Definitions. (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. 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 court shall consider the ability of the convicted person to pay for electronic monitoring; and. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. (i) For all protection orders except extreme risk protection orders, the protection order must include, in a conspicuous location, a notice of criminal penalties resulting from a violation of the order, and the following statement: "You can be arrested even if the protected person or persons invite or allow you to violate the order. (b) A copy of the protection order must be served on a parent, guardian, or conservator of the respondent at any address where the respondent resides, or the department of children, youth, and families in the case where the respondent is the subject of a dependency or court approved out-of-home placement. Sexual assault inflicts humiliation, degradation, and terror on victims. . (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. (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. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. (b) A petition for a sexual assault protection order, which must allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration that was committed against the petitioner by the respondent. Personal effects may include pets. (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. Where the option is available, for safety purposes, the court should arrange for petitioners to leave the court premises first and to have court security escort petitioners to their vehicles or transportation. . The obligation to disclose the existence of any other litigation includes, but is not limited to, the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW, (5) The petition may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties, except in cases where the court has realigned the parties in accordance with 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. The nonmoving parties to the proceeding may file opposing declarations. The envelopes must bear the return address where the petitioner may receive legal mail. . Jurisdiction Domestic violence protection orders and sexual assault protection orders. Jurisdiction Stalking protection orders. Jurisdiction Antiharassment protection orders. Jurisdiction Vulnerable adult protection orders. Jurisdiction Extreme risk protection orders. Venue. Personal jurisdiction over nonresidents. (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. (2) "Abuse," for the purposes of a vulnerable adult protection order, means intentional, willful, or reckless action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. (1) The gender and justice commission, through its E2SHB 1320 stakeholder work groups, and in consultation with the Washington state center for court research, shall include in their 2022 work consideration of a study regarding how the inclusion of coercive control under chapter 268, Laws of 2022 helps to further realize the legislative intent of the law to increase safety for victims by obtaining effective legal protection apart from, or in addition to, the criminal legal system. Reissuance of temporary protection orders. (h) Other factors relating to a substantial change in circumstances. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. (2) The gender and justice commission may hire a consultant to assist with the requirements of this section with funds as appropriated. (5) "Consent" in the context of sexual acts means that at the time of sexual contact, there are actual words or conduct indicating freely given agreement to that sexual contact. Almost half of victims experience at least one unwanted contact per week. Non-Molestation Order - 'Breach' by the Applicant ('Victim') This may seem peculiar as the order is against the respondent. (1) 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 consider and develop recommendations regarding: (a) Uses of technology to reduce administrative burdens in protection order proceedings; (b) Improving access to unrepresented parties in protection order proceedings, including promoting access for pro bono attorneys for remote protection order proceedings, in consultation with the Washington state bar association; (c) Developing best practices for courts when there are civil protection order and criminal proceedings that concern the same alleged conduct; (d) Developing best practices in data collection and sharing, including demographic information, in order to promote research and study on protection orders and transparency of protection order data for the public, in partnership with the Washington state center for court research, the Washington state institute for public policy, the University of Washington, and the urban Indian health institute; (e) Developing best practices, including proposed training and necessary forms, in partnership with the Washington tribal state court consortium, to address how: (i) Washington state court judges of all levels can see the existence of, and parties to, tribal court, military, and other jurisdiction protection orders, in comity with similar state court orders; (ii) Tribal courts can enter their protection orders into the judicial information system used by courts to check for conflicting orders and history; and. (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. (1) If the court grants a Under the statute, domestic violence protection orders (DVPO), sexual assault protection orders (SAPO), stalking protection orders, anti-harassment protection orders 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. . The order must remain in the computer until the expiration date specified on the order. "Course of conduct" includes any form of communication, contact, or conduct, including the sending of an electronic communication, but does not include constitutionally protected free speech. When service is to be completed under this chapter by a law enforcement officer: (1) The clerk of the court shall have a copy of any order issued under this chapter, the confidential information form, as well as the petition for a protection order and any supporting materials, electronically forwarded on or before the next judicial day to the law enforcement agency in the county or municipality where the respondent resides, as specified in the order, for service upon the respondent. Individuals who pose a danger to themselves or others often exhibit signs that alert family, household members, or law enforcement to the threat. (6) Upon the issuance of a one-year extreme risk protection order, the court shall order a new compliance review hearing date and require the respondent to appear not later than three judicial days from the issuance of the order. Firearms are used to commit more than half of all intimate partner homicides in the United States. The order must list all items that are to be included with sufficient specificity to make it clear which property is included. 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. 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. (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. (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. 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. 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. An Order of Protection is a legal order used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order . This additional service may be made by mail as an alternative to other authorized methods of service under this chapter. (f) A petition for an antiharassment protection order, which must allege the existence of unlawful harassment committed against the petitioner or petitioners by the respondent. (1) If the petitioner is seeking a hearing on a petition for a protection order, the respondent must be served with the petition for a protection order, any supporting declarations or other materials, the notice of hearing, any temporary protection order issued by the court, any temporary order to surrender and prohibit weapons issued by the court, and a blank confidential party information form as referred to in RCW. 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. . 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. The court's denial of a motion for an ex parte temporary protection order shall be filed with the court. 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. (1) A temporary protection order issued under this chapter may be reissued for the following reasons: (b) To provide additional time to effect service of the temporary protection order on the respondent; or. (3) To ensure that a petitioner is not delayed in receiving a hearing on a petition for a protection order, there is a rebuttable presumption that a temporary protection order should not be reissued more than once or for more than 30 days at the request of the respondent, absent agreement of the parties, good cause, or the need to provide additional time to effect service. . . The petitioner must attest in the petition to having provided such notice, or attest to the steps that will be taken to provide such notice. The perpetrator's age, gender, or relationship does not define the seriousness. If the court denies the petitioner's request to include the minor children, the court shall make written findings why the children should not be included, pending the full hearing. 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. (n) Evidence of recent acquisition of firearms by the respondent. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. Petitioners and respondents should not be charged for electronic notification. "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. (3) The court in granting a temporary antiharassment protection order or a civil antiharassment protection order shall not prohibit the respondent from exercising constitutionally protected free speech. 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. The petitioner may appear at such hearing and provide evidence to the court regarding the respondent's compliance with the order. (b) 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 family or household member by another family or household member. 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. (f) Update the instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the law make an update necessary. If a petitioner is seeking relief based on domestic violence, nonconsensual sexual conduct, nonconsensual sexual penetration, or stalking, the petitioner may, but is not required to, seek a domestic violence, sexual assault, or stalking protection order, rather than an antiharassment order. (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. (respondent): You are hereby summoned to appear on the . To the extent possible, the court shall take judicial notice of any existing restraining, protection, or no-contact orders between the parties before entering a protection order. Service must be made on the respondent not less than five judicial days before the hearing, as provided in RCW. If you have not done so already, 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, (2) When the court issues an extreme risk protection order, the court shall inform the respondent that the respondent is entitled to request termination of the order in the manner prescribed by RCW. . (9) A court may require the respondent to pay the petitioner for costs incurred in responding to a motion to modify or terminate a protection order, including reasonable attorneys' fees. (25) "Neglect" means: (a) A pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain the physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety including, but not limited to, conduct prohibited under RCW. A single threat of violence must include: (i) A malicious and intentional threat as described in RCW. 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