The legislature further finds the surrender of firearms in civil protection orders is critical to public health. An action for a protection order should be filed in the county where the petitioner resides. The electronic submission system must allow for petitions for protection orders and supportive documents to be submitted at any time of the day. Minors are presumed to be unable to pay. A vulnerable adult may have physical disabilities, mobility issues, or be otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts. The possible parameters for such a study would be as follows: (a) The center for court research may engage or partner with other researchers with expertise in intimate partner violence, coercive control, civil protection order processes, and related research to conduct the study or help with study design, duration, methods, measurements, data collection, and analysis. A person who believes their safety is in danger can ask the court for an Order of Protection or an Injunction Against Harassment. (2) For jurisdiction to be exercised under subsection (1)(d) of this section, the individual must have communicated with the petitioner or a member of the petitioner's family, directly or indirectly, or made known a threat to the safety of the petitioner or member of the petitioner's family, while the petitioner or member of the petitioner's family resides in this state. Domestic violence victims also face increased risks when their abuser has access to firearms. (b)(i) Service by electronic means, including service by email, text message, social media applications, or other technologies, must be prioritized for all orders at the time of the issuance of temporary protection orders, except in cases where personal service is required under (a) of this subsection. The legislature finds that unlawful harassment directed at a child by a child is not acceptable and can have serious consequences, but that some negative interactions between young people, especially in schools, do not rise to the level of unlawful harassment. Relief for temporary and full protection orders, Law enforcement stand-by to recover possessions. Domestic violence has long been recognized as being at the core of other major social problems: Child abuse, other crimes of violence against persons or property, homelessness, and alcohol and drug abuse. . The court shall also explain from the bench: (a) That the petitioner may refile a petition for a protection order at any time if the petitioner has new evidence to present that would support the issuance of a protection order; (b) The parties' rights to seek revision, reconsideration, or appeal of the order; and. day of . 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. 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. The petitioner shall provide information sufficient to permit notification. (5) Hearings may be conducted upon the information provided in the sworn petition, live testimony of the parties should they choose to testify, and any additional sworn declarations. RCW 7.105.100(5) 25 FILING 26 Age lowered 15 years or older may petition for protection order (except VAPO) For SAPOs, AHOs, Stalking POs: can file on behalf of another person who is unable to file themselves but is not a vulnerable adult Court must not require filing of duplicate or working copies unless they cannot be scanned or are illegible Sec. If the court determines by a preponderance of the evidence that irreparable injury to the petitioner will not result through the modification or termination of the order to surrender and prohibit weapons as originally entered, then the court must make specific findings. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give the petitioner a receipt indicating that the petitioner's copy has been served on the respondent. If the first attempt is not successful, no fewer than two additional attempts should be made to serve the order, particularly for respondents who present heightened risk of lethality or other risk of physical harm to the petitioner or petitioner's family or household members. Reissuance of temporary protection orders. Chapter 7.92.030 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT Sections 7.92.010 Intent-Finding. 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. (1) When the court issues a protection order under this chapter, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in this chapter for a violation of the order unless the respondent knows of the order. Filing fees will be charged for antiharassment protection orders unless the petitioner is seeking the order against a person the court determines has engaged in: acts of stalking as defined in (3) Nothing in this section changes the requirement for the order to be entered into, and maintained in, computer-based systems as required in RCW. (4) If the court issued a temporary protection order that included a temporary order to surrender and prohibit weapons, the temporary order to surrender and prohibit weapons must automatically reissue with the temporary protection order. (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. (2) An intimate partner or family or household member of a respondent, or a law enforcement agency, may by motion request a renewal of an extreme risk protection order at any time within 90 days before the expiration of the order. The law enforcement agency, upon receipt of such notification, shall immediately revoke the license. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained. The clerk shall ensure that the request for an ex parte temporary protection order is presented timely to a judicial officer, and signed orders will be returned promptly to the clerk for entry and to the petitioner as specified in this section. The court shall specify who must provide the electronic monitoring services and the terms under which the monitoring must be performed. The court has broad discretion to grant such relief as the court deems proper, including the forms of relief listed in RCW. (b) The term "isolate" or "isolation" may not be construed in a manner that prevents a guardian or limited guardian from performing his or her fiduciary obligations under *chapter. (2) If the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and statement of the reason for the requested renewal. (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. (c) The parties' rights to have access to the court transcript or recording of the hearing. . (l) Other than for respondents who are minors, require the respondent to submit to electronic monitoring. Reissuance of temporary protection orders. (7) The terms of the original protection order must not be changed on a motion for renewal unless the petitioner has requested the change. (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. Reporting of modification or termination of order. (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; (5) Courts shall not require a petitioner to complete a new confidential information form when a temporary protection order is reissued or when a full order for a fixed time period is entered, unless the petitioner indicates that the information needs to be updated or amended. Court authorization permitting electronic service is not required except in cases specified in (a)(i)(A) through (D) of this subsection. (3) The court shall ensure that in issuing protection orders, including, but not limited to, orders to reissue temporary protection orders and orders to renew protection orders, the court specifies whether the respondent is ordered to surrender, and prohibited from possessing, firearms and dangerous weapons. (c) The firearm is not otherwise unlawfully possessed by the owner. (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. The order is fully enforceable in any county in the state. 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. A petitioner who has been sexually assaulted or 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 sexual assault protection order or a stalking protection order. (8) "Dating relationship" means a social relationship of a romantic nature. Because of the stigma of a sexual assault and trauma, many victims are afraid or are not ready to report to law enforcement and go through the rigors of the criminal justice process. 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) If the petitioner is seeking the renewal or reissuance of a protection order, the respondent must be served with the motion to renew or reissue the protection order, any supporting declarations or other materials, and the notice of hearing. . . (2) During the hearing, the court shall consider whether a behavioral health evaluation is appropriate, and may order such evaluation if appropriate. Verification of notice is required and may be accomplished through read-receipt mechanisms, a response, a sworn statement from the person who effected service verifying transmission and any follow-up communications such as email or telephone contact used to further verify, or an appearance by the respondent at a hearing. (f) The respondent no longer lives near the petitioner. Constitutionally protected activity is not included within the meaning of "course of conduct.". (1) An extreme risk protection order issued after notice and a hearing must include: (a) A statement of the grounds supporting the issuance of the order; (d) Whether a behavioral health evaluation of the respondent is required; (e) The address of the court in which any responsive pleading should be filed; (g) The following statement: "To the subject of this protection order: This order will last until the date and time noted above. 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 . 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. (g) The respondent no longer lives near the petitioner. . (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. (c) The petitioner engaged in limited consensual sexual touching. For vulnerable adult protection order hearings, the following also apply. 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. If you fail to respond, a protection order will be issued against you pursuant to the provisions of chapter. The state of Washington to . HTML PDF: 7.105.065: Jurisdiction (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 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. A protection order petition is your action brought against the other party, the respondent. The superior court to which the case is being transferred shall determine whether to grant any request for a continuance. (C) An informational brochure to be served on any respondent who is subject to a temporary or full protection order under (d)(iii)(A) of this subsection; (e) Create a new confidential party information form to satisfy the purposes of the confidential information form and the law enforcement information sheet that will serve both the court's and law enforcement's data entry needs without requiring a redundant effort for the petitioner, and ensure the petitioner's confidential information is protected for the purpose of safety. (ii) The court shall waive the filing fee if the court determines the petitioner is not able to pay the costs of filing. There can be situations where the applicant contacts the respondent. 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