rcw stalking protection order

(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. A protection order petition is your action brought against the other party, the respondent. Minors are presumed to be unable to pay. [2019 c 245 9; 2013 c 84 15.] The nonmoving parties to the proceeding may file opposing declarations. The committee shall also consider methods to ensure compliance with the provisions of the federal violence against women act under 18 U.S.C. 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. (6) The legislature finds that advances in technology have made it increasingly possible to file petitions, effect service of process, and conduct hearings in protection order proceedings through more efficient and accessible means, while upholding constitutional due process requirements. 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. An efficient and effective civil process can provide necessary relief many victims require in order to escape and prevent harm. 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. (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. (3) Sections 9 through 14 and 47 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2022]." (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. You are required to surrender all firearms in your custody, control, or possession. . Antiharassment or Stalking Protection Orders RCW 10.14 Who may obtain an Anti-Harassment Protection Order? Persons who are seriously alarmed, annoyed or harassed by a course of conduct which serves no legitimate or lawful purpose. Parents may petition on behalf of a child against an adult. A respondent who is served electronically with a protection order shall be provided a certified copy of the order free of charge upon request. Requests for changes must be made in writing. (9)(a) An extreme risk protection order must state that the act of voluntarily surrendering firearms, or providing testimony relating to the surrender of firearms, pursuant to such an order, may not be used against the respondent in any criminal prosecution under this chapter, chapter. About 15 percent of Washington adults report experiencing domestic violence in their lifetime, and women, low-income people, and black and indigenous communities experience higher rates of domestic 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. (1) If the court grants a protection order for a fixed time period, the petitioner may file a motion to renew the order at any time within the 90 days before the order expires. (4) The court nearest to the petitioner's residence or former residence under subsection (3) of this section. Such materials must be updated and distributed if needed due to relevant changes in the law; (d)(i) Distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks, and distribute a master copy of the petition and order forms to all superior, district, and municipal courts; (ii) In collaboration with civil legal aid attorneys, domestic violence advocates, sexual assault advocates, elder abuse advocates, clerks, and judicial officers, develop and distribute a single petition form that a petitioner may use to file for any type of protection order authorized by this chapter, with the exception of extreme risk protection orders; (iii) For extreme risk protection orders, develop and prepare: (A) A standard petition and order form for an extreme risk protection order, as well as a standard petition and order form for an extreme risk protection order sought against a respondent under 18 years of age, titled "Extreme Risk Protection Order - Respondent Under 18 Years"; (B) Pattern forms to assist in streamlining the process for those persons who are eligible to seal records relating to an order under (d)(i) of this subsection, including: (I) A petition and declaration the respondent can complete to ensure that requirements for public sealing have been met; and, (II) An order sealing the court records relating to that order; and. Law enforcement shall continue to attempt to complete service unless otherwise directed by the court. (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. If the court determines that a mental health evaluation is necessary, the court shall clearly document the reason for this determination and provide a specific question or questions to be answered by the mental health professional. (7) The legislature further finds that in order to improve the efficacy of, accessibility to, and understanding of, civil protection orders, the six different civil protection orders in Washington state should be included in a single chapter of the Revised Code of Washington. (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. (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. (5) If the court declines to issue a protection order, the court shall state in writing the particular reasons for the court's denial. (8) Upon filing a petition for a protection order, the petitioner may request that the court enter an ex parte temporary protection order and an order to surrender and prohibit weapons without notice until a hearing on a full protection order may be held. (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. (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. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. . (2) Before granting an order under this chapter directing residential placement of a child or restraining or limiting a party's contact with his or her child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested. (3) A person under 15 years of age who is seeking relief under this chapter is required to seek relief by a person authorized as a petitioner under this section. (4) The court shall grant the motion for renewal unless the respondent proves by a preponderance of the evidence that there has been a substantial change in circumstances and the following: (a) For a domestic violence protection order, that the respondent proves that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's family or household members who are minors or vulnerable adults when the order expires; (b) For a sexual assault protection order, that the respondent proves that the respondent will not engage in, or attempt to engage in, physical or nonphysical contact with the petitioner when the order expires; (c) For a stalking protection order, that the respondent proves that the respondent will not resume acts of stalking against the petitioner or the petitioner's family or household members when the order expires; (d) For a vulnerable adult protection order, that the respondent proves that the respondent will not resume acts of abandonment, abuse, financial exploitation, or neglect against the vulnerable adult when the order expires; or. 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. . (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. (b) A person who stalks another is guilty of a class B felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties are governed by the uniform child custody jurisdiction and enforcement act, chapter. . (3) The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent. Victims are in the best position to know what their safety needs are and should be able to seek these crucial protections without having to rely on the criminal legal system process. (10) "Electronic monitoring" has the same meaning as in RCW. (4) This section expires October 1, 2022. (5) If a hearing is held with any parties or witnesses appearing remotely, the following apply: (a) Courts should include directions to access a hearing remotely in the order setting the hearing and in any order granting a party's request for a remote appearance. [House Hearing, 117 Congress] [From the U.S. Government Publishing Office] EXAMINING OKLAHOMA v. CASTRO-HUERTA: THE IMPLICATIONS OF THE SUPREME COURT'S RULING ON TRIBAL SOVEREIGNTY ===== OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE FOR INDIGENOUS PEOPLES OF THE UNITED STATES OF THE 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. (3) These civil protection orders are essential tools designed to address significant harms impacting individuals as well as communities. 7.92.150 Protection orders-Service to respondent-Service by publication. (4) For any other motion filed by a party with the court, the other party must be served with all materials the moving party submitted to the court and with any notice of hearing issued by the court related to the motion. The form should be created with the presumption that it will also be used by the respondent to provide all current contact information needed by the court and law enforcement, and full identifying information for improved data entry. If the court finds that the respondent established adequate cause, the court shall set a date for hearing the respondent's motion, which must be at least 14 days from the date the court finds adequate cause. The stalking violates a protection order that protects the victim. 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. The court may correct errors either on the court's own initiative or upon notice to the court of an error. The hearing must occur no sooner than 14 days and no later than 30 days from the date of service of the request upon the petitioner. A petitioner who has been sexually assaulted by an intimate partner or a family or household member should, but is not required to, seek a domestic violence protection order, rather than a sexual assault protection order. Almost half of victims experience at least one unwanted contact per week. If an ex parte temporary protection order is denied, the court shall still set a full hearing unless the court determines the petition does not contain prima facie allegations to support the issuance of any type of protection order. When a party alleging a violation of a protection order issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. Neither the department nor the state of Washington is liable for seeking or failing to seek relief on behalf of any persons under this section. Repealed by 2021 c 215 170, effective Recommendations on improving protection order proceedings. (4) The legislature finds that all of these civil protection orders are essential tools that can increase safety for victims of domestic violence, sexual assault, stalking, abuse of vulnerable adults, unlawful harassment, and threats of gun violence to obtain immediate protection for themselves apart from the criminal legal system. Consent must be ongoing and may be revoked at any time. You must surrender to the (insert name of local law enforcement agency) all firearms in your custody, control, or possession, and any concealed pistol license issued to you under RCW. Nothing in this chapter shall be construed as encouraging that practice. 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. Of charge upon request parties to the proceeding may file opposing declarations tools. Under 18 U.S.C a course of conduct which serves no legitimate or lawful purpose the same meaning as RCW... 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