Table 3.
Courts’ reasonable cause findings for issued temporary ERPOs
| Reasonable Cause for temporary ERPO2 |
Risk to Self only N= 29 (40%) |
Risk to Others only N= 19 (27%) |
Risk to Self and Others N= 24 (33%) |
Total N= 721 |
| a. Violence and threats | 28 (97%) | 15 (79%) | 19 (79%) | 62 (86%) |
| b. Pattern of violence | 8 (28%) | 13 (68%) | 13 (54%) | 34 (47%) |
| c. Brandished | 11 (38%) | 12 (63%) | 9 (38%) | 32 (44%) |
| d. Dangerous Mental Health Issues3 | 10 (34%) | 6 (32%) | 13 (54%) | 29 (40%) |
| e. Substance Use | 8 (28%) | 5 (26%) | 6 (25%) | 19 (26%) |
| f. Intent to obtain | 7 (24%) | 2 (11%) | 6 (25%) | 15 (21%) |
| g. Felony Crime | 0 (0%) | 6 (32%) | 8 (33%) | 14 (19%) |
| h. Force | 1 (3%) | 7 (37%) | 6 (25%) | 14 (19%) |
| i. DV Crime | 0 (0%) | 6 (32%) | 7 (29%) | 13 (18%) |
| j. Access | 7 (24%) | 2 (11%) | 3 (13%) | 12 (17%) |
| k. Recently Acquired | 5 (17%) | 2 (11%) | 3 (13%) | 10 (14%) |
| l. Violated PO | 0 (0%) | 2 (11%) | 1 (4%) | 3 (4%) |
| m. Stalking | 0 (0%) | 3 (16%) | 0 (0%) | 3 (4%) |
| n. Other | 1 (3%) | 3 (16%) | 1 (4%) | 5 (7%) |
| Petition Outcome |
Risk to Self only N= 30 (40%) |
Risk to Others only N= 20 (27%) |
Risk to Self and Others N= 25 (33%) |
Total N= 75 |
| Temp ERPO Granted | 30 (100%) | 20 (100%) | 25 (100%) | 75 (100%) |
| Full ERPO Granted | 26 (87%) | 18 (90%) | 21 (84%) | 65 (86%) |
| Full ERPO Denied | 4 (13%) | 2 (10%) | 2 (8%) | 8 (11%) |
| Case Dismissed | 0 (0%) | 0 (0%) | 2 (8%) | 2 (3%) |
1In three cases (one each from risk to self, risk to others, and risk to self and others), the temporary ERPO was issued, but no reasonable cause was selected
2Reasonable causes for ERPO are:
a. Violence: Respondent has recently committed or threatened violence against self or others, whether or not respondent had a firearm
b. Pattern: Respondent has shown, within the past 12 months, a pattern of acts or threats of violence, which can include violent acts against self or others
c. Brandished: Respondent has unlawfully or recklessly used, displayed, or brandished a firearm
d. Dangerous mental health issues: Behaviors that present an imminent threat of harm to self or others
e. Substance use: There is corroborative evidence of the respondent’s abuse of alcohol or controlled substances
f. Intent to obtain: Respondent expressed intent to obtain a firearm(s)
g. Felony crime: Respondent has been arrested for or convicted of a felony offence or violent crime
h. Force: Respondent has a history of use, attempted use, or threatened use of physical force against another person
i. DV crime: Respondent has been arrested for or convicted of a domestic violence crime
j. Access: Respondent has access to someone else’s firearms
k. Recently aquired: Respondent recently acquired a firearm
l. Violated PO: Respondent violated a civil or criminal protection order, no-contact order or restraining order. m. Stalking: Respondent has a history of stalking another person
n. Other
3In 2019, Washington amended its law to replace “dangerous mental health issues” with “behaviors that present an imminent threat of harm to self or others”