(v) Order other relief as it deems necessary for the protection of the petitioner and other family or household members who are minors or vulnerable adults for whom the petitioner has sought protection, including orders or directives to a law enforcement officer, as allowed under this chapter. There can be situations where the applicant contacts the respondent. For cases specified in (a)(i)(A) through (D) of this subsection, once firearms and concealed pistol licenses have been surrendered and verified by the court, or there is evidence the respondent does not possess firearms, the restrained party has been vacated from the shared residence, or the custody of the child or children has been transferred, per court order, or the respondent is no longer incarcerated, then subsequent motions and orders may be served electronically. The order shall also state whether the court issued the protection order following personal service, service by electronic means, service by mail, or service by publication, and whether the court has approved service by mail or publication of an order issued under this section. (e) To the extent feasible, and considered best practice by the center for court research, the evaluation should also: Gather qualitative information from survivors of domestic violence, legal counsel, protection order advocates and court navigators, court clerks, and judicial officers; and include analysis of any disproportionate impact on survivors by race, immigration status, language, gender, sexual orientation, or disability. (2) "Abuse," for the purposes of a vulnerable adult protection order, means intentional, willful, or reckless action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. (5) The order shall specify the date the order expires, if any. . The form should also prompt the petitioner to disclose on the form whether the person who the petitioner is seeking to restrain has a disability, brain injury, or impairment requiring special assistance; and. (21)(a) "Isolate" or "isolation" means to restrict a person's ability to communicate, visit, interact, or otherwise associate with persons of his or her choosing. (3) These civil protection orders are essential tools designed to address significant harms impacting individuals as well as communities. After you submit the Protection Order petition to District Court for Anti-Harassment or Stalking, you will need to contact us as soon as possible online through Live Chat, by phone at (253) After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order. This chapter does not affect the ability of a law enforcement officer to remove a firearm or concealed pistol license from any person or to conduct any search and seizure for firearms pursuant to other lawful authority. (4) In proceedings where the petitioner alleges that the respondent engaged in stalking, the court may not require proof of the respondent's intentions regarding the acts alleged by the petitioner. (6) If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court's denial. The possible parameters for such a study would be as follows: (a) The center for court research may engage or partner with other researchers with expertise in intimate partner violence, coercive control, civil protection order processes, and related research to conduct the study or help with study design, duration, methods, measurements, data collection, and analysis. (1) Upon a motion with notice to all parties and after a hearing, the court may modify the terms of an existing protection order or terminate an existing order. The clerk shall identify the party as a person who needs interpreter services and the clerk or the court administrator shall be responsible for ensuring that an interpreter is available for every subsequent hearing. (22) "Judicial day" means days of the week other than Saturdays, Sundays, or legal holidays. If the restrained person is the legal or biological parent of the child, a hearing must be set and notice given to the restrained person prior to final modification of the full protection order. (a) The court may not order the petitioner to obtain services including, but not limited to, drug testing, victim support services, a mental health assessment, or a psychological evaluation. An "ex parte temporary protection order" means a temporary protection order that is issued without prior notice to the respondent. "Physical abuse" includes, but is not limited to, striking with or without an object, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding. If the court did not enter a temporary protection order, the evidentiary hearing must be held within 14 days of the prior hearing on the petition. Harmonizing and standardizing provisions where there is not a need for a specific, different approach can provide more uniformity among the laws and significantly reduce these obstacles. The stalking violates a protection order that protects the victim. Chapter 7.92 RCW Dispositions: JENNIFER PAULSON STALKING PROTECTION ORDER ACT RCWs > Dispositions > Title 7 > Chapter 7.92 Chapter 7.92 RCW Dispositions JENNIFER If timely service cannot be made, the court may set a new hearing date. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. 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. (b) To determine admissibility, a written motion must be made six judicial days prior to the protection order hearing. . All attempts at service must be documented on a proof of service form and submitted to the court in a timely manner; (4) If service cannot be completed within 10 calendar days, the law enforcement officer shall notify the petitioner. (c) The order to show cause served upon the respondent shall state the date, time, and location of the hearing, and shall include a warning that the respondent may be held in contempt of court if the respondent fails to promptly comply with the terms of the extreme risk protection order and a warning that an arrest warrant could be issued if the respondent fails to appear on the date and time provided in the order to show cause. (f) Any coerced or forced touching or fondling by a child under the age of 16, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others. Any list must be made available in print and online. (14) The Indian child welfare act applies in the following manner. Petitioners and respondents should not incur additional charges for electronic submission for petitions and documents filed pursuant to this section. RCW 7.105.100(5) 25 FILING 26 Age lowered 15 years or older may petition for protection order (except VAPO) For SAPOs, AHOs, Stalking POs: can file on behalf of another person who is unable to file themselves but is not a vulnerable adult Court must not require filing of duplicate or working copies unless they cannot be scanned or are illegible If a petitioner is seeking relief based on domestic violence, nonconsensual sexual conduct, nonconsensual sexual penetration, or stalking, the petitioner may, but is not required to, seek a domestic violence, sexual assault, or stalking protection order, rather than an antiharassment order. (26) "Nonconsensual" means a lack of freely given consent. (10) "Electronic monitoring" has the same meaning as in RCW. The petitioner may petition for an antiharassment protection order on behalf of: (2) With the exception of vulnerable adult protection orders, a person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. (b) Upon conviction, and in addition to any other penalties provided by law, the court: (i) May require that the respondent submit to electronic monitoring. The court shall consider the ability of the respondent to pay for an evaluation. (ii) Acts that prevent or obstruct a person from meeting with others, such as telling a prospective visitor or caller that the person is not present or does not wish contact, where the statement is contrary to the express wishes of the person. ( RCW 9A.46.040) May be issued in criminal cases involving a crime of harassment prohibiting a defendant from contacting victims of or witnesses to such a crime. (3) A petition must be accompanied by a declaration signed under penalty of perjury stating the specific facts and circumstances for which relief is sought. Any reunification therapy provider should be made aware of the respondent's history of domestic violence and should have training and experience in the dynamics of intimate partner violence. (c) For extreme risk protection orders, the court shall also provide a parent, guardian, or conservator of the respondent with written notice of the legal obligation to safely secure any firearm on the premises and the potential for criminal prosecution if a prohibited person were to obtain access to any firearm. A petitioner who has been stalked by an intimate partner or a family or household member should, but is not required to, seek a domestic violence protection order, rather than a stalking protection order. Publication must be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. The court shall set a hearing only if the court finds that adequate cause is established. (3) The information entered into the computer-based criminal intelligence information system must include notice to law enforcement whether the order was personally served, served by electronic means, served by publication, or served by mail. (5) The same interpreter shall not serve parties on both sides of the proceeding when not on the record, nor shall the interpreter appointed by the court for the proceeding be the same interpreter appointed for any court-ordered assessments, unless the court finds good cause on the record to do so because it is not possible to obtain more than one interpreter for the proceeding, or the safety of the litigants is not compromised, or any other reasons identified by the court. Repealed by 2021 c 215 170, effective July 1, 2022. [2013 c 84 1.] After a protection order is issued, the court may correct clerical or technical errors in the order at any time. The nonmoving parties to the proceeding may file opposing declarations. . The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (2)(a) When the jurisdiction of a district court is limited to the issuance and enforcement of a temporary protection order, the district court shall set the full hearing in superior court and transfer the case, indicating in the transfer order the circumstances and findings supporting transfer to the superior court. 1. (3) Transfer procedures, court calendars, and judicial officer assignment must further the goals of this chapter to: Minimize delay; make the system less complex; provide sufficient victim support, consistency, safety, timeliness, and procedural fairness; enable comprehensive use of electronic filing, case tracking, and records management systems; provide for judicial officers with expertise and training in protection orders and trauma-informed practices and continuity of judicial officers at each hearing so the judicial officer will have greater familiarity with the parties, history, and allegations; and help ensure that there is compliance with timely and comprehensive firearms relinquishment to reduce risk of harm. (b) "Mental abuse" means an intentional, willful, or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult. (a) A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that serves no legitimate or lawful purpose. (ii) Shall impose a fine of $15, in addition to any penalty or fine imposed, for a violation of a domestic violence protection order issued under this chapter. (b) For extreme risk protection order hearings where a law enforcement agency is the petitioner, the court shall prioritize scheduling because of the importance of immediate temporary removal of firearms in situations of extreme risk and the goal of minimizing the time law enforcement must otherwise wait for a particular case to be called, which can hinder their other patrol and supervisory duties. (4) If the court determines that the vulnerable adult is capable of protecting his or her person or estate in connection with the issues raised in the petition, and the vulnerable adult continues to object to the protection order, the court shall dismiss the order or may modify the order if agreed to by the vulnerable adult. It is a nonconfrontational. (10) When a petitioner has alleged incapacity to consent to sexual conduct or sexual penetration due to intoxicants, alcohol, or other condition, the court must determine on the record whether the petitioner had the capacity to consent. Service must be made on the respondent not less than five judicial days before the hearing, as provided in RCW. (c) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee. (1) The administrative office of the courts, through the gender and justice commission of the Washington state supreme court, and with the support of the Washington state women's commission, shall work with representatives of superior, district, and municipal court judicial officers, court clerks, and administrators, including those with experience in protection order proceedings, as well as advocates and practitioners with expertise in each type of protection order, and others with relevant expertise, to consider and develop recommendations regarding: (a) Uses of technology to reduce administrative burdens in protection order proceedings; (b) Improving access to unrepresented parties in protection order proceedings, including promoting access for pro bono attorneys for remote protection order proceedings, in consultation with the Washington state bar association; (c) Developing best practices for courts when there are civil protection order and criminal proceedings that concern the same alleged conduct; (d) Developing best practices in data collection and sharing, including demographic information, in order to promote research and study on protection orders and transparency of protection order data for the public, in partnership with the Washington state center for court research, the Washington state institute for public policy, the University of Washington, and the urban Indian health institute; (e) Developing best practices, including proposed training and necessary forms, in partnership with the Washington tribal state court consortium, to address how: (i) Washington state court judges of all levels can see the existence of, and parties to, tribal court, military, and other jurisdiction protection orders, in comity with similar state court orders; (ii) Tribal courts can enter their protection orders into the judicial information system used by courts to check for conflicting orders and history; and. Courts must consider on the record the following factors: (a) The extent to which a defendant's Fifth Amendment rights are or are not implicated, given the special nature of protection order proceedings, which burden a defendant's Fifth Amendment privilege substantially less than do other civil proceedings; (b) Similarities between the civil and criminal cases; (d) The interests of the petitioners in proceeding expeditiously with litigation and the potential prejudice and risk to petitioners of a delay; (e) The burden that any particular aspect of the proceeding may impose on respondents; (f) The convenience of the court in the management of its cases and the efficient use of judicial resources; (g) The interests of persons not parties to the civil litigation; and. . When the order requires the respondent to vacate the parties' shared residence, law enforcement shall take reasonable steps to ensure that the respondent has left the premises and is on notice that his or her return is a violation of the terms of the order. (5) Hearings may be conducted upon the information provided in the sworn petition, live testimony of the parties should they choose to testify, and any additional sworn declarations. In addition to copies of all pleadings filed by the petitioner, the petitioner shall provide a written notice to the vulnerable adult using a standard notice form developed by the administrative office of the courts. Reporting of modification or termination of order. . (3) A temporary extreme risk protection order must include: (a) A statement of the grounds asserted for the order; (b) The date and time the order was issued; (d) The address of the court in which any responsive pleading should be filed; (e) The date and time of the scheduled hearing; (f) A description of the requirements for the surrender of firearms under RCW, (g) The following statement: "To the subject of this protection order: This order is valid until the date and time noted above. (c) A petition for a stalking protection order, which must allege the existence of stalking committed against the petitioner or petitioners by the respondent. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. Where the option is available, for safety purposes, the court should arrange for petitioners to leave the court premises first and to have court security escort petitioners to their vehicles or transportation. (3) Nothing in this section changes the requirement for the order to be entered into, and maintained in, computer-based systems as required in RCW. The order is fully enforceable in any county in the state. (b) To provide relevant information to the court to determine compliance with the order, the court may allow the prosecuting attorney or city attorney to question the respondent regarding compliance. (4) If a law enforcement agency receives a protection order for entry or service, but the order falls outside the agency's jurisdiction, the agency may enter and serve the order or may immediately forward it to the appropriate law enforcement agency for entry and service, and shall provide documentation back to the court verifying which law enforcement agency has entered and will serve the order. (1) If the court grants a protection order for a fixed time period, the petitioner may file a motion to renew the order at any time within the 90 days before the order expires. HTML PDF: 9A.46.055: Court-initiated stalking no-contact orders. (3) To promote judicial economy and reduce delays, for respondents who are able to be served electronically, the respondent, or the parent or guardian of the respondent for respondents under the age of 18 or the guardian or conservator of an adult respondent, shall be required to provide his or her electronic address or electronic account associated with an email, text messaging, social media application, or other technology by filing the confidential party information form referred to in RCW. If the court finds that the motion and related documents should be sealed pursuant to court rule and governing law, it may enter an order sealing the documents. The instructions must provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. (4) The court nearest to the petitioner's residence or former residence under subsection (3) of this section. (3) If the nonmoving party was served before the hearing, but less than five judicial days before the hearing, it is not necessary to re-serve materials that the nonmoving party already received, but any new notice of hearing and reissued order must be served on the nonmoving party. (2) Service is completed on the day the respondent is served personally, on the date of transmission for electronic service, on the 10th calendar day after mailing for service by mail, or on the date of the third publication when publication has been made for three consecutive weeks for service by publication. Any assistance or information provided by clerks under this chapter, or any assistance or information provided by any person, including court clerks, employees of the department of social and health services, and other court facilitators, to complete the forms provided by the court, does not constitute the practice of law, and clerks are not responsible for incorrect information contained in a petition. If an additional evidentiary hearing is ordered and the court determines that there is reason to believe that there is a genuine issue about whether the vulnerable adult is unable to protect his or her person or estate in connection with the issues raised in the petition or order, the court may issue a temporary protection order of the vulnerable adult pending a decision after the evidentiary hearing. Such requests may be granted in the court's discretion. (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 proceedings must be transferred from district court to superior court when: (a) A superior court has exercised or is exercising jurisdiction over a proceeding involving the parties; (b) The action would have the effect of interfering with a respondent's care, control, or custody of the respondent's minor child; (c) The action would affect the use or enjoyment of real property for which the respondent has a cognizable claim or would exclude a party from a shared dwelling; (d) The petitioner, victim, or respondent to the petition is under 18 years of age; or, (e) The district court is unable to verify whether there are potentially conflicting or related orders involving the parties as required by RCW. The legislature finds the prevention of such harassment is an important governmental objective, and that victims should have access to a method to prevent further contact between the victim and perpetrator. The summons must also contain a brief statement of the reason for the petition and a summary of the provisions under the temporary protection order. Extreme risk protection orders allow for the temporary removal of the most lethal means of suicide from the situation, saving lives of those at risk. Petitioners shall be provided the necessary number of certified copies, forms, and instructional brochures free of charge, including a copy of the service packet that consists of all documents that are being served on the respondent. Domestic violence victims also face increased risks when their abuser has access to firearms. (28) "Petitioner" means any named petitioner or any other person identified in the petition on whose behalf the petition is brought. (5) If the court does not set a full hearing, the petitioner may file an amended petition within 14 days of the court's denial. Petitioner or person on whose behalf order sought is a vulnerable adult and has Repealed by 2021 c 215 170, effective (3) Transfer procedures, court calendars, and judicial officer assignment must further the goals of this chapter to: Minimize delay; make the system less complex; provide sufficient victim support, consistency, safety, timeliness, and procedural fairness; enable comprehensive use of electronic filing, case tracking, and records management systems; provide for judicial officers with expertise and training in protection orders and trauma-informed practices and continuity of judicial officers at each hearing so the judicial officer will have greater familiarity with the parties, history, and allegations; and help ensure that there is compliance with timely and comprehensive firearms relinquishment to reduce risk of harm. (1) When the court issues an antiharassment protection order under this chapter, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in this section for a violation of the order unless the respondent knows of the order. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. (4)(a) "Coercive control" means a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person's free will and personal liberty. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties. (a) Upon receipt of the motion to renew, the court shall order that a hearing be held not later than 14 days from the date the order issues. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. (d) For a vulnerable adult protection order, that the petitioner has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect by the respondent. (8) The rules of evidence need not be applied, other than with respect to privileges, the requirements of the rape shield statute under RCW. (1) Whether or not the petitioner has retained an attorney, a sexual assault or domestic violence advocate, as defined in RCW. Conduct short of voluntary agreement does not constitute consent as a matter of law. The court has discretion not to disclose information that the court does not propose to consider. The order must remain in the computer until the expiration date specified on the order. Minors are presumed to be unable to pay. The superior courts have jurisdiction over extreme risk protection order proceedings under this chapter. (9) A court may require the respondent to pay the petitioner for costs incurred in responding to a motion to modify or terminate a protection order, including reasonable attorneys' fees. If a temporary protection order is reissued, the court shall reset the hearing date not later than 14 days from the reissue date. proved the required criteria for the following protection order under Chapter 7.105 RCW. 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 tempore, should receive evidence-based training on procedural justice, trauma-informed practices, gender-based violence dynamics, coercive control, elder abuse, juvenile sex offending, teen dating violence, and requirements for the surrender of weapons before presiding over protection order hearings. Out-of-state child custody jurisdictional issues. Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order.
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