No later than three judicial days before the hearing, the parties may request to appear at the hearing, with witnesses, remotely by telephone, video, or other electronic means. (3) In proceedings where the petitioner alleges that the respondent engaged in nonconsensual sexual conduct or nonconsensual sexual penetration, the court shall not require proof of physical injury on the person of the petitioner or any other forensic evidence. It is important that the respondent does not breach the order or coerce the applicant in any way, even when the Applicant makes contact. 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. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. ( RCW 9A.46.040) May be issued in criminal cases involving a crime of harassment prohibiting a defendant from contacting victims of or witnesses to such a crime. Possession may be either actual or constructive. Respondents, once served, should be able to sign up for similar electronic notification. Recommendations on improving protection order proceedings. (8)(a) To help ensure that accurate and comprehensive information about firearms compliance is provided to judicial officers, a representative from either the prosecuting attorney's office or city attorney's office, or both, from the relevant jurisdiction may appear and be heard at any hearing that concerns compliance with an extreme risk protection order. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. Washington state studies have found that domestic violence is the most predictive of future violent crime by the perpetrator. (5) The order shall specify the date the order expires, if any. 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. (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. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and. (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. . (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. (2) A law enforcement agency must, if requested, provide prior notice of the return of a firearm to a respondent to family or household members and to an intimate partner of the respondent in the manner provided in RCW, (3) Any firearm surrendered by a respondent pursuant to RCW. The court shall consider the ability of the respondent to pay for an evaluation. The order must specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court staff handbook must allow for the addition of a community resource list by the court clerk. (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. (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. The legislature finds that it would be helpful for petitioners, respondents, judicial officers, court personnel, law enforcement, advocates, counsel, and others to have these new tools enacted into statute and made readily available in every court, with statewide best practices created for their use, specific to the context of civil protection orders. A petitioner who has been 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 stalking protection order. (c) The firearm is not otherwise unlawfully possessed by the owner. Service by mail must be made by any person who is not a party to the action and is 18 years of age or older and competent to be a witness, by mailing copies of the materials to be served to the party to be served at the party's last known address or any other address determined by the court to be appropriate. (7) If a court reviewing the petition for a protection order or a request for a temporary protection order determines that the petition was not filed in the correct court, the court shall enter findings establishing the correct court, and direct the clerk to transfer the petition to the correct court and to provide notice of the transfer to all parties who have appeared. (2) Washington state has enacted six different types of civil protection orders: (a) Domestic violence protection orders, adopted by the legislature in 1984; (b) vulnerable adult protection orders, adopted by the legislature in 1986; (c) antiharassment protection orders, adopted by the legislature in 1987; (d) sexual assault protection orders, adopted by the legislature in 2006; (e) stalking protection orders, adopted by the legislature in 2013; and (f) extreme risk protection orders, enacted by a vote of the people through Initiative Measure No. Otherwise, it must be heard no later than the following judicial day. Reporting of modification or termination of order. After reviewing such a declaration by the petitioner, the court may ask the petitioner to appear at the hearing or provide additional declaration or documentation to address disputed issues. (1) Any proceeding under this chapter is in addition to other civil or criminal remedies. 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. (respondent): You are hereby summoned to appear on the . (2) Any temporary orders to surrender and prohibit weapons must also be automatically reissued with the temporary protection order. The summons must contain the date of the first publication, and shall require the respondent upon whom service by publication is desired to appear and answer the petition on the date set for the hearing. 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. (e) To the extent feasible, and considered best practice by the center for court research, the evaluation should also: Gather qualitative information from survivors of domestic violence, legal counsel, protection order advocates and court navigators, court clerks, and judicial officers; and include analysis of any disproportionate impact on survivors by race, immigration status, language, gender, sexual orientation, or disability. The order is fully enforceable in any county in the state. In Washington state, the suicide rate is on average 10 percent higher. . In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. Evidence of emission of semen is not required to prove sexual penetration. Courts may not charge fees for remote appearances. (1) Any person who files a petition for an extreme risk protection order knowing the information in such petition to be materially false, or with the intent to harass the respondent, is guilty of a gross misdemeanor. Domestic violence should not be minimized or dismissed based on any mental health diagnoses of the perpetrator or the victim. It is a nonconfrontational. Trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve. Requests for changes must be made in writing. Nothing in this section prohibits the petitioner from utilizing other civil or criminal remedies to restrain conduct or communications not otherwise constitutionally protected. (v) Order other relief as it deems necessary for the protection of the petitioner and other family or household members who are minors or vulnerable adults for whom the petitioner has sought protection, including orders or directives to a law enforcement officer, as allowed under this chapter. 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. (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. The instructions, brochures, forms, and handbook must be prepared in consultation with civil legal aid, culturally specific advocacy programs, and domestic violence and sexual assault advocacy programs. In addition to copies of all pleadings filed by the petitioner, the petitioner shall provide a written notice to the vulnerable adult using a standard notice form developed by the administrative office of the courts. (3) A petition must be accompanied by a declaration signed under penalty of perjury stating the specific facts and circumstances for which relief is sought. The legislature further finds the surrender of firearms in civil protection orders is critical to public health. (ii) The court shall waive the filing fee if the court determines the petitioner is not able to pay the costs of filing. (h) Other factors relating to a substantial change in circumstances. The petitioner may also file in: (1) The county where an act giving rise to the petition for a protection order occurred; (2) The county where a child to be protected by the order primarily resides; (3) The county where the petitioner resided prior to relocating if relocation was due to the respondent's conduct; or. The costs of the proceeding must not be borne by the petitioner. (d) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent. . Individuals with disabilities; black and indigenous communities; and lesbian, gay, bisexual, transgender, queer, and other individuals experience a higher rate of sexual violence. (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. (1) Orders issued by the court following a hearing must identify the persons who participated in the hearing and whether each person appeared in person, by telephone, by video, or by other electronic means. 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. 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. The court shall consider the ability of the convicted person to pay for electronic monitoring; and. The newspaper selected must be one of the three most widely circulated papers in the county. Actual possession occurs when the item is in the actual physical custody of the person charged with possession. (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. 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rcw stalking protection order
No later than three judicial days before the hearing, the parties may request to appear at the hearing, with witnesses, remotely by telephone, video, or other electronic means. (3) In proceedings where the petitioner alleges that the respondent engaged in nonconsensual sexual conduct or nonconsensual sexual penetration, the court shall not require proof of physical injury on the person of the petitioner or any other forensic evidence. It is important that the respondent does not breach the order or coerce the applicant in any way, even when the Applicant makes contact. 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. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. ( RCW 9A.46.040) May be issued in criminal cases involving a crime of harassment prohibiting a defendant from contacting victims of or witnesses to such a crime. Possession may be either actual or constructive. Respondents, once served, should be able to sign up for similar electronic notification. Recommendations on improving protection order proceedings. (8)(a) To help ensure that accurate and comprehensive information about firearms compliance is provided to judicial officers, a representative from either the prosecuting attorney's office or city attorney's office, or both, from the relevant jurisdiction may appear and be heard at any hearing that concerns compliance with an extreme risk protection order. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. Washington state studies have found that domestic violence is the most predictive of future violent crime by the perpetrator. (5) The order shall specify the date the order expires, if any. 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. (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. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and. (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. . (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. (2) A law enforcement agency must, if requested, provide prior notice of the return of a firearm to a respondent to family or household members and to an intimate partner of the respondent in the manner provided in RCW, (3) Any firearm surrendered by a respondent pursuant to RCW. The court shall consider the ability of the respondent to pay for an evaluation. The order must specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court staff handbook must allow for the addition of a community resource list by the court clerk. (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. (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. The legislature finds that it would be helpful for petitioners, respondents, judicial officers, court personnel, law enforcement, advocates, counsel, and others to have these new tools enacted into statute and made readily available in every court, with statewide best practices created for their use, specific to the context of civil protection orders. A petitioner who has been 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 stalking protection order. (c) The firearm is not otherwise unlawfully possessed by the owner. Service by mail must be made by any person who is not a party to the action and is 18 years of age or older and competent to be a witness, by mailing copies of the materials to be served to the party to be served at the party's last known address or any other address determined by the court to be appropriate. (7) If a court reviewing the petition for a protection order or a request for a temporary protection order determines that the petition was not filed in the correct court, the court shall enter findings establishing the correct court, and direct the clerk to transfer the petition to the correct court and to provide notice of the transfer to all parties who have appeared. (2) Washington state has enacted six different types of civil protection orders: (a) Domestic violence protection orders, adopted by the legislature in 1984; (b) vulnerable adult protection orders, adopted by the legislature in 1986; (c) antiharassment protection orders, adopted by the legislature in 1987; (d) sexual assault protection orders, adopted by the legislature in 2006; (e) stalking protection orders, adopted by the legislature in 2013; and (f) extreme risk protection orders, enacted by a vote of the people through Initiative Measure No. Otherwise, it must be heard no later than the following judicial day. Reporting of modification or termination of order. After reviewing such a declaration by the petitioner, the court may ask the petitioner to appear at the hearing or provide additional declaration or documentation to address disputed issues. (1) Any proceeding under this chapter is in addition to other civil or criminal remedies. 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. (respondent): You are hereby summoned to appear on the . (2) Any temporary orders to surrender and prohibit weapons must also be automatically reissued with the temporary protection order. The summons must contain the date of the first publication, and shall require the respondent upon whom service by publication is desired to appear and answer the petition on the date set for the hearing. 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. (e) To the extent feasible, and considered best practice by the center for court research, the evaluation should also: Gather qualitative information from survivors of domestic violence, legal counsel, protection order advocates and court navigators, court clerks, and judicial officers; and include analysis of any disproportionate impact on survivors by race, immigration status, language, gender, sexual orientation, or disability. The order is fully enforceable in any county in the state. In Washington state, the suicide rate is on average 10 percent higher. . In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a protection order undermines the purposes of this chapter. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. Evidence of emission of semen is not required to prove sexual penetration. Courts may not charge fees for remote appearances. (1) Any person who files a petition for an extreme risk protection order knowing the information in such petition to be materially false, or with the intent to harass the respondent, is guilty of a gross misdemeanor. Domestic violence should not be minimized or dismissed based on any mental health diagnoses of the perpetrator or the victim. It is a nonconfrontational. Trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve. Requests for changes must be made in writing. Nothing in this section prohibits the petitioner from utilizing other civil or criminal remedies to restrain conduct or communications not otherwise constitutionally protected. (v) Order other relief as it deems necessary for the protection of the petitioner and other family or household members who are minors or vulnerable adults for whom the petitioner has sought protection, including orders or directives to a law enforcement officer, as allowed under this chapter. 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. (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. The instructions, brochures, forms, and handbook must be prepared in consultation with civil legal aid, culturally specific advocacy programs, and domestic violence and sexual assault advocacy programs. In addition to copies of all pleadings filed by the petitioner, the petitioner shall provide a written notice to the vulnerable adult using a standard notice form developed by the administrative office of the courts. (3) A petition must be accompanied by a declaration signed under penalty of perjury stating the specific facts and circumstances for which relief is sought. The legislature further finds the surrender of firearms in civil protection orders is critical to public health. (ii) The court shall waive the filing fee if the court determines the petitioner is not able to pay the costs of filing. (h) Other factors relating to a substantial change in circumstances. The petitioner may also file in: (1) The county where an act giving rise to the petition for a protection order occurred; (2) The county where a child to be protected by the order primarily resides; (3) The county where the petitioner resided prior to relocating if relocation was due to the respondent's conduct; or. The costs of the proceeding must not be borne by the petitioner. (d) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent. . Individuals with disabilities; black and indigenous communities; and lesbian, gay, bisexual, transgender, queer, and other individuals experience a higher rate of sexual violence. (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. (1) Orders issued by the court following a hearing must identify the persons who participated in the hearing and whether each person appeared in person, by telephone, by video, or by other electronic means. 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. 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. The court shall consider the ability of the convicted person to pay for electronic monitoring; and. The newspaper selected must be one of the three most widely circulated papers in the county. Actual possession occurs when the item is in the actual physical custody of the person charged with possession. (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. Repealed by 2021 c 215 170, effective July 1, 2022. (2) The gender and justice commission may hire a consultant to assist with the requirements of this section with funds as appropriated. (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. (7) A respondent may file a motion to modify or terminate an order no more than once in every 12-month period that the order is in effect, starting from the date of the order and continuing through any renewal period. Or suspending a criminal prosecution in exchange for the issuance of a protection order the... You are hereby summoned to appear on the is critical to public health terms under which the monitoring must one! ) the gender and justice commission may hire a consultant to assist with the protection... 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