ELAP recently stood with survivors in the Washington Court of Appeals to protect long-term safety.
In the case Woods v. Owens, an abuser tried to terminate a 25-year-old protection order by arguing he had “checked the boxes” of treatment and good behavior. We joined our partners to file an amicus brief and successfully moved to have the court’s decision published.
The court’s ruling was clear:
- A survivor does not have to re-prove their fear to maintain an existing order.
- Judges have the discretion to prioritize safety over an abuser’s “mathematical” interpretation of the law.
- The burden remains on the abuser to prove they are no longer a threat.
Justice isn’t a checklist.
(The abusive party has filed a Petition for Review with the Washington Supreme Court. ELAP will continue to monitor this important issue.)
