Such notice should be provided to the petitioner by electronic means if possible, but may also be made by telephone or another method that allows notification to be provided without unnecessary delay. (11) If the court declines to renew the protection order, the court shall state, in writing in the order, the particular reasons for the court's denial. (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. In hearings under this chapter, the following apply: (1) Hearings under this chapter are special proceedings. (2) Information within the database must be easily accessible and accurately updated as soon as possible but no later than within one judicial day. (6) The protection order petition must contain a section where the petitioner, regardless of petition type, may request specific relief provided for in RCW. The order is fully enforceable in any county in the state. (b) The term "isolate" or "isolation" may not be construed in a manner that prevents a guardian or limited guardian from performing his or her fiduciary obligations under *chapter. 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. (f) Any coerced or forced touching or fondling by a child under the age of 16, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others. At the onset of a divorce, automatic temporary restraining orders , also known as ATROS, go into effect to make sure the status quo remains during the pendency of the case. (2)(a) If a protection order restrains the respondent from contacting the respondent's minor children, the restraint must be for a fixed period not to exceed one year. ., at . Requests for changes must be made in writing.". . Upon receipt of the order, the law enforcement agency shall immediately enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Grant of order, denial of order, and improper grounds. Temporarily removing firearms under these circumstances is an important tool to prevent suicide, homicide, and community violence. (3) Transfer procedures, court calendars, and judicial officer assignment must further the goals of this chapter to: Minimize delay; make the system less complex; provide sufficient victim support, consistency, safety, timeliness, and procedural fairness; enable comprehensive use of electronic filing, case tracking, and records management systems; provide for judicial officers with expertise and training in protection orders and trauma-informed practices and continuity of judicial officers at each hearing so the judicial officer will have greater familiarity with the parties, history, and allegations; and help ensure that there is compliance with timely and comprehensive firearms relinquishment to reduce risk of harm. (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 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. (4) A temporary extreme risk protection order issued expires upon the full hearing on the petition for an extreme risk protection order, unless reissued by the court. (3) The court may issue an ex parte temporary protection order on the petition with or without a hearing. (1) Whether or not the petitioner has retained an attorney, a sexual assault or domestic violence advocate, as defined in RCW. (5) The order shall specify the date the order expires, if any. (iii) State courts can query the national crime information center to check for tribal, military, and other jurisdictions' protection orders prior to issuing protection orders; (f) Developing best practices for minor respondents and petitioners in civil protection order proceedings, including what sanctions should be provided for in law, with input from legal advocates for children and youth, juvenile public defense, juvenile prosecutors, adolescent behavioral health experts, youth development experts, educators, judicial officers, victim advocates, restorative-informed or trauma-informed professionals, child advocacy centers, and professionals experienced in evidenced-based modalities for the treatment of trauma; and. (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. Service must be made on the respondent not less than five judicial days before the hearing, as provided in RCW. (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. This section applies to modification or termination of domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. [ ] Domestic Violence Protection Order The restrained person has subjected the Courts also may allow a law enforcement petitioner to participate remotely, or allow another representative from that law enforcement agency or the prosecutor's office to present the information to the court if personal presence of the petitioning officer is not required for testimonial purposes. (1)(a) Whenever a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order is granted under this The court shall not include provisions in a protection order that would allow the respondent to engage in conduct that is prohibited by another restraining, protection, or no-contact order between the parties that was entered in a different proceeding. In such a case, the district shall provide transportation at no cost to the respondent if the respondent's parent or legal guardian is unable to pay for transportation. Out-of-state child custody jurisdictional issues. (2) Courts shall not accept agreed orders unless there are findings indicating whether the respondent is a credible threat to the physical safety of the protected person or child. 7.92.150 Protection orders-Service to respondent-Service by publication. HTML PDF: 7.105.065: Jurisdiction (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. Jurisdiction Vulnerable adult protection orders. You may not have in your custody or control, access, possess, purchase, receive, or attempt to purchase or receive, a firearm, or a concealed pistol license, while this order is in effect. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. As a method of continuous training, court commissioners, including pro tempore commissioners, shall be notified by the presiding judge or court administrator upon revision of any decision made under this chapter. 2265(d)(3) that prohibit internet publication of filing or registration information of protection orders when such publication is likely to reveal the identity or location of the person protected by the order. (2) A respondent's motion to modify or terminate an existing protection order must include a declaration setting forth facts supporting the requested order for modification or termination. The court shall grant any request for a remote appearance unless the court finds good cause to require in-person attendance or attendance through a specific means. Individuals who pose a danger to themselves or others often exhibit signs that alert family, household members, or law enforcement to the threat. An "ex parte temporary protection order" means a temporary protection order that is issued without prior notice to the respondent. (1) All court clerks' offices shall make available the standardized forms, instructions, and informational brochures required by this chapter, and shall keep current specific program names and telephone numbers for community resources, including civil legal aid and volunteer lawyer programs. The following apply to all petitions for protection orders under this chapter. (4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order. (c) Courts may make the community resource lists specified in (a) and (b) of this subsection available as part of, or in addition to, the informational brochures described in subsection (1) of this section, and should accept from the programs that provided the resource lists translations of them into the languages spoken by the county's top five significant non-English-speaking populations. Domestic violence should not be minimized or dismissed based on any mental health diagnoses of the perpetrator or the victim. The court has broad discretion to grant such relief as the court deems proper, including the forms of relief listed in RCW. (f) The respondent no longer lives near the petitioner. (iv) Any other adult for whom the petitioner demonstrates to the court's satisfaction that the petitioner is interested in the adult's well-being, the court's intervention is necessary, and the adult cannot file the petition because of age, disability, health, or inaccessibility. The court has discretion not to disclose information that the court does not propose to consider. (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. (1) An extreme risk protection order issued after notice and a hearing must include: (a) A statement of the grounds supporting the issuance of the order; (d) Whether a behavioral health evaluation of the respondent is required; (e) The address of the court in which any responsive pleading should be filed; (g) The following statement: "To the subject of this protection order: This order will last until the date and time noted above. The clerk shall identify the party as a person who needs interpreter services and the clerk or the court administrator shall be responsible for ensuring that an interpreter is available for every subsequent hearing. 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. (d) A protection order advocate 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 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. (a) The court clerk shall accept an appropriate community resource list from a domestic violence program and from a sexual assault program serving the county in which the court is located. Recommendations on improving protection order proceedings. The committee shall also consider methods to ensure compliance with the provisions of the federal violence against women act under 18 U.S.C. Chapter 7.92.030 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT Sections 7.92.010 Intent-Finding. (7) "Court clerk" means court administrators in courts of limited jurisdiction and elected court clerks. Washington state studies have found that domestic violence is the most predictive of future violent crime by the perpetrator. The following types of petitions for a protection order may be filed: (a) A petition for a domestic violence protection order, which must allege the existence of domestic violence committed against the petitioner or petitioners by an intimate partner or a family or household member. (15) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. (e) A petition for an extreme risk protection order, which must allege 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. A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent, and may have health problems that place him or her in a dependent position. (iii) If the law enforcement agency has a reasonable suspicion that the respondent is not in full compliance with the terms of the order, the law enforcement agency must submit the basis for its belief to the court, and may do so through the filing of an affidavit. (b) The court clerk may create a community resource list of crisis intervention, behavioral health, interpreter, counseling, and other relevant resources serving the county in which the court is located. Only the court may change the order. (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. (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. The motion for renewal must state the reasons the petitioner seeks to renew the protection order. . Each attempt at service must be noted and reflected in computer aided dispatch records, with the date, time, address, and reason service was not completed. "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. (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. (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. The order is fully enforceable in any county in the state. (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. Protection Orders At any time, a stalking victim can ask the courts for a protection order . (4) If an order entered by the court recites that the respondent appeared before the court, either in person or remotely, the necessity for further service is waived and proof of service of that order is not necessary, including in cases where the respondent leaves the hearing before a final ruling is issued or signed. The summons must be signed by the petitioner. The parent or legal guardian is responsible for costs unless the parent or legal guardian demonstrates inability to pay; (i) In cases where the petitioner and the respondent are students who attend the same public or private elementary, middle, or high school, the court, when issuing a protection order and providing relief, shall consider, among the other facts of the case, the severity of the act, any continuing physical danger, emotional distress, or educational disruption to the petitioner, and the financial difficulty and educational disruption that would be caused by a transfer of the respondent to another school. Parties, attorneys, and witnesses may electronically sign sworn statements in all filings. (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. (4) The court nearest to the petitioner's residence or former residence under subsection (3) of this section. Extreme risk protection orders allow for the temporary removal of the most lethal means of suicide from the situation, saving lives of those at risk. (c) For a stalking protection order, that the petitioner has been subjected to stalking by the respondent. (1) The superior and district courts All attempts at service must be documented on a proof of service form and submitted to the court in a timely manner; (4) If service cannot be completed within 10 calendar days, the law enforcement officer shall notify the petitioner. The respondent should be provided a blank confidential party information form at the time of service, and when the respondent first appears, the respondent must confirm with the court the respondent's identifying and current contact information, including electronic means of contact, and file this with the court. Service of the summons is considered complete on the date of the third publication when publication has been made for three consecutive weeks. 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. 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. (5) To better achieve these important public purposes, the legislature further finds the need to clarify and simplify these civil protection order statutes to make them more understandable and accessible to victims seeking relief and to respondents who are subject to the court process. . (5) If the court declines to issue a protection order, the court shall state in writing the particular reasons for the court's denial. (35) "Temporary protection order" means a protection order that is issued before the court has decided whether to issue a full protection order. The petitioner is required to fill out the confidential party information form to the petitioner's fullest ability. (8) The rules of evidence need not be applied, other than with respect to privileges, the requirements of the rape shield statute under RCW. (20) "Intimate partner" means: (a) Spouses or domestic partners; (b) former spouses or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time, unless the child is conceived through sexual assault; or (d) persons who have or have had a dating relationship where both persons are at least 13 years of age or older. "Mental abuse" may include ridiculing, yelling, swearing, or withholding or tampering with prescribed medications or their dosage. A hearing under this subsection is not necessary if the vulnerable adult has been determined to be subject to a guardianship, conservatorship, or other protective arrangement under chapter. A person may be targeted for harassing behavior due to his or her identity, such as age, gender, sexual orientation, race, religion, disability, or immigration status. (1) Where it appears from the petition and any additional evidence that the respondent has engaged in conduct against the petitioner that serves as a basis for a protection order under this chapter, and the petitioner alleges that serious immediate harm or irreparable injury could result if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order, pending a full hearing. (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. (g) Other factors relating to a substantial change in circumstances. (n) Evidence of recent acquisition of firearms by the respondent. (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. 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 court shall list the essential personal effects with sufficient specificity to make it clear which property is included. If the court corrects an error in an order, the court shall provide notice of the correction to the parties and the person who notified the court of the error, and shall provide a copy of the corrected order. HTML PDF: 9A.46.060: Crimes included in harassment. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give the petitioner a receipt indicating that the petitioner's copy has been served on the respondent. Any surrendered firearms must be handled and stored properly to prevent damage or degradation in appearance or function, and the condition of the surrendered firearms documented, including by digital photograph. An ex parte temporary protection order shall be effective for a fixed period of time and shall be issued initially for a period not to exceed 14 days, which may be extended for good cause. Sec. . (11) Courts shall not require parties to submit duplicate or working copies of pleadings or other materials filed with the court, unless the document or documents cannot be scanned or are illegible. (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. (5) A petition for any type of protection order must not be dismissed or denied on the basis that the conduct alleged by the petitioner would meet the criteria for the issuance of another type of protection order. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. 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. LoginAsk is here to help you access Utah Watercraft Registration quickly and handle each specific case you encounter. . (2) Washington state has enacted six different types of civil protection orders: (a) Domestic violence protection orders, adopted by the legislature in 1984; (b) vulnerable adult protection orders, adopted by the legislature in 1986; (c) antiharassment protection orders, adopted by the legislature in 1987; (d) sexual assault protection orders, adopted by the legislature in 2006; (e) stalking protection orders, adopted by the legislature in 2013; and (f) extreme risk protection orders, enacted by a vote of the people through Initiative Measure No. (4) 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. A No Contact Order may be (4) Where electronic service was not complete because there was no verification of notice, and service by mail or publication has been authorized, copies must also be sent by electronic means to any known electronic addresses. If the respondent appeared at the hearing, the order must identify that the respondent has knowledge of the court's order. It is a nonconfrontational. . (2)(a) If the petitioner for an extreme risk protection order is a law enforcement agency, the petitioner shall make a good faith effort to provide notice to an intimate partner or family or household member of the respondent and to any known third party who may be at risk of violence. (3) Once an interpreter has been appointed for a party, the party shall no longer be required to make further requests for the appointment of an interpreter for subsequent hearings or proceedings. (5) The issuing court shall, within three judicial days after the issuance of any extreme risk protection order, including a temporary extreme risk protection order, forward a copy of the respondent's driver's license or identicard, or comparable information, along with the date of order issuance, to the department of licensing. 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. Relief for temporary and full protection orders, Law enforcement stand-by to recover possessions. 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. "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. 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