rcw stalking protection order

(12) Courts shall, if possible, have petitioners and respondents in protection order proceedings gather in separate locations and enter and depart the court room at staggered times. If the court finds that the motion and related documents should be sealed pursuant to court rule and governing law, it may enter an order sealing the documents. The petitioner may also file a declaration in response to the respondent's representation of compliance with any conditions of the order. (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. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Nothing in this section prohibits the petitioner from utilizing other civil or criminal remedies to restrain conduct or communications not otherwise constitutionally protected. (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. (8) Appearances required under this section are mandatory and cannot be waived. [. "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. This occurs when an accused enters a store or business (f) The respondent no longer lives near the petitioner. Definitions. (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. Victims who do not report the stalking behavior they are experiencing still may need safety and protection from future interactions with the perpetrator through expedient access to the civil court system, and this protection can be accomplished without infringing on constitutionally protected speech or activity; (d) Serious, personal harassment through invasions of a person's privacy by an act, acts, or words showing an intent to coerce, intimidate, or humiliate the victim is increasing. (10) If the petition states that disclosure of the petitioner's address or other identifying location information would risk harm to the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. The court or clerk must make available electronically to judicial officers any protection orders filed within the state. . (i) No filing fee may be charged to a petitioner seeking an antiharassment protection order against a person who has engaged in acts of stalking as defined in RCW 9A.46.110, a hate crime These include using approaches such as online filing of petitions, electronic service of protection orders, and video and telephonic hearings to maintain and improve access to the courts. (2) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. (h) Order the respondent to obtain a mental health or chemical dependency evaluation. (4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order. If the court finds that the offer of proof is relevant to the issue of the victim's consent, the court shall conduct a hearing in camera. (b) The protection order advocate shall not provide legal representation nor interpretation services. Consent must be ongoing and may be revoked at any time. If the court determines that the vulnerable adult is not capable of protecting his or her person or estate in connection with the issues raised in the petition or order, and that the vulnerable adult continues to need protection, the court shall order relief consistent with this chapter as it deems necessary for the protection of the vulnerable adult. (12) "Facility" means a residence licensed or required to be licensed under chapter. 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. (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. (2) By July 1, 2022, the administrative office of the courts, through the gender and justice commission of the Washington state supreme court, and with the support of the Washington state women's commission, shall work with representatives of superior, district, and municipal court judicial officers, court clerks, and administrators, including those with experience in protection order proceedings, as well as advocates and practitioners with expertise in each type of protection order, and others with relevant expertise, to develop for the courts: (a) Standards for filing evidence in protection order proceedings in a manner that protects victim safety and privacy, including evidence in the form of text messages, social media messages, voice mails, and other recordings, and the development of a sealed cover sheet for explicit or intimate images and recordings; and. The specified distance shall presumptively be at least 1,000 feet, unless the court for good cause finds that a shorter specified distance is appropriate; (f) If the parties have children in common, make residential provisions with regard to their minor children on the same basis as is provided in chapter, (g) Order the respondent to participate in a state-certified domestic violence perpetrator treatment program approved under RCW. Communication on any electronic medium that is generally available to any individual residing in the state is sufficient to exercise jurisdiction under subsection (1)(d) of this section. (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. The following apply only to the specific type of protection orders referenced in each subsection. 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. Upon receipt of the order, the law enforcement agency shall promptly enter it in the computer-based criminal intelligence information system, or if the order is terminated, remove the order from the computer-based criminal intelligence information system. "Mechanical restraint" does not include the use of devices, materials, or equipment that are (a) medically authorized, as required, and (b) used in a manner that is consistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter. The court shall favor speedy and cost-effective methods of service to promote prompt and accessible resolution of the merits of the petition. You are responsible for providing all relevant information to the court in support of your petition, and (1) The clerk of the court shall enter any protection order, including temporary protection orders, issued under this chapter into a statewide judicial information system on the same day such order is issued, if possible, but no later than the next judicial day. . Revenue from the $15 fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account. The instructions, brochures, forms, and handbook must be prepared in consultation with civil legal aid, culturally specific advocacy programs, and domestic violence and sexual assault advocacy programs. (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or health care. 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. (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. (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. (5) If the court has information regarding any of the respondent's known aliases, that information must be included in the protection order. Temporarily removing firearms under these circumstances is an important tool to prevent suicide, homicide, and community violence. 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. (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. (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. (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. The court may also prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance of specified locations where the pet is regularly found; (p) Enter an order restricting the respondent from engaging in abusive litigation as set forth in chapter. Petitioner or person on whose behalf order sought is a vulnerable adult and has (IV) Contact local or federal agencies based on actual or suspected immigration status; (F) Exerting control over the other party's identity documents; (G) Making, or threatening to make, private information public, including the other party's sexual orientation or gender identity, medical or behavioral health information, or other confidential information that jeopardizes safety; or. [2013 c 84 1.] The court's order, entered after a hearing, need not be served on a respondent who fails to appear before the court for the hearing, if material terms of the order have not changed from those contained in the temporary order, and it is shown to the court's satisfaction that the respondent has previously been served with the temporary 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. Unless the court orders a hearing to be closed to the public consistent with the requirements of Washington law, courts should provide access to members of the public who wish to observe or listen to a hearing conducted by telephone, video, or other electronic means. (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. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. Law enforcement shall continue to attempt to complete service unless otherwise directed by the court. The motion must include an offer of proof of the relevancy of the proposed evidence and reasonably specific information as to the date, time, and place of the past sexual conduct between the petitioner and the respondent. Out-of-state child custody jurisdictional issues. (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. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. 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. When the order requires the respondent to vacate the parties' shared residence, law enforcement shall take reasonable steps to ensure that the respondent has left the premises and is on notice that his or her return is a violation of the terms of the order. Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section. (1) Washington state has been a national leader in adopting legal protections to prevent and respond to abuse, violence, harassment, stalking, neglect, or other threatening behavior, through the enactment of different types of civil protection orders, which are intended to provide a fast, efficient means to obtain protection against perpetrators of these harms. 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 superior court to which the case is being transferred shall determine whether to grant any request for a continuance. Petitioners and respondents should not be charged for electronic notification. The legislature further finds the surrender of firearms in civil protection orders is critical to public health. The envelopes must bear the return address where the petitioner may receive legal mail. (3) In proceedings where the petitioner alleges that the respondent engaged in nonconsensual sexual conduct or nonconsensual sexual penetration, the court shall not require proof of physical injury on the person of the petitioner or any other forensic evidence. The list must be made available in print and online. (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. (8)(a) To help ensure that accurate and comprehensive information about firearms compliance is provided to judicial officers, a representative from either the prosecuting attorney's office or city attorney's office, or both, from the relevant jurisdiction may appear and be heard at any hearing that concerns compliance with an extreme risk protection order. (6) The protection order petition must contain a section where the petitioner, regardless of petition type, may request specific relief provided for in RCW. Repealed by 2021 c 215 170, effective Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. A petitioner who has been 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 stalking protection order. (c) "Personal exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another. (4) If a petition for a protection order is filed by an interested person, the affidavit or declaration must also include a statement of why the petitioner qualifies as an interested person. After a protection order is issued, the court may correct clerical or technical errors in the order at any time. (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. If the respondent has moved from that county or municipality and personal service is not required, the law enforcement agency specified in the order may serve the order; (2) Service of an order issued under this chapter must take precedence over the service of other documents by law enforcement unless they are of a similar emergency nature; (3) Where personal service is required, the first attempt at service must occur within 24 hours of receiving the order from the court whenever practicable, but not more than five days after receiving the order. . 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. (b) For a sexual assault protection order, that the petitioner has been subjected to nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent. HTML PDF: 9A.46.060: Crimes included in harassment. (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. (1) The superior and district courts In considering the request, the court may consider the rebuttable presumption against delay and the purpose of this chapter to provide victims quick and effective relief. In the entry of any order that is inconsistent with the expressed wishes of the vulnerable adult, the court's order is governed by the legislative findings contained in RCW. 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. For deposit in the domestic violence prevention account are mandatory and can not be freely given a! 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