rcw stalking protection order

Actual possession occurs when the item is in the actual physical custody of the person charged with possession. (b) The protection order advocate shall not provide legal representation nor interpretation services. (3) Upon the motion of a respondent, the court may not modify or terminate an existing protection order unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances such that the respondent will not resume, engage in, or attempt to engage in, the following acts against the petitioner or those persons protected by the protection order if the order is terminated or modified: (a) Acts of domestic violence, in cases involving domestic violence protection orders; (b) Physical or nonphysical contact, in cases involving sexual assault protection orders; (c) Acts of stalking, in cases involving stalking protection orders; or. (h) Other factors relating to a substantial change in circumstances. The parent or legal guardian is responsible for costs unless the parent or legal guardian demonstrates inability to pay; (k) Restrain the respondent from harassing, following, monitoring, keeping under physical or electronic surveillance, cyber harassment as defined in RCW. The law enforcement agency, upon receipt of such notification, shall immediately revoke the license. 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. . Revenue from the $15 fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account. If the court declines a request to include one or more of the petitioner's family or household member who is a minor or a vulnerable adult in the order, the court shall state the reasons for that denial in writing. Upon receiving notice pursuant to this subsection, a law enforcement agency must: (A) Provide the court with a complete list of firearms surrendered by the respondent or otherwise belonging to the respondent that are in the possession of the law enforcement agency; and. The nonmoving parties to the proceeding may file opposing declarations. 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. . (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. Increased access to technology has also increased methods of stalking. (9)(a) No fees for service of process may be charged by a court or any public agency to petitioners seeking relief under this chapter. (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. (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. Courts must consider on the record the following factors: (a) The extent to which a defendant's Fifth Amendment rights are or are not implicated, given the special nature of protection order proceedings, which burden a defendant's Fifth Amendment privilege substantially less than do other civil proceedings; (b) Similarities between the civil and criminal cases; (d) The interests of the petitioners in proceeding expeditiously with litigation and the potential prejudice and risk to petitioners of a delay; (e) The burden that any particular aspect of the proceeding may impose on respondents; (f) The convenience of the court in the management of its cases and the efficient use of judicial resources; (g) The interests of persons not parties to the civil litigation; and. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so, and include referrals to appropriate resources, including behavioral health, domestic violence, and counseling resources. 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. (4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order. (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. Nothing in this chapter shall be construed as encouraging that practice. Courts may not charge fees for remote appearances. (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. (5) If a person other than the respondent claims title to any firearms surrendered pursuant to this section, and that person is determined by the law enforcement agency to be the lawful owner of the firearm, the firearm must be returned to that person, provided that: (a) The firearm is removed from the respondent's custody, control, or possession, and the lawful owner provides written verification to the court regarding how the lawful owner will safely store the firearm in a manner such that the respondent does not have access to, or control of, the firearm for the duration of the order; (b) The court advises the lawful owner of the penalty for failure to do so; and. Repealed by 2021 c 215 170, effective All motions to modify or terminate shall be based on the written materials and evidence submitted to the court. (23) "Mechanical restraint" means any device attached or adjacent to a vulnerable adult's body that the vulnerable adult cannot easily remove that restricts freedom of movement or normal access to the vulnerable adult's body. (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. (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. The list must be made available in print and online. Such requests may be granted in the court's discretion. (a) Examine under oath the petitioner, the respondent, and any witnesses they may produce, or, in lieu of examination, consider sworn declarations of the petitioner, the respondent, and any witnesses they may produce; and. (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. (7) "Court clerk" means court administrators in courts of limited jurisdiction and elected court clerks. (2) By July 1, 2022, the gender and justice commission through its E2SHB 1320 work groups and the center for court research shall advise the chairs of the relevant policy committees of the legislature of their recommendations regarding need, timing, and design for such a study. . Sections 7.92.010 Intent-Finding. 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. A No Contact Order may be The summons must be signed by the petitioner. 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. 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. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. The superior court to which the case is being transferred shall determine whether to grant any request for a continuance. (24) "Minor" means a person who is under 18 years of age. (b) If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the temporary protection order. You are responsible for providing all relevant information to the court in support of your petition, and . Dismissal or suspension of criminal prosecution in exchange for protection order. When the department has reason to believe a vulnerable adult lacks the ability or capacity to consent, the department, in its discretion, may seek relief on behalf of the vulnerable adult. 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. (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. These behaviors, which can include other acts or threats of violence, self-harm, or the abuse of drugs or alcohol, are warning signs that the person may soon commit an act of violence. 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. . This chapter does not affect the ability of a law enforcement officer to remove a firearm or concealed pistol license from any person or to conduct any search and seizure for firearms pursuant to other lawful authority. 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. The administrative office of the courts shall then arrange for translation of the instructions and informational brochures required by this section, which must contain a sample of the standard petition and protection order forms, into the languages spoken by at least the top five significant non-English-speaking populations, and shall distribute a master copy of the translated instructions and informational brochures to all court clerks and to the Washington supreme court's interpreter commission, minority and justice commission, and gender and justice commission. Within 72 hours after service of the order, the officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. "; (b) Develop and distribute instructions and informational brochures regarding protection orders and a court staff handbook on the protection order process, which shall be made available online to view and download at no cost. Where service by mail is provided by a third party, the clerk shall forward proof of service by mail to the law enforcement agency in the county or municipality where the respondent resides. (3) "Chemical restraint" means the administration of any drug to manage a vulnerable adult's behavior in a way that reduces the safety risk to the vulnerable adult or others, has the temporary effect of restricting the vulnerable adult's freedom of movement, and is not standard treatment for the vulnerable adult's medical or psychiatric condition. (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. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. The judicial information system committee's data dissemination committee shall develop recommendations on best practices for courts to consider for whether and when the sealing of records in protection order cases is appropriate or necessary under this chapter. (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. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. This section applies to the termination of extreme risk protection orders. An efficient and effective civil process can provide necessary relief many victims require in order to escape and prevent harm. . 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. (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. (b) To provide relevant information to the court to determine compliance with the order, the court may allow the prosecuting attorney or city attorney to question the respondent regarding compliance. (v) A provision of a foreign protection order or a Canadian domestic violence protection order specifically indicating that a violation will be a crime. (b) Recognizing that an extreme risk protection order may need to be issued outside of normal business hours, courts shall allow law enforcement petitioners to petition after hours for a temporary extreme risk protection order using an on-call, after-hours judge, as is done for approval of after-hours search warrants. If the restrained person is the legal or biological parent of the child, a hearing must be set and notice given to the restrained person prior to final modification of the full protection order. (3) To promote judicial economy and reduce delays, for respondents who are able to be served electronically, the respondent, or the parent or guardian of the respondent for respondents under the age of 18 or the guardian or conservator of an adult respondent, shall be required to provide his or her electronic address or electronic account associated with an email, text messaging, social media application, or other technology by filing the confidential party information form referred to in RCW. . 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. For a continuance shall immediately revoke the license receipt of such notification, shall revoke! Construed as encouraging that practice with sufficient specificity to make it clear which property is included whether! To be killed a ) for a domestic violence protection order, the! 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