rcw stalking protection order

Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. a.m./p.m., and respond to the petition. ( 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. (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. (a) For purposes of this section, "protection order advocate" means any employee or volunteer from a program that provides, as some part of its services, information, advocacy, counseling, or support to persons seeking protection orders. "Firearm" also includes parts that can be assembled to make a firearm. "Abuse" includes sexual abuse, mental abuse, physical abuse, personal exploitation, and improper use of restraint against a vulnerable adult, which have the following meanings: (a) "Improper use of restraint" means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline, or in a manner that: (i) Is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter. Courts must consider on the record the following factors: (a) The extent to which a defendant's Fifth Amendment rights are or are not implicated, given the special nature of protection order proceedings, which burden a defendant's Fifth Amendment privilege substantially less than do other civil proceedings; (b) Similarities between the civil and criminal cases; (d) The interests of the petitioners in proceeding expeditiously with litigation and the potential prejudice and risk to petitioners of a delay; (e) The burden that any particular aspect of the proceeding may impose on respondents; (f) The convenience of the court in the management of its cases and the efficient use of judicial resources; (g) The interests of persons not parties to the civil litigation; and. "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. An efficient and effective civil process can provide necessary relief many victims require in order to escape and prevent harm. 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. (2) Service is completed on the day the respondent is served personally, on the date of transmission for electronic service, on the 10th calendar day after mailing for service by mail, or on the date of the third publication when publication has been made for three consecutive weeks for service by publication. 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 envelopes must bear the return address where the petitioner may receive legal mail. 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. [2013 c 84 1.] 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. The juvenile court may hear an extreme risk protection order proceeding under this chapter if the respondent is under the age of 18 years. This additional service may be made by mail as an alternative to other authorized methods of service under this chapter. (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. (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. (7) When a hearing is conducted through telephone, video, or other electronic means, the court must make appropriate arrangements to permit interpreters to serve the parties and the court as needed. 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. (2) Any orders entered by the court pursuant to a compliance hearing must be served on the respondent if the respondent failed to appear at the hearing at which the court entered the orders. (28) "Petitioner" means any named petitioner or any other person identified in the petition on whose behalf the petition is brought. The court shall consider developmental factors, including the impact of time of a youth's development, and any information the minor respondent presents about his or her personal progress or change in circumstances. 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. (b) A petition for a sexual assault protection order, which must allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration that was committed against the petitioner by the respondent. (c) A petition for a stalking protection order, which must allege the existence of stalking committed against the petitioner or petitioners by the respondent. If 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. (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. (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. The legislature finds that these improvements are needed to help ensure that protection orders and corresponding court processes are more easily accessible to all litigants, particularly parties who may experience higher barriers to accessing justice. . (4) When considering any request to stay, continue, or delay a hearing under this chapter because of the pendency of a parallel criminal investigation or prosecution of the respondent, courts shall apply a rebuttable presumption against such delay and give due recognition to the purpose of this chapter to provide victims quick and effective relief. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. These alternatives can help make protection order processes more accessible, effective, timely, and procedurally just, particularly in situations where there are emergent risks. (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. (12) "Facility" means a residence licensed or required to be licensed under chapter. Notification may be provided by text messaging or email, and should provide reminders of court appearances and alert the petitioner when the following occur: (i) The petition has been processed and is under review by a judicial officer; (ii) the order has been signed; (iii) the order has been transmitted to law enforcement for entry into the Washington crime information center system; (iv) proof of service upon the respondent has been filed with the court or clerk; (v) a receipt for the surrender of firearms has been filed with the court or clerk; and (vi) the respondent has filed a motion for the release of surrendered firearms. If the court determines the amended petition does not contain prima facie allegations to support the issuance of any type of protection order or if the petitioner fails to file an amended petition within the required time, the court may enter an order dismissing the petition. (ii) The court shall take judicial notice of the receipt filed with the court by the law enforcement agency pursuant to subsection (3) of this section. 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) Where service by mail is provided by a third party, the clerk shall forward proof of service by mail to the law enforcement agency in the county or municipality where the respondent resides. (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. . (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. The evidence shall be admissible at the hearing to the extent an order made by the court specifies the evidence that may be admitted. Domestic violence has long been recognized as being at the core of other major social problems: Child abuse, other crimes of violence against persons or property, homelessness, and alcohol and drug abuse. (b) For a sexual assault protection order, that the petitioner has been subjected to nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. For extreme risk protection order hearings, the following also apply. 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. (1)(a) Any order available under this chapter, other than an extreme risk protection order, may be issued in actions under chapter, (b) If a party files an action under chapter, (2) Nothing in chapter 215, Laws of 2021 affects the validity of protection orders issued prior to July 1, 2022, under chapter. (v) A provision of a foreign protection order or a Canadian domestic violence protection order specifically indicating that a violation will be a crime. The following provisions apply to the renewal of all full protection orders issued under this chapter, with the exception of the renewal of extreme risk protection 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. 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. The court may order that a petitioner be granted the exclusive custody or control of any pet owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child residing with either the petitioner or respondent, and may prohibit the respondent from interfering with the petitioner's efforts to obtain the pet. . The court may issue a temporary protection order in accordance with this chapter until the victim is able to prepare a petition for a protection order in accordance with this chapter. If the respondent does have a concealed pistol license, the department of licensing shall immediately notify a law enforcement agency that the court has directed the revocation of the license. Chapter 7.92.030 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT Sections 7.92.010 Intent-Finding. . (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. A protection order petition is your action brought against the other party, the respondent. Domestic violence should not be minimized or dismissed based on any mental health diagnoses of the perpetrator or the victim. . Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. Sexual assault inflicts humiliation, degradation, and terror on victims. The court shall consider the ability of the respondent to pay for an evaluation. 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. (8) If a person who is protected by a protection order has a child or adopts a child after a protection order has been issued, but before the protection order has expired, the petitioner may seek to include the new child in the order of protection on an ex parte basis if the child is already in the physical custody of the petitioner. If the court declines to renew a protection order that had restrained the respondent from having contact with children protected by the order, the court shall determine on the record whether the respondent and the children should undergo reunification therapy. Sections. (5) If a person other than the respondent claims title to any firearms surrendered pursuant to this section, and that person is determined by the law enforcement agency to be the lawful owner of the firearm, the firearm must be returned to that person, provided that: (a) The firearm is removed from the respondent's custody, control, or possession, and the lawful owner provides written verification to the court regarding how the lawful owner will safely store the firearm in a manner such that the respondent does not have access to, or control of, the firearm for the duration of the order; (b) The court advises the lawful owner of the penalty for failure to do so; and. 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. In Washington state, the suicide rate is on average 10 percent higher. (b) An act or acts that "occurred within this state" include an oral or written statement made or published by a person outside of this state to any person in this state by means included in (a) of this subsection, or by means of interstate commerce or foreign commerce. (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) 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 The court shall also provide sufficient notice to the law enforcement agency of 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. (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. 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. The clerk shall ensure that the request for an ex parte temporary protection order is presented timely to a judicial officer, and signed orders will be returned promptly to the clerk for entry and to the petitioner as specified in this section. (h) Order the respondent to obtain a mental health or chemical dependency evaluation. ., at . This occurs when an accused enters a store or business (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. (b) For extreme risk protection order hearings where a law enforcement agency is the petitioner, the court shall prioritize scheduling because of the importance of immediate temporary removal of firearms in situations of extreme risk and the goal of minimizing the time law enforcement must otherwise wait for a particular case to be called, which can hinder their other patrol and supervisory duties. (14) "Financial exploitation" means the illegal or improper use of, control over, or withholding of, the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage. (3) If either party is seeking to modify or terminate a protection order, the other party must be served with the motion to modify or terminate the protection order, any supporting declarations or other materials, and the notice of hearing. (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. . . This section applies to the modification or termination of vulnerable adult protection orders. The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent. It is important that the respondent does not breach the order or coerce the applicant in any way, even when the Applicant makes contact. (3) The information entered into the computer-based criminal intelligence information system must include notice to law enforcement whether the order was personally served, served by electronic means, served by publication, or served by mail. If a guardian ad litem is appointed by the court for either or both parties, neither the petitioner nor the respondent shall be required by the court to pay any costs associated with the appointment. The legislature finds that it would be helpful for petitioners, respondents, judicial officers, court personnel, law enforcement, advocates, counsel, and others to have these new tools enacted into statute and made readily available in every court, with statewide best practices created for their use, specific to the context of civil protection orders. (1) Only the respondent is required to appear if the court is reviewing compliance with any conditions of the order. (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. (7) The terms of the original protection order must not be changed on a motion for renewal unless the petitioner has requested the change. Adolescent dating violence is occurring at increasingly high rates, and preventing and confronting adolescent violence is important in preventing future violence in adult relationships. (4) Courts shall not post or stream proceedings or recordings of protection order hearings online unless (a) a waiver has been received from all parties, or (b) the hearing is being conducted online and members of the public do not have in-person access to observe or listen to the hearing. (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. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. (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. "Financial exploitation" includes, but is not limited to: (a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, government benefits, health insurance benefits, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; (b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship or conservatorship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or. (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. A No Contact Order may be (4) The court shall not take any of the following actions in issuing a protection order. The state of Washington to . "; (b) Develop and distribute instructions and informational brochures regarding protection orders and a court staff handbook on the protection order process, which shall be made available online to view and download at no cost. It is a nonconfrontational. 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. [. The court may consider any relevant evidence, including evidence of the considerations listed in RCW. (6) The protection order petition must contain a section where the petitioner, regardless of petition type, may request specific relief provided for in RCW. To the extent possible, the court shall take judicial notice of any existing restraining, protection, or no-contact orders between the parties before entering a protection order. Petitioners and respondents should not be charged for electronic notification. (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. (c) The firearm is not otherwise unlawfully possessed by the owner. (b) To provide relevant information to the court to determine compliance with the order, the court may allow the prosecuting attorney or city attorney to question the respondent regarding compliance. The instructions must provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. Non-Molestation Order - 'Breach' by the Applicant ('Victim') This may seem peculiar as the order is against the respondent. (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. (c) The order to show cause served upon the respondent shall state the date, time, and location of the hearing, and shall include a warning that the respondent may be held in contempt of court if the respondent fails to promptly comply with the terms of the extreme risk protection order and a warning that an arrest warrant could be issued if the respondent fails to appear on the date and time provided in the order to show cause. Court may consider any relevant evidence, including evidence of the order is against the to..., intoxication, or enforce the order is against the other party, respondent! One in seven rapes is reported to authorities, degradation, and terror victims. Crime ; estimates suggest that only one in seven rapes is reported to authorities degradation... Seem peculiar as the order be freely given when a person does not have due! Criminal intelligence information system constitutes notice to all law enforcement agencies of order... 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