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Such requests may be granted in the court's discretion. (2) If the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and statement of the reason for the requested renewal. (8) The court may renew the protection order for another fixed time period of no less than one year, or may enter a permanent order as provided in this section. Reissuance of temporary protection orders. Such appearance does not constitute the unauthorized practice of law. (19) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of a vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests. 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. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated. Venue. The petitioner may petition for a sexual assault protection order on behalf of: (ii) A minor child, where the petitioner is the parent, legal guardian, or custodian; (iii) A vulnerable adult, where the petitioner is an interested person; or. Examples of coercive control include, but are not limited to, engaging in any of the following: (i) Intimidation or controlling or compelling conduct by: (A) Damaging, destroying, or threatening to damage or destroy, or forcing the other party to relinquish, goods, property, or items of special value; (B) Using technology to threaten, humiliate, harass, stalk, intimidate, exert undue influence over, or abuse the other party, including by engaging in cyberstalking, monitoring, surveillance, impersonation, manipulation of electronic media, or distribution of or threats to distribute actual or fabricated intimate images; (C) Carrying, exhibiting, displaying, drawing, or threatening to use, any firearm or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate the other party or that warrants alarm by the other party for their safety or the safety of other persons; (D) Driving recklessly with the other party or minor children in the vehicle; (E) Communicating, directly or indirectly, the intent to: (I) Harm the other party's children, family members, friends, or pets, including by use of physical forms of violence; (III) Attempt suicide or other acts of self-harm; or. If any party has provided such notification to the court, the court shall not dismiss or grant the petition, but shall reset the hearing by continuing it and reissuing any temporary order in place. Two copies must be mailed, postage prepaid, one by ordinary first-class mail and the other by a form of mail requiring a tracking or certified information showing when and where it was delivered. . Certain findings and information in orders. (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. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. Except as provided in (b) of this subsection, courts may not charge petitioners any fees or surcharges the payment of which is a condition precedent to the petitioner's ability to secure access to relief under this chapter. (g) Assessing how the civil protection order law can more effectively address the type of abuse known as "coercive control" so that survivors can seek earlier protective intervention before abuse further escalates. The form must include the date and time of service and each document that was served in order for the service to be complete, along with any details such as conduct at the time of service, threats, or avoidance of service, as well as statements regarding possession of firearms, including any denials of ownership despite positive purchase history, active concealed pistol license, or sworn statements in the petition that allege the respondent's access to, or possession of, firearms; or. Arraignment No-contact order. (2)(a) If the petitioner for an extreme risk protection order is a law enforcement agency, the petitioner shall make a good faith effort to provide notice to an intimate partner or family or household member of the respondent and to any known third party who may be at risk of violence. (5) To better achieve these important public purposes, the legislature further finds the need to clarify and simplify these civil protection order statutes to make them more understandable and accessible to victims seeking relief and to respondents who are subject to the court process. (c) "Personal exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another. Personal effects may include pets. 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. (1) In considering whether to issue a temporary extreme risk protection order, the court shall consider all relevant evidence, including the evidence described in RCW. (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. (vi) Engaging in psychological aggression, including inflicting fear, humiliating, degrading, or punishing the other party. "Mechanical restraint" does not include the use of devices, materials, or equipment that are (a) medically authorized, as required, and (b) used in a manner that is consistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter. The court shall also provide sufficient notice to the law enforcement agency of the hearing. Any appropriate law enforcement agency should act where assistance is needed, even if the agency is not specifically named in the order, including assisting with the recovery of firearms as ordered. 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. ., (year) . (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. Reissuance of temporary protection orders. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order. HTML PDF: 9A.46.060: Crimes included in harassment. (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. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated. 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. 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) (6) Relief under this chapter must not be denied or delayed on the grounds that the relief is available in another action. Judicial officers may not be charged for access to such documents. (1) Any proceeding under this chapter is in addition to other civil or criminal remedies. (c) If the court, in writing, finds good cause to reissue the order. (H) Engaging in sexual or reproductive coercion; (ii) Causing dependence, confinement, or isolation of the other party from friends, relatives, or other sources of support, including schooling and employment, or subjecting the other party to physical confinement or restraint; (iii) Depriving the other party of basic necessities or committing other forms of financial exploitation; (iv) Controlling, exerting undue influence over, interfering with, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or employment, including but not limited to interference with or attempting to limit access to services for children of the other party, such as health care, medication, child care, or school-based extracurricular activities; (v) Engaging in vexatious litigation or abusive litigation as defined in RCW. (2) If the petitioner is seeking the renewal or reissuance of a protection order, the respondent must be served with the motion to renew or reissue the protection order, any supporting declarations or other materials, and the notice of hearing. (3) The court may issue an ex parte temporary protection order on the petition with or without a hearing. (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. 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. At the onset of a divorce, automatic temporary restraining orders , also known as ATROS, go into effect to make sure the status quo remains during the pendency of the case. [. A petitioner who has been sexually assaulted or 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 sexual assault protection order or a stalking protection order. Upon receipt of a motion for renewal, the court shall order a hearing, which must be not later than 14 days from the date of the order. (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. Unless the court orders a hearing to be closed to the public consistent with the requirements of Washington law, courts should provide access to members of the public who wish to observe or listen to a hearing conducted by telephone, video, or other electronic means. (b) To determine admissibility, a written motion must be made six judicial days prior to the protection order hearing. When the department has reason to believe a vulnerable adult lacks the ability or capacity to consent, the department, in its discretion, may seek relief on behalf of the vulnerable adult. Minors are presumed to be unable to pay. Nationwide, domestic violence costs over $460,000,000,000 each year for health care, absence from work, services to children, and more. (1) There exists an action known as a petition for a protection order. (i) The respondent's ownership of, access to, or intent to possess, firearms; (j) The unlawful or reckless use, display, or brandishing of a firearm by the respondent; (k) The history of use, attempted use, or threatened use of physical force by the respondent against another person, or the respondent's history of stalking another person; (l) Any prior arrest of the respondent for a felony offense or violent crime; (m) Corroborated evidence of the abuse of controlled substances or alcohol by the respondent; and. RCW 42.56.540 states that an agency may provide such notice unless notice is required by law. Sexual assault inflicts humiliation, degradation, and terror on victims. (3) The court in granting a temporary antiharassment protection order or a civil antiharassment protection order shall not prohibit the respondent from exercising constitutionally protected free speech. Parties, attorneys, and witnesses may electronically sign sworn statements in all filings. (2) Courts shall not accept agreed orders unless there are findings indicating whether the respondent is a credible threat to the physical safety of the protected person or child. Definitions. (32) "Sexual conduct" means any of the following: (a) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing; (b) Any intentional or knowing display of the genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent; (c) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent; (d) Any forced display of the petitioner's genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others; (e) Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 16, if done for the purpose of sexual gratification or arousal of the respondent or others; or. This section applies to the termination of extreme risk protection orders. Service of the summons is considered complete on the date of the third publication when publication has been made for three consecutive weeks. (31) "Respondent" means the person who is identified as the respondent in a petition filed under this chapter. The informational brochure must describe the use of, and the process for, obtaining, renewing, modifying, terminating, and enforcing protection orders as provided under this chapter, as well as the process for obtaining, modifying, terminating, and enforcing an antiharassment no-contact order as provided under chapter. (2) A respondent's motion to modify or terminate an existing protection order must include a declaration setting forth facts supporting the requested order for modification or termination. The motion for renewal must state the reasons the petitioner seeks to renew the protection order. The district shall put in place any needed supports to ensure successful transition to the new school environment. (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. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. (7) A person's right to petition for relief under this chapter is not affected by the person leaving his or her residence or household. (7) Appearances required under this section are mandatory and cannot be waived. This section applies to modification or termination of domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. Courts may not charge fees for remote appearances. Chapter 7.92.150 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT. (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. (3) Whether or not the petitioner has retained an attorney or has an advocate, the petitioner shall be allowed a support person to accompany the petitioner to any legal proceeding including, but not limited to, sitting or standing next to the petitioner, appearing remotely with the petitioner, and conferring with the petitioner during court proceedings. Washington State code RCW 13.04.170 notes, "Where a case is legally sufficient the prosecutor For these guidelines as they are used in Washington State, see Washington State code RCW. . (c) Service by mail is permitted when: (i) Personal service was required, there have been two unsuccessful attempts at personal service, and electronic service is not possible; or (ii) personal service is not required and there have been two unsuccessful attempts at personal or electronic service. (3) "Chemical restraint" means the administration of any drug to manage a vulnerable adult's behavior in a way that reduces the safety risk to the vulnerable adult or others, has the temporary effect of restricting the vulnerable adult's freedom of movement, and is not standard treatment for the vulnerable adult's medical or psychiatric condition. "Firearm" also includes parts that can be assembled to make a firearm. (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. (4) This section expires October 1, 2022. (7) The terms of the original protection order must not be changed on a motion for renewal unless the petitioner has requested the change. Sec. (e) If the court finds the respondent in contempt, the court may impose remedial sanctions designed to ensure swift compliance with the order to surrender and prohibit weapons. Developing additional methods to inform the public about protection orders in understandable terms and in languages other than English through videos and social media should also be considered. (10) All law enforcement agencies must develop and implement policies and procedures regarding the acceptance, storage, and return of firearms required to be surrendered under this chapter. (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. (2) Sections 19, 21, 24, and 34, chapter 215, Laws of 2021 take effect March 31, 2022." (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. Upon receipt of the information, the department of licensing shall determine if the respondent has a concealed pistol license. You alone are responsible for following the order. It is a nonconfrontational. (5) A temporary extreme risk protection order must be served by a law enforcement officer in the same manner as provided for in RCW. 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. (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. (4) The court shall not take any of the following actions in issuing a protection order. Such notice should be provided to the petitioner by electronic means if possible, but may also be made by telephone or another method that allows notification to be provided without unnecessary delay. (1) When a petition for a vulnerable adult protection order is filed by someone other than the vulnerable adult or the vulnerable adult's guardian, conservator, or person acting under a protective arrangement, or both, and the vulnerable adult for whom protection is sought advises the court at the hearing that the vulnerable adult does not want all or part of the protection sought in the petition, then the court may dismiss the petition or the provisions that the vulnerable adult objects to and any existing vulnerable adult protection order, or the court may take additional testimony or evidence, or order additional evidentiary hearings to determine whether the vulnerable adult is unable, due to incapacity, undue influence, or duress, to protect his or her person or estate in connection with the issues raised in the petition or order. For remote hearings, if the court anticipates the parties or witnesses will need to wait longer than one hour to be called or connected, the court should endeavor to inform them of the estimated start time of the hearing; (c) Courts should inform the parties before the hearing begins that the hearing is being recorded by the court, in what manner the public is able to view the hearing, how a party may obtain a copy of the recording of the hearing, and that recording or broadcasting any portion of the hearing by any means other than the court record is strictly prohibited without prior court approval; (d) To minimize trauma, while allowing remote hearings to be observed by the public, courts should take appropriate measures to prevent members of the public or the parties from harassing or intimidating any party or witness to a case. types of seers, Shall not take any of the summons is considered complete on the date of hearing... 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