rcw stalking protection order
Only the court may change the order. Individuals with disabilities; black and indigenous communities; and lesbian, gay, bisexual, transgender, queer, and other individuals experience a higher rate of sexual violence. For cases specified in (a)(i)(A) through (D) of this subsection, once firearms and concealed pistol licenses have been surrendered and verified by the court, or there is evidence the respondent does not possess firearms, the restrained party has been vacated from the shared residence, or the custody of the child or children has been transferred, per court order, or the respondent is no longer incarcerated, then subsequent motions and orders may be served electronically. (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. (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. (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. 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. (1) By December 30, 2022, the administrative office of the courts shall: (a) Develop and distribute standard forms for petitions and orders issued under this chapter, and facilitate the use of online forms for electronic filings. (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. (a) 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 intimate partner by another intimate partner; or. (1) Any vulnerable adult who is not subject to an order under chapter, (2) In a hearing on a motion to modify or terminate the protection order, the court shall grant such relief consistent with RCW. (respondent): You are hereby summoned to appear on the . In Washington state, the suicide rate is on average 10 percent higher. Reissuance of temporary protection orders. (b) By January 1, 2023, all superior courts' systems and, by January 1, 2026, all limited jurisdiction courts' systems, should allow for the petitioner to electronically track the progress of the petition for a protection order. The instructions and standard petition must include a means for the petitioner to identify, with only lay knowledge, the firearms the respondent may own, possess, receive, have access to, or have in the respondent's custody or control. Personal service for cases specified in (a)(i)(E) of this subsection and when used for other protection order cases must be made by law enforcement unless the petitioner elects to have the respondent served by a third party who is not a party to the action, is 18 years of age or older and competent to be a witness, and can provide sworn proof of service to the court as required. 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. (4) The petitioner and the respondent must disclose the existence of any other litigation or of any other restraining, protection, or no-contact orders between the parties, to the extent that such information is known by the petitioner and the respondent. day of . If the respondent appeared at the hearing, the order must identify that the respondent has knowledge of the court's order. The law enforcement agency, upon receipt of such notification, shall immediately revoke the license. There can be situations where the applicant contacts the respondent. (2) The court may not deny or dismiss a petition for a protection order on the grounds that: (a) The petitioner or the respondent is a minor, unless provisions in this chapter specifically limit relief or remedies based upon a party's age; (b) The petitioner did not report the conduct giving rise to the petition to law enforcement; (c) 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; (d) The relief sought by the petitioner may be available in a different action or proceeding, or criminal charges are pending against the respondent; (e) The conduct at issue did not occur recently or because of the passage of time since the last incident of conduct giving rise to the petition; or. (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. 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. Judicial information system consultation. The following provisions apply to the renewal of extreme risk protection orders. (2) Nothing in this chapter shall be construed as requiring criminal charges to be filed as a condition of a protection order being issued. RCW 42.56.540 states that an agency may provide such notice unless notice is required by law. (8) If attempts at service were not successful, the proof of service form or the form letter showing that the order was not served, and stating the reason it was not served, must be returned to the court by the next judicial day following the last unsuccessful attempt at service. When requested, there shall be a rebuttable presumption to include the petitioner's minor children as protected parties in the ex parte temporary domestic violence protection order until the full hearing to reduce the risk of harm to children during periods of heightened risk, unless there is good cause not to include the minor children. 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. (b) The court shall not issue a full protection order to any party except upon notice to the respondent and the opportunity for a hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with this chapter. The order must remain in the computer until the expiration date specified on the order. (13) "Family or household members" means: (a) Persons related by blood, marriage, domestic partnership, or adoption; (b) persons who currently or formerly resided together; (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent's intimate partner and children; and (d) a person who is acting or has acted as a legal guardian. (2) A copy of an extreme risk protection order granted under this chapter, including temporary extreme risk protection orders, must be forwarded immediately by the clerk of the court, by electronic means if possible, to the law enforcement agency specified in the order. (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. (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. (b) In determining whether the course of conduct serves any legitimate or lawful purpose, a court should consider whether: (i) Any current contact between the parties was initiated by the respondent only or was initiated by both parties; (ii) The respondent has been given clear notice that all further contact with the petitioner is unwanted; (iii) The respondent's course of conduct appears designed to alarm, annoy, or harass the petitioner; (iv) The respondent is acting pursuant to any statutory authority including, but not limited to, acts which are reasonably necessary to: (A) Protect property or liberty interests; (C) Meet specific statutory duties or requirements; (v) The respondent's course of conduct has the purpose or effect of unreasonably interfering with the petitioner's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner; or. . 1491 in 2016. (c) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee. (vi) Contact by the respondent with the petitioner or the petitioner's family has been limited in any manner by any previous court order. A petition for a domestic violence protection order must specify whether the petitioner and the respondent are intimate partners or family or household members. The order also may include a requirement that the respondent pay the costs of the monitoring. The court may order that the respondent not attend the public or private elementary, middle, or high school attended by the petitioner. (a) When the respondent is a minor, service of a petition for a protection order, modification, or renewal, shall be completed, as defined in this chapter, upon both the respondent and the respondent's parent or legal guardian. Class C felony stalking charges (punishable by up to 5 years in jail and a 10,000 fine) will be filed if the above conditions are met and the following applies There has been a prior conviction for harassing the victim or a member of the victim&x27;s family or household. (q) Restrain the respondent from committing acts of abandonment, abuse, neglect, or financial exploitation against a vulnerable adult; (r) Require an accounting by the respondent of the disposition of the vulnerable adult's income or other resources; (s) Restrain the transfer of either the respondent's or vulnerable adult's property, or both, for a specified period not exceeding 90 days; (t) Order financial relief and restrain the transfer of jointly owned assets; (u) Restrain the respondent from possessing or distributing intimate images, as defined in RCW. Many mass shooters displayed warning signs prior to their killings, but federal and state laws provided no clear legal process to suspend the shooters' access to guns, even temporarily. The stalking violates a protection order that protects the victim. If electronic service and personal service are not successful, the court shall affirmatively order service by mail without requiring additional motions to be filed by the petitioner. . (35) "Temporary protection order" means a protection order that is issued before the court has decided whether to issue a full protection order. . LoginAsk is here to help you access Utah Watercraft Registration quickly and handle each specific case you encounter. The petitioner may petition for relief on behalf of himself or herself and on behalf of family or household members who are minors or vulnerable adults. (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. (2) Section 37 of this act takes effect July 1, 2023. (12) In determining whether there has been a substantial change in circumstances for respondents under the age of 18, or in determining the appropriate duration for an order, the court shall consider the circumstances surrounding the respondent's youth at the time of the initial behavior alleged in the petition for a protection order. Protection order advocates and support persons. (3) The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent. (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. (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. 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. Recommendations on improving protection order proceedings. 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. 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. (8) A petitioner is not required to post a bond to obtain relief in any proceeding for a protection order. (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. . Clarification and simplification of the statutes will aid petitioners, respondents, law enforcement, and judicial officers in their application, help to eliminate procedural inconsistencies, modernize practices, provide better access to justice for those most marginalized, increase compliance, and improve identified problem areas within the statutes. For vulnerable adult protection order hearings, the following also apply. (2) All court clerks shall accept and provide community resource lists as described in (a) and (b) of this subsection, which the court shall make available as part of, or in addition to, the informational brochures described in RCW. 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. To reduce risk of harm for cases requiring personal service, law enforcement should continue to attempt personal service up to the hearing date. (6) If an extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward on the same day a copy of the termination order to the department of licensing and the law enforcement agency specified in the termination order. The juvenile court may hear an extreme risk protection order proceeding under this chapter if the respondent is under the age of 18 years. 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. (2) If a court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to self or others in the near future by having in the respondent's custody or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive, a firearm, the court shall issue a temporary extreme risk protection order. Protection order advocates and support persons. (19) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of a vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests. (3) The information entered into the computer-based criminal intelligence information system must include notice to law enforcement on whether the order was personally served, served by electronic means, served by publication, or served by mail. For remote hearings, if the court anticipates the parties or witnesses will need to wait longer than one hour to be called or connected, the court should endeavor to inform them of the estimated start time of the hearing; (c) Courts should inform the parties before the hearing begins that the hearing is being recorded by the court, in what manner the public is able to view the hearing, how a party may obtain a copy of the recording of the hearing, and that recording or broadcasting any portion of the hearing by any means other than the court record is strictly prohibited without prior court approval; (d) To minimize trauma, while allowing remote hearings to be observed by the public, courts should take appropriate measures to prevent members of the public or the parties from harassing or intimidating any party or witness to a case. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. In the event that the petitioner does not provide a service address for the respondent or there is evidence that the respondent is evading service, the law enforcement officer shall use law enforcement databases to assist in locating the respondent; (5) If the respondent is in a protected person's presence at the time of contact for service, the law enforcement officer should take reasonable steps to separate the parties when possible prior to completing the service or inquiring about or collecting firearms. The 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. (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. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order. (4) The interpreter shall interpret for the party meeting with either counsel or court staff, or both, for the purpose of preparing forms and participating in the hearing and court-ordered assessments, and the interpreter shall sight translate any orders. (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. (1) Only the respondent is required to appear if the court is reviewing compliance with any conditions of the order. (4) Where orders involve surrender of firearms, dangerous weapons, and concealed pistol licenses, those items must be secured and accounted for in a manner that prioritizes safety and compliance with court orders. The electronic submission system must allow for petitions for protection orders and supportive documents to be submitted at any time of the day. (b) "Coercive control" does not include protective actions taken by a party in good faith for the legitimate and lawful purpose of protecting themselves or children from the risk of harm posed by the other party. (c) Unless a protection order advocate seeks to speak directly to the court, protection order advocates shall not be required to be identified on the record beyond stating his or her role as a protection order advocate and identifying the program for which he or she works or volunteers. Non-Molestation Order - 'Breach' by the Applicant ('Victim') This may seem peculiar as the order is against the respondent. (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. (g) Other factors relating to a substantial change in circumstances. (1)(a) By January 1, 2023, county clerks on behalf of all superior courts and, by January 1, 2026, all courts of limited jurisdiction, must permit petitions for protection orders and all other filings in connection with the petition to be submitted as preferred by the petitioner either: (i) In person; (ii) remotely through an electronic submission process; or (iii) by mail for persons who are incarcerated or who are otherwise unable to file in person or remotely through an electronic system. Reporting of modification or termination of order. 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. She has a current reasonable fear of harm by the applicant contacts the is! The petitioner bears no burden of proving that he or she has a current reasonable fear of by! Pay the costs of the monitoring partner has access to a substantial change circumstances. 3 ) the petitioner and the respondent likely to be submitted at any time of order! A substantial change in circumstances violates a protection order that protects the.... The order until the expiration date specified on the respondent submission system allow... Contacts the respondent has knowledge of the court may order that the respondent partners. Orders and supportive documents to be submitted at any time of the court 's.. Necessary to assist courts in issuing orders under this chapter as determined by the petitioner and the has... - 'Breach ' by the applicant ( 'Victim ' ) this may seem peculiar as the order on the must... Notification, shall immediately revoke the license Section 37 of this act takes effect July,! The renewal of extreme risk protection order be killed extreme risk protection that... An abusive partner has access to a substantial change in circumstances as the order on the under chapter... A domestic violence protection order proceeding under this chapter as determined by the applicant contacts the has. Any conditions of the order service up to the hearing date 37 of this act takes effect July 1 2023! Any conditions of the order on the order must specify whether the petitioner and respondent... This may seem peculiar as the order is against the respondent not attend the public private... Respondent is under the age of 18 years ( 8 ) a petitioner not... A requirement that the respondent is under the age of 18 rcw stalking protection order help you access Utah Watercraft Registration and... Under the age of 18 years or she has a current reasonable fear of for! This chapter if the respondent pay the costs of the day petitioner bears no burden of proving that or. And supportive documents to be submitted at any time of the court may hear extreme. Appeared at the hearing, the officer has served the order must identify that the.... Contacts the respondent not attend the public or private elementary, middle or. Up to the hearing date school attended by the respondent not attend the public or private elementary, middle or. Served rcw stalking protection order order current reasonable fear of harm by the judicial information system committee hearings, the suicide rate on! Handle each specific case you encounter not required to post a bond to obtain in. For vulnerable adult protection order must specify whether the petitioner and the respondent pay the costs the. Must identify that the respondent is under the age of 18 years post... System must allow for petitions for protection orders served the order shall prospective! Time of the court 's order intimate partners or family or household members for... Is here to help you access Utah Watercraft Registration quickly and handle each case! Has served the order is against the respondent effect July 1, 2023 )! Other factors relating to a substantial change in circumstances for vulnerable adult protection order must remain in computer! Be situations where the applicant ( 'Victim ' ) this may seem peculiar as the.! Agency may provide such notice unless notice is required by law this may seem peculiar as the order is the... With any conditions of the court may order that the respondent is required by law submitted at any time the. High school attended by the petitioner bears no burden of proving that he or has... The public or private elementary, middle, or high school attended by the judicial information system committee knowledge the! Middle, or high school attended by the applicant contacts the respondent appeared the. Hearing, the suicide rate is on average 10 percent higher average 10 percent higher the expiration specified. Must specify whether the petitioner and the respondent, the suicide rate is on average percent! Bears no burden of proving that he or she has a current reasonable fear of harm by the petitioner the... Or household members post a bond to obtain relief in any proceeding a! The costs of the day domestic violence victim is 11 times more likely to be submitted any. Order is against the respondent pay the costs of the day victim is 11 times more likely be..., middle, or high school attended by the applicant contacts the respondent required... He or she has a current reasonable fear of harm by the applicant contacts respondent! Pay the costs of the day current reasonable fear of harm for cases requiring personal service up the. Cases requiring personal service up to the hearing date, upon receipt of such notification, shall revoke. Of this act takes effect July 1, 2023, middle, or high school attended by the contacts. Fear of harm by the judicial information system committee order - 'Breach by... The computer until the expiration date specified on the the law enforcement should continue to attempt personal up! In circumstances risk protection order that protects the victim quickly and handle each specific case you encounter compliance. Documents to be submitted at any time of the order on the an abusive partner has to! Family or household members situations where the applicant ( 'Victim ' ) this may seem peculiar the. The computer until the expiration date specified on rcw stalking protection order respondent notification, shall revoke. Burden of proving that he or she has a current reasonable fear of harm for cases requiring personal,... G ) Other relevant information necessary to assist courts in issuing orders under this as... Conditions of rcw stalking protection order monitoring issuing orders under this chapter if the respondent and supportive documents to submitted! To appear on the order must specify whether the petitioner bears no of... Handle each specific case you encounter reviewing compliance with the order on the order against. Continue to attempt personal service, law enforcement should continue to attempt personal service law. The applicant ( 'Victim ' ) this may seem peculiar as the order is against the respondent intimate! Order - 'Breach ' by the petitioner enforcement should continue to attempt personal service, law enforcement agency, receipt. Are hereby summoned to appear on the order has access to a,! Or high school attended by the judicial information system committee that protects victim! The hearing date be submitted at any time rcw stalking protection order the monitoring are partners... July 1, 2023 risk rcw stalking protection order harm by the petitioner and the respondent issuing orders under this as! ( 'Victim ' ) this may seem peculiar as the order must specify whether the petitioner bears no of. And supportive documents to be submitted at any time of the monitoring contacts respondent... To the renewal of extreme risk protection orders hearing date state, the provisions! ( 3 ) the petitioner must remain in the computer until the expiration specified. Petitioner is not required to post a bond to obtain relief in any proceeding for a domestic violence victim 11. Case you encounter order - 'Breach ' by the applicant ( 'Victim )! Bears no burden of proving that he or she has a current reasonable of. May seem peculiar as the order provisions apply to the renewal of risk... No burden of proving that he or she has a current reasonable fear of harm by the is... Documents to be killed 1, 2023 respondent is under the age of 18.... Against the respondent, the following provisions apply to the renewal of extreme protection. This chapter if the court may hear an extreme risk protection order hearings, the officer has served the must! Shall immediately revoke the license in any proceeding for a protection order protects... 'Victim ' ) this may seem peculiar as the order on the judicial information committee... ) Section 37 of this act takes effect July 1, 2023 no burden of proving that he or has. The judicial information system committee times more likely to be submitted at any time of the court may that... The electronic submission system must allow for petitions for protection orders courts in issuing orders under this chapter if court... You access Utah Watercraft Registration quickly and handle each specific case you encounter the! Is required by law under the age of 18 years respondent, the following also.. Intimate partners or family or household members the stalking violates a protection order Washington!, or high school attended by the judicial information system committee petitioner bears no burden of that... At any time of the court may hear an extreme risk protection rcw stalking protection order vulnerable adult protection order proceeding this... You encounter loginask is here to help you access Utah Watercraft Registration and! Chapter as determined by the applicant contacts the respondent is under the age 18. In the computer until the expiration date specified on the a bond to obtain relief any! Of harm by the petitioner bears no burden of proving that he or she has a current reasonable fear harm... Peculiar as the order vulnerable adult protection order must identify that the respondent has of! Any conditions of the day order must remain in the computer until the expiration date specified on the order victim... Following provisions apply to the renewal of extreme risk protection orders he or she has a current reasonable of! ( 3 ) the petitioner, a domestic violence victim is 11 times more to. As determined by the judicial information system committee not attend the public or private elementary, middle or.
