Courts shall make publicly available in print and online information about their transfer procedures, court calendars, and judicial officer assignment. The petitioner shall provide information sufficient to permit notification. (6) If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court's denial. Some cases where rape is reported are not prosecuted or do not lead to a conviction. In proceedings where the petitioner is seeking a domestic violence protection order or an antiharassment protection order, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser or harasser and the original respondent is the victim of domestic violence or unlawful harassment. The court may consider any relevant evidence, including evidence of the considerations listed in RCW. (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. a.m./p.m., and respond to the petition. (1) The department of social and health services, in its discretion, may file a petition for a vulnerable adult protection order or a domestic violence protection order on behalf of, and with the consent of, any vulnerable adult. "Mental abuse" may include ridiculing, yelling, swearing, or withholding or tampering with prescribed medications or their dosage. (5) When the respondent for a protection order is under the age of 18 or is an individual subject to a guardianship or conservatorship under Title. (22) "Judicial day" means days of the week other than Saturdays, Sundays, or legal holidays. (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. (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. An "ex parte temporary protection order" means a temporary protection order that is issued without prior notice to the respondent. All motions to modify or terminate shall be based on the written materials and evidence submitted to the court. "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. (27) "Nonphysical contact" includes, but is not limited to, written notes, mail, telephone calls, email, text messages, contact through social media applications, contact through other technologies, or contact through third parties. The petitioner may petition for an antiharassment protection order on behalf of: (2) With the exception of vulnerable adult protection orders, a person under 18 years of age who is 15 years of age or older may seek relief under this chapter as a petitioner and is not required to seek relief through a petition filed on his or her behalf. (14) The Indian child welfare act applies in the following manner. The order must specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. (12) "Facility" means a residence licensed or required to be licensed under chapter. The district shall put in place any needed supports to ensure successful transition to the new school environment. (3) Nothing in this section changes the requirement for the order to be entered into, and maintained in, computer-based systems as required in RCW. The clerk shall transmit the order to the law enforcement agency identified in the order for service, along with a copy of the confidential party information form received from the respondent, if available, or the petitioner's confidential party information form to assist law enforcement in serving the order. (e) For an extreme risk protection order, that the respondent poses a significant danger of causing personal injury to self or others by having in the respondent's custody or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive, a firearm. (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. (a) "Communicated" or "made known" includes the following means: In person, through publication, by mail, telephonically, through an electronic communication site or medium, by text, or through other social media. 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. (ii) The court shall waive the filing fee if the court determines the petitioner is not able to pay the costs of filing. 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. (e) For an antiharassment protection order, that the respondent proves that the respondent will not resume harassment of the petitioner when the order expires. Revenue from the $15 fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account. (b) Appoint a person to provide interpretation services if that person is serving as an advocate for the party. (h) The interest of the public in the pending civil and criminal litigation. After reviewing such a declaration by the petitioner, the court may ask the petitioner to appear at the hearing or provide additional declaration or documentation to address disputed issues. When domestic violence victims seek to separate from their abuser, they face increased risks. [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 The motion for renewal must state the reasons the petitioner seeks to renew the protection order. (2) Information within the database must be easily accessible and accurately updated as soon as possible but no later than within one judicial day. Such requests may be granted in the court's discretion. Temporarily removing firearms under these circumstances is an important tool to prevent suicide, homicide, and community violence. You are responsible for providing all relevant information to the court in support of your petition, and (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. This record will be exempt from public disclosure at all times, and restricted access to this form is governed by general rule 22 provisions governing access to the confidential information form. Those who participate in the protection order process often find it difficult to navigate the statutes, which were adopted at different times and contain differing jurisdictional approaches, procedures, definitions, and types of relief offered, among other differences, all of which can create barriers and cause confusion. (18) "Hospital" means a facility licensed under chapter. (b) "Mental abuse" means an intentional, willful, or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult. . The court may order that the respondent not attend the public or private elementary, middle, or high school attended by the petitioner. (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. day of . (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. (2) Any order issued under this section must contain the date, time of issuance, and expiration date. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. Firearms are used to commit more than half of all intimate partner homicides in the United States. (3) A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section. (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. If a temporary protection order is reissued and the court permits service by mail or by publication, the court shall reset the hearing date not later than 30 days from the date of the order authorizing such service. 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. (7) The court shall not dismiss, over the objection of a petitioner, a petition for a protection order or a motion to renew a protection order based on the inability of law enforcement or the petitioner to serve the respondent, unless the court determines that all available methods of service have been attempted unsuccessfully or are not possible. (15) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. . The court has broad discretion to grant such relief as the court deems proper, including the forms of relief listed in RCW. (7) Prehearing discovery under the civil court rules, including, but not limited to, depositions, requests for production, or requests for admission, is disfavored and only permitted if specifically authorized by the court for good cause shown upon written motion of a party filed six judicial days prior to the hearing and served prior to the hearing. (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. . Petitioners shall be provided the necessary number of certified copies, forms, and instructional brochures free of charge, including a copy of the service packet that consists of all documents that are being served on the respondent. (n) Evidence of recent acquisition of firearms by the respondent. . You must meet certain requirements to be eligible to file for a Stalking Protection Order in King County, but even if you do not meet the criteria, there may be other types of legal protection 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. (v) In proceedings involving domestic violence where coercive control is part of the harm alleged: (A) The frequency of conflicting protection orders, cross-petitions (where each party files a petition against the other), or realigned orders (where the court finds that the original petitioner is the abuser and the original respondent is the victim); (B) Enforcement of protection order violations; (C) Other legal proceedings involving either party, such as family, dependency, or criminal matters; and. 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. Live testimony of witnesses other than the parties may be requested by a party, but shall not be permitted unless the court finds that live testimony of witnesses other than the parties is necessary and material. The community resource list must include the names, telephone numbers, and, as available, website links of domestic violence programs, sexual assault programs, and elder abuse programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, civil legal aid programs, elder abuse programs, interpreters, multicultural programs, and batterers' treatment programs. The petitioner may petition for a stalking protection order on behalf of: (d) A petition for a vulnerable adult protection order, which must allege that the petitioner, or person on whose behalf the petition is brought, is a vulnerable adult and that the petitioner, or person on whose behalf the petition is brought, has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect, by the respondent. (28) "Petitioner" means any named petitioner or any other person identified in the petition on whose behalf the petition is brought. The legislature finds that: (a) Domestic violence is a problem of immense proportions. Judicial information system consultation. Repealed by 2021 c 215 170, effective Domestic violence victims also face increased risks when their abuser has access to firearms. (c) The petitioner engaged in limited consensual sexual touching. (c) Determine the significant non-English-speaking or limited English-speaking populations in the state. Individuals who pose a danger to themselves or others often exhibit signs that alert family, household members, or law enforcement to the threat. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. In keeping with the harm reduction approach of this lifesaving tool, the legislature finds that it is appropriate to allow for immunity from prosecution for certain offenses when appropriate to create a safe harbor from prosecution for certain offenses to increase compliance with orders to surrender and prohibit firearms. Reporting of modification or termination of order. Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. "Physical restraint" does not include (a) briefly holding, without undue force, a vulnerable adult in order to calm or comfort him or her, or (b) holding a vulnerable adult's hand to safely escort him or her from one area to another. 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. If a petition meets the criteria for a different type of protection order other than the one sought by the petitioner, the court shall consider the petitioner's preference, and enter a temporary protection order or set the matter for a hearing as appropriate under the law. 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. (ii) Acts that prevent or obstruct a person from meeting with others, such as telling a prospective visitor or caller that the person is not present or does not wish contact, where the statement is contrary to the express wishes of the person. Sections. (7) Upon the filing of an affidavit by the petitioner or any law enforcement officer alleging that the respondent has violated a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order granted under chapter. (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. On average, there are over 100 gun deaths each day, 61 percent of which are suicides. 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. (1) The court shall issue a protection order if it finds by a preponderance of the evidence that the petitioner has proved the required criteria specified in (a) through (f) of this subsection for obtaining a protection order under this chapter. (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. "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. Relief for temporary and full protection orders, Law enforcement stand-by to recover possessions. (respondent): You are hereby summoned to appear on the . (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. (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 or clerk must make available electronically to judicial officers any protection orders filed within the state. Courts shall make publicly available in print and online information about their transfer procedures, court calendars, and judicial officer assignment. (4) In proceedings where the petitioner alleges that the respondent engaged in stalking, the court may not require proof of the respondent's intentions regarding the acts alleged by the petitioner. 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. According to the centers for disease control and prevention, one in six men, one in three women, and one in two nonbinary persons will experience sexual violence in their lifetime. The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. 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. 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. CIVIL PROTECTION ORDERSVARIOUS PROVISIONS EFFECTIVE DATE: July 1, 2022Except for sections 9 through 14 and 47, which take effect March 31, 2022; and section 37, which takes effect July 1, 2023. A protection order petition is your action brought against the other party, the respondent. . For permanent orders, the court shall set the date to expire 99 years from the issuance date. 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. Before dismissing or granting a petition due to the petitioner or respondent not appearing for a remote hearing, or the court not being able to reach the party via telephone or video, the court shall check for any notifications to the court regarding issues with remote access or other technological difficulties. 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. . Sections 7.92.010 Intent-Finding. (c) The firearm is not otherwise unlawfully possessed by the owner. This section applies to the modification or termination of vulnerable adult protection orders. (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. (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. Reporting of modification or termination of order. (c) For a stalking protection order, that the petitioner has been subjected to stalking by the respondent. . 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. Out-of-state child custody jurisdictional issues. These orders are found on the second page of the Family Law Summons and are there to protect both parties. (2) During the hearing, the court shall consider whether a behavioral health evaluation is appropriate, and may order such evaluation if appropriate. . This occurs when an accused enters a store or business A petitioner who has been sexually assaulted 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. The order must remain in the computer until the expiration date specified on the order. (31) "Respondent" means the person who is identified as the respondent in a petition filed under this chapter. ., (year) . (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. Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties are governed by the uniform child custody jurisdiction and enforcement act, chapter. (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. (d)(i) At the show cause hearing, the respondent must be present and provide proof of compliance with the extreme risk protection order and demonstrate why the relief requested should not be granted. Judicial officers may not be charged for access to such documents. Dismissal or suspension of criminal prosecution in exchange for protection order. Such appearance does not constitute the unauthorized practice of law. A petition for an extreme risk protection order may be filed by (i) an intimate partner or a family or household member of the respondent; or (ii) a law enforcement agency. 7.92.150 Protection orders-Service to respondent-Service by publication. (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. 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