All motions to modify or terminate shall be based on the written materials and evidence submitted to the court. (6)(a) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. 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. 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. The order also may include a requirement that the respondent pay the costs of the monitoring. Other than for antiharassment orders, the court shall not grant relief for less than one year unless the petitioner has specifically requested relief for a shorter period of time. (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. The order also may include a requirement that the respondent pay the costs of the monitoring. (4) If the court issued a temporary protection order that included a temporary order to surrender and prohibit weapons, the temporary order to surrender and prohibit weapons must automatically reissue with the temporary protection order. Experiencing a sexual assault is itself a reasonable basis for ongoing fear. (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. Because of the stigma of a sexual assault and trauma, many victims are afraid or are not ready to report to law enforcement and go through the rigors of the criminal justice process. (6) The protection order petition must contain a section where the petitioner, regardless of petition type, may request specific relief provided for in RCW. (2) Any temporary orders to surrender and prohibit weapons must also be automatically reissued with the temporary protection order. (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. Chapter 7.92.030 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT Sections 7.92.010 Intent-Finding. [2013 c 84 1.] A vulnerable adult may have physical disabilities, mobility issues, or be otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts. . Check only one! . An efficient and effective civil process can provide necessary relief many victims require in order to escape and prevent harm. (31) "Respondent" means the person who is identified as the respondent in a petition filed under this chapter. (9) If the protection order includes the parties' children, a renewed protection order may be issued for more than one year, subject to subsequent orders entered in a proceeding under chapter, (10) The court may award court costs, service fees, and reasonable attorneys' fees to the petitioner as provided in RCW. (2) All court clerks shall accept and provide community resource lists as described in (a) and (b) of this subsection, which the court shall make available as part of, or in addition to, the informational brochures described in RCW. . (c) The petitioner engaged in limited consensual sexual touching. (1) Any proceeding under this chapter is in addition to other civil or criminal remedies. (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. (3) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having in his or her custody or control, accessing, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm or other dangerous weapons. This limitation is not applicable to protection orders issued under chapter, (b) If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year, the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter. When requested, there shall be a rebuttable presumption to include the petitioner's minor children as protected parties in the ex parte temporary domestic violence protection order until the full hearing to reduce the risk of harm to children during periods of heightened risk, unless there is good cause not to include the minor children. (c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of the vulnerable adult's property, income, resources, or trust funds. (6) When a petition for a vulnerable adult protection order is filed by someone other than the vulnerable adult, notice of the petition and hearing must be personally served upon the vulnerable adult. The court shall send notice of the restriction on attending the same school as the petitioner to the public or private school the respondent will attend and to the school the petitioner attends; (j) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense, and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorneys' fees or limited license legal technician fees when such fees are incurred by a person licensed and practicing in accordance with state supreme court admission and practice rule 28, the limited practice rule for limited license legal technicians. . The court shall direct the clerk to forward the corrected order on or before the next judicial day to the law enforcement agency specified in the order. (35) "Temporary protection order" means a protection order that is issued before the court has decided whether to issue a full protection order. (iii) In cases where personal service is required under this subsection, after two unsuccessful attempts at personal service, service shall be permitted by electronic means in accordance with (b) of this subsection. The court or clerk must make available electronically to judicial officers any protection orders filed within the state. (f) Every year, over 100,000 persons in our country are victims of gunshot wounds and 38,000 individuals lose their lives from gun violence. The newspaper selected must be one of the three most widely circulated papers in the county. The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. Commercial burglary is also charged under California Penal Code 459 PC and can be a misdemeanor or a felony. Conduct short of voluntary agreement does not constitute consent as a matter of law. (b) If the respondent is not present in court at the compliance review hearing or if the court issues an order to appear and show cause after a compliance review hearing, the clerk of the court shall electronically transmit a copy of the order to show cause to the law enforcement agency where the respondent resides for personal service or service in the manner provided in the civil rules of superior court or applicable statute. (c) The study may include, if determined by the gender and justice commission's E2SHB 1320 stakeholder work groups and the center for court research to be empirically useful and readily measurable through available data, measurements such as: (i) The ability of survivors to obtain protection orders that fully address the nature of the harm or threat of harm they are experiencing; (ii) The frequency of inclusion of coercive control in protection order petitions and the nature of the harm or threatened harm articulated; (iii) Whether the orders were granted and if so, the relief ordered by the court; (iv) Whether the orders were denied, and if so, the reason for the denial; and. (b) A person who stalks another is guilty of a class B felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of (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. Nothing in this chapter may affect the title to real estate: PROVIDED, That a judgment for costs or fees awarded under this chapter constitutes a lien on real estate to the extent provided in chapter. The obligation to disclose the existence of any other litigation includes, but is not limited to, the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW, (5) The petition may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties, except in cases where the court has realigned the parties in accordance with RCW. Out-of-state child custody jurisdictional issues. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained. When a party alleging a violation of a protection order issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. Dismissal or suspension of criminal prosecution in exchange for protection order. (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. [. (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. (3) Sections 9 through 14 and 47 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2022]." (2) Section 37 of this act takes effect July 1, 2023. The court shall favor speedy and cost-effective methods of service to promote prompt and accessible resolution of the merits of the petition. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney's fee. (4) The court shall grant the motion for renewal unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances and the following: (a) For a domestic violence protection order, that the respondent proves that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's family or household members who are minors or vulnerable adults when the order expires; (b) For a sexual assault protection order, that the respondent proves that the respondent will not engage in, or attempt to engage in, physical or nonphysical contact with the petitioner when the order expires; (c) For a stalking protection order, that the respondent proves that the respondent will not resume acts of stalking against the petitioner or the petitioner's family or household members when the order expires; (d) For a vulnerable adult protection order, that the respondent proves that the respondent will not resume acts of abandonment, abuse, financial exploitation, or neglect against the vulnerable adult when the order expires; or. (12) "Facility" means a residence licensed or required to be licensed under chapter. The petitioner may also file in: (1) The county where an act giving rise to the petition for a protection order occurred; (2) The county where a child to be protected by the order primarily resides; (3) The county where the petitioner resided prior to relocating if relocation was due to the respondent's conduct; or. HTML PDF: 9A.46.070: (2) During the hearing, the court shall consider whether a behavioral health evaluation is appropriate, and may order such evaluation if appropriate. (f) A petition for an antiharassment protection order, which must allege the existence of unlawful harassment committed against the petitioner or petitioners by the respondent. (7) "Court clerk" means court administrators in courts of limited jurisdiction and elected court clerks. (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. In the event that the petitioner does not provide a service address for the respondent or there is evidence that the respondent is evading service, the law enforcement officer shall use law enforcement databases to assist in locating the respondent; (5) If the respondent is in a protected person's presence at the time of contact for service, the law enforcement officer should take reasonable steps to separate the parties when possible prior to completing the service or inquiring about or collecting firearms. The court may correct errors either on the court's own initiative or upon notice to the court of an error. (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. Sections 7.92.010 Intent-Finding. (b) A copy of the protection order must be served on a parent, guardian, or conservator of the respondent at any address where the respondent resides, or the department of children, youth, and families in the case where the respondent is the subject of a dependency or court approved out-of-home placement. If done by mail, this additional service is considered completed on the third calendar day after mailing. (26) "Nonconsensual" means a lack of freely given consent. ., (year) . (7) The terms of the original protection order must not be changed on a motion for renewal unless the petitioner has requested the change. The support person may be any third party of the petitioner's choosing, provided that: (a) The support person shall not provide legal representation nor interpretation services; and, (b) A support person who is not employed by, or under the direct supervision of, a law enforcement agency, a prosecutor's office, the child protective services section of the department of children, youth, and families as defined in RCW. The administrative office of the courts shall then arrange for translation of the instructions and informational brochures required by this section, which must contain a sample of the standard petition and protection order forms, into the languages spoken by at least the top five significant non-English-speaking populations, and shall distribute a master copy of the translated instructions and informational brochures to all court clerks and to the Washington supreme court's interpreter commission, minority and justice commission, and gender and justice commission. (7) Appearances required under this section are mandatory and cannot be waived. (f) The court may order a respondent found in contempt of the order to pay for any losses incurred by a party in connection with the contempt proceeding, including reasonable attorneys' fees, service fees, and other costs. The superior courts have jurisdiction over extreme risk protection order proceedings under this chapter. "Sexual abuse" also includes any sexual conduct between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter. The order must list all items that are to be included with sufficient specificity to make it clear which property is included. (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. Out-of-state child custody jurisdictional issues. The prevalence of anxiety, insomnia, social dysfunction, and severe depression is much higher among stalking victims than among the general population. A protection order is a civil order issued by the court By themselves, protection orders may do little to stop stalking or protect you from harm. 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. (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. The juvenile court may hear an extreme risk protection order proceeding under this chapter if the respondent is under the age of 18 years. (18) "Hospital" means a facility licensed under chapter. (2) The petition must be accompanied by a confidential document to be used by the courts and law enforcement to fully identify the parties and serve the respondent. This notice may be provided at the time the parent, guardian, or conservator of the respondent appears in court or may be served along with a copy of the order, whichever occurs first. In enacting the extreme risk protection order, the people intended to reduce gun deaths and injuries, while respecting constitutional rights, by providing a procedure for family, household members, and law enforcement to obtain a court order temporarily preventing individuals who are at high risk of harming themselves or others from accessing firearms when there is demonstrated evidence that the individuals pose a significant danger, including danger as a result of threatening or violent behavior. (2) If a court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to self or others in the near future by having in the respondent's custody or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive, a firearm, the court shall issue a temporary extreme risk protection order. Parties, attorneys, and witnesses may electronically sign sworn statements in all filings. . If the respondent appeared at the hearing, the order must identify that the respondent has knowledge of the court's order. (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. (3) When the court proposes to consider information from the judicial information system or another criminal or civil database, the court shall: Disclose the information to each party present at the hearing; on timely request, provide each party with an opportunity to be heard; and take appropriate measures to alleviate safety concerns of the parties. Judicial officers may not be charged for access to such documents. (a) In a proceeding under this chapter where the petitioner seeks to protect a minor and the petitioner is not the minor's parent as defined by RCW, (b) Every order entered in any proceeding under this chapter where the petitioner is not a parent of the minor or minors protected by the order must contain a finding that the federal Indian child welfare act or chapter. (b) If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the temporary protection order. . . (3) Upon the motion of a respondent, the court may not modify or terminate an existing protection order unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances such that the respondent will not resume, engage in, or attempt to engage in, the following acts against the petitioner or those persons protected by the protection order if the order is terminated or modified: (a) Acts of domestic violence, in cases involving domestic violence protection orders; (b) Physical or nonphysical contact, in cases involving sexual assault protection orders; (c) Acts of stalking, in cases involving stalking protection orders; or. (34) "Stalking" means any of the following: (a) Any act of stalking as defined under RCW, (b) Any act of cyber harassment as defined under RCW. The envelopes must bear the return address where the petitioner may receive legal mail. Possession may be either actual or constructive. (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. Antiharassment or Stalking Protection Orders RCW 10.14 Who may obtain an Anti-Harassment Protection Order? Persons who are seriously alarmed, annoyed or harassed by a course of conduct which serves no legitimate or lawful purpose. Parents may petition on behalf of a child against an adult. . (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) A copy of an extreme risk protection order granted under this chapter, including temporary extreme risk protection orders, must be forwarded immediately by the clerk of the court, by electronic means if possible, to the law enforcement agency specified in the order. (1) The clerk of the court shall enter any extreme risk protection order, including temporary extreme risk 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. (h) The interest of the public in the pending civil and criminal litigation. (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. Grant of order, denial of order, and improper grounds. Forty-five percent of domestic violence homicides occur within 90 days of a recent separation, while 75 percent occur within the first six months of separation. An action for a protection order should be filed in the county where the petitioner resides. Extreme risk protection orders are intended to be limited to situations in which individuals pose a significant danger of harming themselves or others by possessing a firearm, having immediate access to a firearm, or having expressed intent to obtain a firearm, and include standards and safeguards to protect the rights of respondents and due process of law. (2) In an antiharassment protection order proceeding, the court may grant the relief specified in subsection (1)(c), (f), and (t) of this section only as part of a full antiharassment protection order. (2) When a law enforcement officer investigates a report of an alleged violation of a protection order issued under this chapter, the officer shall attempt to determine whether the respondent knew of the existence of the protection order. This section applies to the modification or termination of vulnerable adult protection orders. ( 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. (1) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued under this chapter every 12-month period that the order is in effect, starting from the date of the order and continuing through any renewals. (2) Before granting an order under this chapter directing residential placement of a child or restraining or limiting a party's contact with his or her child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested. Constructive possession occurs when there is no actual physical possession, but there is dominion and control over the item. (b) A defendant who is charged by citation, complaint, or information with violating any protection order identified in (a) of this subsection and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. (1) When issuing an order after notice to the respondent and a hearing, the court may either grant relief for a fixed period of time or enter a permanent order of protection. (9)(a) No fees for service of process may be charged by a court or any public agency to petitioners seeking relief under this chapter. (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. (15) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. (1) There exists an action known as a petition for a protection order. (5) In determining whether there has been a substantial change in circumstances, the court may not base its determination on the fact that time has passed without a violation of the order. (d) The study shall also assess judicial officer training regarding protection orders, and coercive control in particular, and whether additional judicial officers are required to hear protection order proceedings. . Protection Order where alleged stalking committed by intimate partner or family or household member. "Mental abuse" may include ridiculing, yelling, swearing, or withholding or tampering with prescribed medications or their dosage. (5) If a hearing is held with any parties or witnesses appearing remotely, the following apply: (a) Courts should include directions to access a hearing remotely in the order setting the hearing and in any order granting a party's request for a remote appearance. Petitioner or person on whose behalf order sought is a vulnerable adult and has (3) The court shall use its best efforts to notify the petitioner of the outcome of the compliance hearing including, but not limited to, informing the petitioner on whether the respondent is found to be out of compliance with an order to surrender and prohibit weapons. HTML PDF: 7.105.065: Jurisdiction (1) Upon the issuance of any extreme risk protection order under this chapter, including a temporary extreme risk protection order, the court shall: (a) Order the respondent to surrender to the local law enforcement agency all firearms in the respondent's custody, control, or possession, and any concealed pistol license issued under RCW. (1) Whether or not the petitioner has retained an attorney, a sexual assault or domestic violence advocate, as defined in RCW. The order must specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. (4) In determining whether there has been a substantial change in circumstances, the court may consider the following unweighted factors, and no inference is to be drawn from the order in which the factors are listed: (a) Whether the respondent has committed or threatened sexual assault, domestic violence, stalking, or other harmful acts against the petitioner or any other person since the protection order was entered; (e) Whether the respondent has either acknowledged responsibility for acts of sexual assault, domestic violence, stalking, or behavior that resulted in the entry of the protection order, or successfully completed state-certified perpetrator treatment or counseling since the protection order was entered; (f) Whether the respondent has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order; (g) Whether the petitioner consents to terminating the protection order, provided that consent is given voluntarily and knowingly; or. (8) If attempts at service were not successful, the proof of service form or the form letter showing that the order was not served, and stating the reason it was not served, must be returned to the court by the next judicial day following the last unsuccessful attempt at service. (b) "Coercive control" does not include protective actions taken by a party in good faith for the legitimate and lawful purpose of protecting themselves or children from the risk of harm posed by the other party. Such practices may include, but are not limited to, disallowing members of the public from communicating with the parties or with the court during the hearing, ensuring court controls over microphone and viewing settings, and announcing limitations on allowing others to record the hearing; (e) Courts shall use technology that accommodates American sign language and other languages; (f) To help ensure that remote access does not undermine personal safety or privacy, or introduce other risks, courts should protect the privacy of telephone numbers, emails, and other contact information for parties, witnesses, and others authorized by this chapter to participate in protection order proceedings, and inform them of these safety considerations. The motion for renewal must state the reasons the petitioner seeks to renew the 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 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. (D) Whether the parties had legal representation or legal advocates in the protection order proceedings. (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. (b) The administrative office of the courts and superior and district courts shall provide the center for court research with necessary data to conduct the study, as requested by the center for court research. (b) Requirements for private vendors who provide services related to filing systems for protection orders, as well as what data should be collected. (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. If timely service cannot be made, the court may set a new hearing date. 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 The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. . (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. (2) In the court's discretion, parties, witnesses, and others authorized by this chapter to participate in protection order proceedings may attend a hearing on a petition for a protection order, or any hearings conducted pursuant to this chapter, in person or remotely, including by telephone, video, or other electronic means where possible. If a full hearing is set on a petition that is submitted after close of business on a judicial day or is submitted on a nonjudicial day, the hearing must be set not later than 14 days from the first judicial day after the petition is filed, which may be extended for good cause. (2) The gender and justice commission may hire a consultant to assist with the requirements of this section with funds as appropriated. If the law enforcement officer determines that the respondent did not, or probably did not, know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of 18 to be restrained rises to the level set forth in this chapter; (e) Some adults are vulnerable and may be subject to abuse, neglect, financial exploitation, or abandonment by a family member, care provider, or other person who has a relationship with the vulnerable adult. Reissuance of temporary protection orders. . Reporting of modification or termination of order. (b) Either the prosecuting attorney's office or city attorney's office, or both, from the relevant jurisdiction may designate an advocate or a staff person from their office who is not an attorney to appear on behalf of their office. 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. (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. If either party requests a continuance to allow for proper notice of witnesses or to afford a party time to seek counsel, the court may continue the hearing. (c) Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person that: (i) Would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened and that actually causes such a feeling; (iii) The respondent knows, or reasonably should know, threatens, frightens, or intimidates the person, even if the respondent did not intend to intimidate, frighten, or threaten the person. The court may not admit evidence under this subsection unless it determines at the hearing that the evidence is relevant and the probative value of the evidence outweighs the danger of unfair prejudice. The legislature finds that it is in the public interest to improve the lives of persons being victimized by the acts and dynamics of domestic violence, to require reasonable, coordinated measures to prevent domestic violence from occurring, and to respond effectively to secure the safety of survivors of domestic violence; (b) Sexual assault is the most heinous crime against another person short of murder. "Essential personal effects" includes, but is not limited to, clothing, cribs, bedding, medications, personal hygiene items, cellular phones and other electronic devices, and documents, including immigration, health care, financial, travel, and identity documents. 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 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. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and. 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. The court's decision on the appropriate type of order shall not be premised on alleviating any potential stigma on the respondent. 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. 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. A respondent who is served electronically with a protection order shall be provided a certified copy of the order free of charge upon request. [House Hearing, 117 Congress] [From the U.S. Government Publishing Office] EXAMINING OKLAHOMA v. CASTRO-HUERTA: THE IMPLICATIONS OF THE SUPREME COURT'S RULING ON TRIBAL SOVEREIGNTY ===== OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE FOR INDIGENOUS PEOPLES OF THE UNITED STATES OF THE Protection order advocates and support persons. 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. (13) "Family or household members" means: (a) Persons related by blood, marriage, domestic partnership, or adoption; (b) persons who currently or formerly resided together; (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent's intimate partner and children; and (d) a person who is acting or has acted as a legal guardian. (3) A document viewing system must be available as part of the judicial information system or other databases used by the court, so that in addition to having access to the summary information in subsection (1) of this section, the court is able to view any protection order filed within the state. (2) By July 1, 2022, the gender and justice commission through its E2SHB 1320 work groups and the center for court research shall advise the chairs of the relevant policy committees of the legislature of their recommendations regarding need, timing, and design for such a study. (33) "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person including, but not limited to, cunnilingus, fellatio, or anal penetration. Requests for changes must be made in writing.". (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. Individuals with disabilities; black and indigenous communities; and lesbian, gay, bisexual, transgender, queer, and other individuals experience a higher rate of sexual violence. Denial of a remedy to the petitioner may not be based, in whole or in part, on evidence that: (a) The respondent was voluntarily intoxicated; (b) The petitioner was voluntarily intoxicated; or. (l) Other than for respondents who are minors, require the respondent to submit to electronic monitoring. (c) Unless a protection order advocate seeks to speak directly to the court, protection order advocates shall not be required to be identified on the record beyond stating his or her role as a protection order advocate and identifying the program for which he or she works or volunteers. (3) When the respondent is ordered to vacate the residence or other shared property, the respondent may be permitted by the court to remove personal clothing, personal items needed during the duration of the order, and any other items specified by the court, while a law enforcement officer is present. A law enforcement agency holding any surrendered firearm or concealed pistol license shall comply with the provisions of RCW. Petitioners and respondents should not incur additional charges for electronic submission for petitions and documents filed pursuant to this section. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. (3) Court clerks should not make an assessment of the merits of a petitioner's petition for a protection order or refuse to accept for filing any petition that meets the basic procedural requirements. The standard notice form must be designed to explain to the vulnerable adult in clear, plain language the purpose and nature of the petition and that the vulnerable adult has the right to participate in the hearing and to either support or object to the petition. . (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. (2) Upon order of a court, a law enforcement officer shall accompany the petitioner and assist in placing the petitioner in possession of all items listed in the order and to otherwise assist in the execution of the order. Courts and law enforcement agencies shall adopt rules, protocols, and pattern forms to standardize and implement best practices for service, including mechanisms and verification options for electronic service and electronic returns of service, as well as best practices for efficient transmission of court documents to law enforcement for entry into criminal justice databases and returns of service or property. (2) The court shall seal the court records from public view if there are no other active protection orders against the restrained party, there are no pending violations of the order, and there is evidence of full compliance with the surrender of firearms as ordered by the extreme risk protection order. (3) Any respondent age 18 years or over who willfully disobeys the terms of any antiharassment protection order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter, (4) Any respondent under the age of 18 years who willfully disobeys the terms of an antiharassment protection order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW, (5) A defendant arrested for violating any antiharassment protection order issued under this chapter is required to appear in person before a magistrate within one judicial day after the arrest. The court's denial of a motion for an ex parte temporary protection order shall be filed with the court. These time frames may be extended for good cause. Under the statute, domestic violence protection orders (DVPO), sexual assault protection orders (SAPO), stalking protection orders, anti-harassment protection orders For vulnerable adult protection order hearings, the following also apply. (16) "Full hearing" means a hearing where the court determines whether to issue a full protection order. (4) Where orders involve surrender of firearms, dangerous weapons, and concealed pistol licenses, those items must be secured and accounted for in a manner that prioritizes safety and compliance with court orders. (3) Courts shall require assurances of the identity of persons who appear by telephone, video, or other electronic means. (ii) Personal service in cases specified in (a)(i)(A) through (D) of this subsection must be made by law enforcement including, at a minimum, two timely attempts at personal service. (1) Any person who files a petition for an extreme risk protection order knowing the information in such petition to be materially false, or with the intent to harass the respondent, is guilty of a gross misdemeanor. (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. 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. For permanent orders, the court shall set the date to expire 99 years from the issuance date. Additionally, extreme risk protection orders may provide protections from firearm risks for individuals who are not eligible to petition for other types of protection orders. 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 (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 notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so, and include referrals to appropriate resources, including behavioral health, domestic violence, and counseling resources. Chapter 7.92.150 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT. The court has broad discretion to grant such relief as the court deems proper, including the forms of relief listed in RCW. (5) In determining whether there has been a substantial change in circumstances, the court may consider the following unweighted factors, and no inference is to be drawn from the order in which the factors are listed: (a) Whether the respondent has committed or threatened sexual assault; domestic violence; stalking; abandonment, abuse, financial exploitation, or neglect of a vulnerable adult; or other harmful acts against the petitioner or any other person since the protection order was entered; (b) Whether the respondent has violated the terms of the protection order and the time that has passed since the entry of the order; (c) Whether the respondent has exhibited suicidal ideation or attempts since the protection order was entered; (d) Whether the respondent has been convicted of criminal activity since the protection order was entered; (e) Whether the respondent has either: Acknowledged responsibility for acts of sexual assault, domestic violence, or stalking, or acts of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult, or behavior that resulted in the entry of the protection order; or successfully completed state-certified perpetrator treatment or counseling since the protection order was entered; (f) Whether the respondent has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order; and.