The respondent should be provided a blank confidential party information form at the time of service, and when the respondent first appears, the respondent must confirm with the court the respondent's identifying and current contact information, including electronic means of contact, and file this with the court. Repealed by 2021 c 215 170, effective If the court corrects an error in an order, the court shall provide notice of the correction to the parties and the person who notified the court of the error, and shall provide a copy of the corrected order. Increased access to technology has also increased methods of stalking. The clerk may also create a community resource list for respondents to include suicide prevention, treatment options, and resources for when children are involved in protection order cases. A No Contact Order may be (3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system. A hearing under this subsection is not necessary if the vulnerable adult has been determined to be subject to a guardianship, conservatorship, or other protective arrangement under chapter. (7) Upon the filing of an affidavit by the petitioner or any law enforcement officer alleging that the respondent has violated a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order granted under chapter. Petitioners and respondents should not incur additional charges for electronic submission for petitions and documents filed pursuant to this section. If the court determines that the vulnerable adult is not capable of protecting his or her person or estate in connection with the issues raised in the petition or order, and that the vulnerable adult continues to need protection, the court shall order relief consistent with this chapter as it deems necessary for the protection of the vulnerable adult. . Certain findings and information in orders. 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. (a)(i) Except as provided in (a)(iii) and (b)(i) of this subsection, personal service, consistent with court rules for civil proceedings, is required in: (A) Cases requiring the surrender of firearms, such as extreme risk protection orders and protection orders with orders to surrender and prohibit weapons; (B) cases that involve transferring the custody of a child or children from the respondent to the petitioner; (C) cases involving vacating the respondent from the parties' shared residence; (D) cases involving a respondent who is incarcerated; and (E) cases where a petition for a vulnerable adult protection order is filed by someone other than the vulnerable adult. (1) If the petitioner is seeking a hearing on a petition for a protection order, the respondent must be served with the petition for a protection order, any supporting declarations or other materials, the notice of hearing, any temporary protection order issued by the court, any temporary order to surrender and prohibit weapons issued by the court, and a blank confidential party information form as referred to in RCW. (1) A petition for relief shall allege the existence of stalking conduct and shall be accompanied by an affidavit made under oath stating the specific reasons that have caused the petitioner to become reasonably fearful that the respondent intends to injure the petitioner or another person, or the petitioner's property or the property of another. The court or clerk must make available electronically to judicial officers any protection orders filed within the state. If the court denies the petitioner's request to include the minor children, the court shall make written findings why the children should not be included, pending the full hearing. (4) A temporary extreme risk protection order issued expires upon the full hearing on the petition for an extreme risk protection order, unless reissued by the court. Any surrendered firearms must be handled and stored properly to prevent damage or degradation in appearance or function, and the condition of the surrendered firearms documented, including by digital photograph. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. (3) The court may issue an ex parte temporary protection order on the petition with or without a hearing. (7) Prehearing discovery under the civil court rules, including, but not limited to, depositions, requests for production, or requests for admission, is disfavored and only permitted if specifically authorized by the court for good cause shown upon written motion of a party filed six judicial days prior to the hearing and served prior to the hearing. (3) Courts shall require assurances of the identity of persons who appear by telephone, video, or other electronic means. (5) When the respondent for a protection order is under the age of 18 or is an individual subject to a guardianship or conservatorship under Title. Notice of the time and place of the evidentiary hearing must be served upon the vulnerable adult and the respondent not less than five judicial days before the hearing. (b)(i) Service by electronic means, including service by email, text message, social media applications, or other technologies, must be prioritized for all orders at the time of the issuance of temporary protection orders, except in cases where personal service is required under (a) of this subsection. . If service cannot be made, the court shall set a new hearing date and shall either require an additional attempt at obtaining service or permit service by other means authorized in this chapter. Victims who do not report the crime still may need to seek safety and protection from future interactions with the perpetrator and have a right to such safety and protection. (8) Upon filing a petition for a protection order, the petitioner may request that the court enter an ex parte temporary protection order and an order to surrender and prohibit weapons without notice until a hearing on a full protection order may be held. For permanent orders, the court shall set the date to expire 99 years from the issuance date. (18) "Hospital" means a facility licensed under chapter. Conduct short of voluntary agreement does not constitute consent as a matter of law. (ii) When constitutionally required to be admitted. If the court has entered an order that prohibits the respondent from possessing or purchasing a firearm, the law enforcement agency shall also enter the order into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms. The court has broad discretion to grant such relief as the court deems proper, including the forms of relief listed in RCW. Before dismissing or granting a petition due to the petitioner or respondent not appearing for a remote hearing, or the court not being able to reach the party via telephone or video, the court shall check for any notifications to the court regarding issues with remote access or other technological difficulties. (12) "Facility" means a residence licensed or required to be licensed under chapter. Dismissal or suspension of criminal prosecution in exchange for protection order. (10) "Electronic monitoring" has the same meaning as in RCW. (2) The court may authorize multiple methods of service permitted by this section and may consider use of any address determined by the court to be appropriate in order to authorize service that is reasonably probable to provide actual notice. (1)(a) By January 1, 2023, county clerks on behalf of all superior courts and, by January 1, 2026, all courts of limited jurisdiction, must permit petitions for protection orders and all other filings in connection with the petition to be submitted as preferred by the petitioner either: (i) In person; (ii) remotely through an electronic submission process; or (iii) by mail for persons who are incarcerated or who are otherwise unable to file in person or remotely through an electronic system. Arraignment No-contact order. The prevalence of anxiety, insomnia, social dysfunction, and severe depression is much higher among stalking victims than among the general population. (1) The clerk of the court shall enter any protection order, including temporary protection orders, issued under this chapter into a statewide judicial information system on the same day such order is issued, if possible, but no later than the next judicial day. (2) Washington state has enacted six different types of civil protection orders: (a) Domestic violence protection orders, adopted by the legislature in 1984; (b) vulnerable adult protection orders, adopted by the legislature in 1986; (c) antiharassment protection orders, adopted by the legislature in 1987; (d) sexual assault protection orders, adopted by the legislature in 2006; (e) stalking protection orders, adopted by the legislature in 2013; and (f) extreme risk protection orders, enacted by a vote of the people through Initiative Measure No. (4) The court shall not take any of the following actions in issuing a protection order. (b) A person is guilty of a class C felony for a violation under (a) of this subsection if the person has two or more previous convictions for violating an order issued under this chapter. (2) The law enforcement officer serving any extreme risk protection order under this chapter, including a temporary extreme risk protection order, shall request that the respondent immediately surrender all firearms in his or her custody, control, or possession, and any concealed pistol license issued under RCW. (1) Where it appears from the petition and any additional evidence that the respondent has engaged in conduct against the petitioner that serves as a basis for a protection order under this chapter, and the petitioner alleges that serious immediate harm or irreparable injury could result if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order, pending a full hearing. Nothing in this chapter shall be construed as encouraging that practice. You must surrender to the (insert name of local law enforcement agency) all firearms in your custody, control, or possession, and any concealed pistol license issued to you under RCW. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. 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. An "ex parte temporary protection order" means a temporary protection order that is issued without prior notice to the respondent. (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. 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. (1) A respondent under the age of 18, or a respondent whose extreme risk protection order was based solely on threats of self-harm by the respondent, may petition the court to have the court records sealed from public view at the time of the issuance of the full order, at any time during the life of the order, or at any time after its expiration. (1) Orders issued by the court following a hearing must identify the persons who participated in the hearing and whether each person appeared in person, by telephone, by video, or by other electronic means. If the first attempt is not successful, no fewer than two additional attempts should be made to serve the order, particularly for respondents who present heightened risk of lethality or other risk of physical harm to the petitioner or petitioner's family or household members. (vi) Engaging in psychological aggression, including inflicting fear, humiliating, degrading, or punishing the other party. (3) To ensure that a petitioner is not delayed in receiving a hearing on a petition for a protection order, there is a rebuttable presumption that a temporary protection order should not be reissued more than once or for more than 30 days at the request of the respondent, absent agreement of the parties, good cause, or the need to provide additional time to effect service. Relief for temporary and full protection orders, Law enforcement stand-by to recover possessions. The following apply to all petitions for protection orders under this chapter. (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. (b) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member. Studies show that individuals who engage in certain dangerous behaviors are significantly more likely to commit violence toward themselves or others in the near future. (h) A party attending a hearing remotely who is unable to participate in the hearing outside the presence of others who reside with the party, but who are not part of the proceeding including, but not limited to, children, and who asserts that the presence of those individuals may hinder the party's testimony or the party's ability to fully and meaningfully participate in the hearing, may request a continuance on that basis. . (1) By December 30, 2022, the administrative office of the courts shall: (a) Develop and distribute standard forms for petitions and orders issued under this chapter, and facilitate the use of online forms for electronic filings. (4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order. (1) There exists an action known as a petition for a protection order. When domestic violence victims seek to separate from their abuser, they face increased risks. (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. The form should be created with the presumption that it will also be used by the respondent to provide all current contact information needed by the court and law enforcement, and full identifying information for improved data entry. 1. Victims are in the best position to know what their safety needs are and should be able to seek these crucial protections without having to rely on the criminal legal system process. (6) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent, but has failed to obtain the issuance of a civil antiharassment protection order, unless good cause for such failure can be shown. No later than three judicial days before the hearing, the parties may request to appear at the hearing, with witnesses, remotely by telephone, video, or other electronic means. . (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. 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. (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. (5) The order shall specify the date the order expires, if any. The superior court to which the case is being transferred shall determine whether to grant any request for a continuance. (b) Recognizing that an extreme risk protection order may need to be issued outside of normal business hours, courts shall allow law enforcement petitioners to petition after hours for a temporary extreme risk protection order using an on-call, after-hours judge, as is done for approval of after-hours search warrants. Filing fees will be charged for antiharassment protection orders unless the petitioner is seeking the order against a person the court determines has engaged in: acts of stalking as defined in (2) During the hearing, the court shall consider whether a behavioral health evaluation is appropriate, and may order such evaluation if appropriate. Chapter 7.92.150 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT Sections 7.92.010 Intent-Finding. (1) In issuing any type of protection order, other than an ex parte temporary antiharassment protection order as limited by subsection (2) of this section, and other than an extreme risk protection order, the court shall have broad discretion to grant such relief as the court deems proper, including an order that provides relief as follows: (a) Restrain the respondent from committing any of the following acts against the petitioner and other persons protected by the order: Domestic violence; nonconsensual sexual conduct or nonconsensual sexual penetration; sexual abuse; stalking; acts of abandonment, abuse, neglect, or financial exploitation against a vulnerable adult; and unlawful harassment; (b) Restrain the respondent from making any attempts to have contact, including nonphysical contact, with the petitioner or the petitioner's family or household members who are minors or other members of the petitioner's household, either directly, indirectly, or through third parties regardless of whether those third parties know of the order; (c) Exclude the respondent from the residence that the parties share; (d) Exclude the respondent from the residence, workplace, or school of the petitioner; or from the day care or school of a minor child; (e) Restrain the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location including, but not limited to, a residence, school, day care, workplace, the protected party's person, and the protected party's vehicle. The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent. The parent or legal guardian is responsible for costs unless the parent or legal guardian demonstrates inability to pay; (i) In cases where the petitioner and the respondent are students who attend the same public or private elementary, middle, or high school, the court, when issuing a protection order and providing relief, shall consider, among the other facts of the case, the severity of the act, any continuing physical danger, emotional distress, or educational disruption to the petitioner, and the financial difficulty and educational disruption that would be caused by a transfer of the respondent to another school. 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. (1) Before ruling on an order under this chapter, the court shall consult the judicial information system to determine the criminal history, history of criminal victimization, history of being a respondent or petitioner in a protection order proceeding, or pendency of other proceedings involving the parties. (3) The information entered into the computer-based criminal intelligence information system must include notice to law enforcement on whether the order was personally served, served by electronic means, served by publication, or served by mail. In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. The court shall require a showing that the respondent has surrendered any firearms in the respondent's custody, control, or possession, and any concealed pistol license issued under RCW, (7)(a) If a court finds at the compliance review hearing, or any other hearing where compliance with the order is addressed, that there is probable cause to believe the respondent was aware of, and failed to fully comply with, the order, failed to appear at the compliance review hearing, or violated the order after the court entered findings of compliance, pursuant to its authority under chapter. (3) If the respondent does not appear for the full hearing and there is no proof of timely and proper service on the respondent, the court shall reissue any temporary protection order previously issued and reset the hearing date. "Physical abuse" includes, but is not limited to, striking with or without an object, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding. 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. Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. If a party was unable to provide the notification regarding issues with remote access or other technological difficulties on the day of the hearing prior to the court's ruling, that party may seek relief via a motion for reconsideration; and. Stalking is distinct from common acts of harassment or nuisance covered by antiharassment orders, and law enforcement agencies need to be able to rely on orders that distinguish stalking from acts of harassment or nuisance. (3) The gender and justice commission shall provide a brief report of its recommendations to the legislature for subsection (1)(e) through (g) of this section by December 1, 2021, and, for subsection (1)(a) through (d) of this section, provide recommendations to the courts by July 1, 2022. (2)(a) Courts shall prioritize hearings on petitions for ex parte temporary protection orders over less emergent proceedings. (2)(a) If a protection order restrains the respondent from contacting the respondent's minor children, the restraint must be for a fixed period not to exceed one year. (22) "Judicial day" means days of the week other than Saturdays, Sundays, or legal holidays. (29) "Physical restraint" means the application of physical force without the use of any device, for the purpose of restraining the free movement of a vulnerable adult's body. The petitioner is required to fill out the confidential party information form to the petitioner's fullest ability. In considering the request, the court should consider the rebuttable presumption against delay and the purpose of this chapter to provide victims quick and effective relief. Service of the summons is considered complete on the date of the third publication when publication has been made for three consecutive weeks. The evidence shall be admissible at the hearing to the extent an order made by the court specifies the evidence that may be admitted. The parent or legal guardian is responsible for costs unless the parent or legal guardian demonstrates inability to pay; (k) Restrain the respondent from harassing, following, monitoring, keeping under physical or electronic surveillance, cyber harassment as defined in RCW. 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. (7) Appearances required under this section are mandatory and cannot be waived. (6) The court shall not deny a motion to renew a protection order for any of the following reasons: (a) The respondent has not violated the protection order previously issued by the court; (b) The petitioner or the respondent is a minor; (c) The petitioner did not report the conduct giving rise to the protection order, or subsequent violations of the protection order, to law enforcement; (d) A no-contact order or a restraining order that restrains the respondent's contact with the petitioner has been issued in a criminal proceeding or in a domestic relations proceeding; (e) The relief sought by the petitioner may be available in a different action or proceeding; (f) The passage of time since the last incident of conduct giving rise to the issuance of the protection order; or. 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 (5) If the court declines to issue a protection order, the court shall state in writing the particular reasons for the court's denial. . When a petition and supporting documents for a protection order are submitted to the clerk after business hours, they must be processed as soon as possible on the next judicial day. 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. The summons must contain the date of the first publication, and shall require the respondent upon whom service by publication is desired to appear and answer the petition on the date set for the hearing. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. (c) Courts may make the community resource lists specified in (a) and (b) of this subsection available as part of, or in addition to, the informational brochures described in subsection (1) of this section, and should accept from the programs that provided the resource lists translations of them into the languages spoken by the county's top five significant non-English-speaking populations. . . Some cases where rape is reported are not prosecuted or do not lead to a conviction. . Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section. Sec. (1) To minimize delays and the need for more hearings, which can hinder access to justice and undermine judicial economy, to lessen costs, to guarantee actual notice to the respondent, and to simplify and modernize processes for petitioners, respondents, law enforcement, and the courts, the following methods of service are authorized for protection order proceedings, including petitions, temporary protection orders, reissuances of temporary protection orders, full protection orders, motions to renew protection orders, and motions to modify or terminate protection orders. (b) In determining whether the course of conduct serves any legitimate or lawful purpose, a court should consider whether: (i) Any current contact between the parties was initiated by the respondent only or was initiated by both parties; (ii) The respondent has been given clear notice that all further contact with the petitioner is unwanted; (iii) The respondent's course of conduct appears designed to alarm, annoy, or harass the petitioner; (iv) The respondent is acting pursuant to any statutory authority including, but not limited to, acts which are reasonably necessary to: (A) Protect property or liberty interests; (C) Meet specific statutory duties or requirements; (v) The respondent's course of conduct has the purpose or effect of unreasonably interfering with the petitioner's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner; or.
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