(12) Courts shall, if possible, have petitioners and respondents in protection order proceedings gather in separate locations and enter and depart the court room at staggered times. . (3) If the respondent does not appear for the full hearing and there is no proof of timely and proper service on the respondent, the court shall reissue any temporary protection order previously issued and reset the hearing date. (d) Acts of unlawful harassment, in cases involving antiharassment protection orders. (29) "Physical restraint" means the application of physical force without the use of any device, for the purpose of restraining the free movement of a vulnerable adult's body. (a) Appoint an interpreter who is not credentialed or duly qualified by the court to provide interpretation services; or. [2013 c 84 1.] (5) In determining whether there has been a substantial change in circumstances, the court may consider the following unweighted factors, and no inference is to be drawn from the order in which the factors are listed: (a) Whether the respondent has committed or threatened sexual assault; domestic violence; stalking; abandonment, abuse, financial exploitation, or neglect of a vulnerable adult; or other harmful acts against the petitioner or any other person since the protection order was entered; (b) Whether the respondent has violated the terms of the protection order and the time that has passed since the entry of the order; (c) Whether the respondent has exhibited suicidal ideation or attempts since the protection order was entered; (d) Whether the respondent has been convicted of criminal activity since the protection order was entered; (e) Whether the respondent has either: Acknowledged responsibility for acts of sexual assault, domestic violence, or stalking, or acts of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult, or behavior that resulted in the entry of the protection order; or successfully completed state-certified perpetrator treatment or counseling since the protection order was entered; (f) Whether the respondent has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order; and. (ii) The court shall take judicial notice of the receipt filed with the court by the law enforcement agency pursuant to subsection (3) of this section. Upon receipt of a motion for renewal, the court shall order a hearing, which must be not later than 14 days from the date of the order. The electronic submission system must allow for petitions for protection orders and supportive documents to be submitted at any time of the day. 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. When a petition and supporting documents for a protection order are submitted to the clerk after business hours, they must be processed as soon as possible on the next judicial day. (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. (2) Any orders entered by the court pursuant to a compliance hearing must be served on the respondent if the respondent failed to appear at the hearing at which the court entered the orders. (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. 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. (5) If the court does not set a full hearing, the petitioner may file an amended petition within 14 days of the court's denial. Reporting of modification or termination of order. Petitioner or person on whose behalf order sought is a vulnerable adult and has 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. 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 court's decision on the appropriate type of order shall not be premised on alleviating any potential stigma on the respondent. . (i) The respondent's ownership of, access to, or intent to possess, firearms; (j) The unlawful or reckless use, display, or brandishing of a firearm by the respondent; (k) The history of use, attempted use, or threatened use of physical force by the respondent against another person, or the respondent's history of stalking another person; (l) Any prior arrest of the respondent for a felony offense or violent crime; (m) Corroborated evidence of the abuse of controlled substances or alcohol by the respondent; and. Repealed by 2021 c 215 170, effective July 1, 2022. 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. (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. (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. . (l) Other than for respondents who are minors, require the respondent to submit to electronic monitoring. The petitioner is required to fill out the confidential party information form to the petitioner's fullest ability. (Effective until July 1, 2022.) There shall exist an action known as a petition for a stalking protection order. proved the required criteria for the following protection order under Chapter 7.105 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. (1) In a proceeding in which a petition for a protection order under this chapter is sought, a court of this state may exercise personal jurisdiction over a nonresident individual if: (a) The individual is personally served with a petition within this state; (b) The individual submits to the jurisdiction of this state by consent, entering a general appearance, or filing a responsive document having the effect of waiving any objection to consent to personal jurisdiction; (c) The act or acts of the individual or the individual's agent giving rise to the petition or enforcement of a protection order occurred within this state; (d)(i) The act or acts of the individual or the individual's agent giving rise to the petition or enforcement of a protection order occurred outside this state and are part of an ongoing pattern that has an adverse effect on the petitioner or a member of the petitioner's family or household and the petitioner resides in this state; or, (ii) As a result of the acts giving rise to the petition or enforcement of a protection order, the petitioner or a member of the petitioner's family or household has sought safety or protection in this state and currently resides in this state; or, (e) There is any other basis consistent with RCW. Each attempt at service must be noted and reflected in computer aided dispatch records, with the date, time, address, and reason service was not completed. Revenue from the $15 fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account. (1)(a) By January 1, 2023, county clerks on behalf of all superior courts and, by January 1, 2026, all courts of limited jurisdiction, must permit petitions for protection orders and all other filings in connection with the petition to be submitted as preferred by the petitioner either: (i) In person; (ii) remotely through an electronic submission process; or (iii) by mail for persons who are incarcerated or who are otherwise unable to file in person or remotely through an electronic system. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. If a temporary protection order is reissued and the court permits service by mail or by publication, the court shall reset the hearing date not later than 30 days from the date of the order authorizing such service. (5) A petition for any type of protection order must not be dismissed or denied on the basis that the conduct alleged by the petitioner would meet the criteria for the issuance of another type of protection 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. . "Full protection order" includes a protection order entered by the court by agreement of the parties to resolve the petition for a protection order without a full hearing. Trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve. Non-Molestation Order - 'Breach' by the Applicant ('Victim') This may seem peculiar as the order is against the respondent. (2) The gender and justice commission may hire a consultant to assist with the requirements of this section with funds as appropriated. 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. ( 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. (b) An act or acts that "occurred within this state" include an oral or written statement made or published by a person outside of this state to any person in this state by means included in (a) of this subsection, or by means of interstate commerce or foreign commerce. (c) The petitioner engaged in limited consensual sexual touching. (2) Information within the database must be easily accessible and accurately updated as soon as possible but no later than within one judicial day. Under the statute, domestic violence protection orders (DVPO), sexual assault protection orders (SAPO), stalking protection orders, anti-harassment protection orders (3) The court shall use its best efforts to notify the petitioner of the outcome of the compliance hearing including, but not limited to, informing the petitioner on whether the respondent is found to be out of compliance with an order to surrender and prohibit weapons. (5) A temporary extreme risk protection order must be served by a law enforcement officer in the same manner as provided for in RCW. Chapter 7.92.150 RCW Dispositions JENNIFER PAULSON STALKING PROTECTION ORDER ACT. To submit to electronic monitoring the petitioner is required to fill out the confidential party information form to state! 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