondent has completed anger management or substance abuse treatment).

Step 2: Attending the Required Court Hearing

Once you file the motion, the court clerk will schedule a hearing. Both parties typically must attend. During this hearing, the judge will ask you direct questions. Their primary goal is to ensure you are making this decision completely voluntarily. They want to hear you speak to confirm you are not being forced, threatened, or manipulated by the respondent to drop the order.

Why Would a Judge Deny the Dismissal?

Judges are very aware of the "Cycle of Violence." Under Washington law, a judge is not required to dismiss a DVPO just because the petitioner asks for it. If the judge suspects coercion, if there is a severe history of physical violence, or if the judge believes minor children are still in danger, the judge has the legal authority to deny the motion and keep the order in place to protect you and the public.

Dropping a Civil DVPO vs. a Criminal No-Contact Order

It is vital to understand that dropping a civil DVPO does absolutely nothing to drop a criminal No-Contact Order (NCO). If the respondent was arrested and the prosecutor initiated an NCO, you (the victim) cannot file a motion to dismiss it. You can contact the prosecutor's office or victim advocate to express your desire to have the NCO dropped, but only the prosecutor can ask the judge to lift a criminal NCO. If you drop the civil DVPO but the criminal NCO remains, the respondent still cannot legally contact you.

How Much Does it Cost in Washington State?

Filing a motion to drop a DVPO is meant to be accessible, so the court fees are minimal or nonexistent.

How Long Does the Process Take?

After you submit the Motion to Terminate, getting a hearing date usually takes between 14 and 30 days, depending on how busy the specific courthouse is. The judge will make their decision at the hearing. If the judge signs the Order to Terminate, it goes into effect immediately, and the court clerk will notify law enforcement to remove the order from the state database.

Frequently Asked Questions (FAQ)