rcw stalking protection order

(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to this chapter shall return any surrendered firearm requested by a respondent only after confirming, through a background check, that the respondent is currently eligible to own or possess firearms under federal and state law, and after confirming with the court that the extreme risk protection order has terminated or has expired without renewal. (14) The Indian child welfare act applies in the following manner. The stalking violates a protection order that protects the victim. A single incident of nonconsensual sexual conduct or nonconsensual sexual penetration is sufficient grounds for a petition for a sexual assault protection order. (2)(a) If a protection order restrains the respondent from contacting the respondent's minor children, the restraint must be for a fixed period not to exceed one year. (6) The protection order petition must contain a section where the petitioner, regardless of petition type, may request specific relief provided for in RCW. You must meet certain requirements to be eligible to file for a Stalking Protection Order in King County, but even if you do not meet the criteria, there may be other types of legal protection day of . In considering the request, the court may consider the rebuttable presumption against delay and the purpose of this chapter to provide victims quick and effective relief. (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. If any party has provided such notification to the court, the court shall not dismiss or grant the petition, but shall reset the hearing by continuing it and reissuing any temporary order in place. The court shall set a hearing only if the court finds that adequate cause is established. The form must include the date and time of service and each document that was served in order for the service to be complete, along with any details such as conduct at the time of service, threats, or avoidance of service, as well as statements regarding possession of firearms, including any denials of ownership despite positive purchase history, active concealed pistol license, or sworn statements in the petition that allege the respondent's access to, or possession of, firearms; or. (b) The court clerk may create a community resource list of crisis intervention, behavioral health, interpreter, counseling, and other relevant resources serving the county in which the court is located. The informational brochure must describe the use of, and the process for, obtaining, renewing, modifying, terminating, and enforcing protection orders as provided under this chapter, as well as the process for obtaining, modifying, terminating, and enforcing an antiharassment no-contact order as provided under chapter. Notification may be provided by text messaging or email, and should provide reminders of court appearances and alert the petitioner when the following occur: (i) The petition has been processed and is under review by a judicial officer; (ii) the order has been signed; (iii) the order has been transmitted to law enforcement for entry into the Washington crime information center system; (iv) proof of service upon the respondent has been filed with the court or clerk; (v) a receipt for the surrender of firearms has been filed with the court or clerk; and (vi) the respondent has filed a motion for the release of surrendered firearms. . (1) By December 30, 2022, the administrative office of the courts shall: (a) Develop and distribute standard forms for petitions and orders issued under this chapter, and facilitate the use of online forms for electronic filings. Actual possession occurs when the item is in the actual physical custody of the person charged with possession. Evidence of emission of semen is not required to prove sexual penetration. 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. Possession may be either actual or constructive. . Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties. The court shall consider the ability of the respondent to pay for an evaluation. Washington State code RCW 13.04.170 notes, "Where a case is legally sufficient the prosecutor For these guidelines as they are used in Washington State, see Washington State code RCW. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. If the court did not enter a temporary protection order, the evidentiary hearing must be held within 14 days of the prior hearing on the petition. 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. On average, there are over 100 gun deaths each day, 61 percent of which are suicides. (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. (7) A person's right to petition for relief under this chapter is not affected by the person leaving his or her residence or household. The respondent should be provided a blank confidential party information form at the time of service, and when the respondent first appears, the respondent must confirm with the court the respondent's identifying and current contact information, including electronic means of contact, and file this with the court. Jurisdiction Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. This notice may be provided at the time the parent, guardian, or conservator of the respondent appears in court or may be served along with a copy of the order, whichever occurs first. (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. Relief for temporary and full protection orders, Law enforcement stand-by to recover possessions. A respondent who is served electronically with a protection order shall be provided a certified copy of the order free of charge upon request. Two copies must be mailed, postage prepaid, one by ordinary first-class mail and the other by a form of mail requiring a tracking or certified information showing when and where it was delivered. (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. Commercial Burglary Prevention A commercial burglary is committed when there is unlawful entry of a commercial structure with the intent to commit a crime, usually a theft. (3) A temporary extreme risk protection order must include: (a) A statement of the grounds asserted for the order; (b) The date and time the order was issued; (d) The address of the court in which any responsive pleading should be filed; (e) The date and time of the scheduled hearing; (f) A description of the requirements for the surrender of firearms under RCW, (g) The following statement: "To the subject of this protection order: This order is valid until the date and time noted above. (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. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. Studies show that individuals who engage in certain dangerous behaviors are significantly more likely to commit violence toward themselves or others in the near future. (1) When a petition for a vulnerable adult protection order is filed by someone other than the vulnerable adult or the vulnerable adult's guardian, conservator, or person acting under a protective arrangement, or both, and the vulnerable adult for whom protection is sought advises the court at the hearing that the vulnerable adult does not want all or part of the protection sought in the petition, then the court may dismiss the petition or the provisions that the vulnerable adult objects to and any existing vulnerable adult protection order, or the court may take additional testimony or evidence, or order additional evidentiary hearings to determine whether the vulnerable adult is unable, due to incapacity, undue influence, or duress, to protect his or her person or estate in connection with the issues raised in the petition or order. (3) Whether or not the petitioner has retained an attorney or has an advocate, the petitioner shall be allowed a support person to accompany the petitioner to any legal proceeding including, but not limited to, sitting or standing next to the petitioner, appearing remotely with the petitioner, and conferring with the petitioner during court proceedings. Courts also may allow a law enforcement petitioner to participate remotely, or allow another representative from that law enforcement agency or the prosecutor's office to present the information to the court if personal presence of the petitioning officer is not required for testimonial purposes. Stalking Protection Order is civil; Stalking No-Contact Order is criminal, in the context of pending criminal action. You are required to surrender all firearms in your custody, control, or possession. (1) Only the respondent is required to appear if the court is reviewing compliance with any conditions of the order. HTML PDF: 9A.46.055: Court-initiated stalking no-contact orders. (9)(a) No fees for service of process may be charged by a court or any public agency to petitioners seeking relief under this chapter. (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. (22) "Judicial day" means days of the week other than Saturdays, Sundays, or legal holidays. (f) At the conclusion of any study conducted under this section, the center for court research shall report its findings to the legislature in compliance with RCW. The court shall not defer acting on a petition for a protection order nor grant a petitioner less than the full relief that the petitioner is otherwise entitled to under this chapter because there is, or could be, another proceeding involving the parties including, but not limited to, any potential or pending family law matter or criminal matter. Certain findings and information in orders. Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section. (10) All law enforcement agencies must develop and implement policies and procedures regarding the acceptance, storage, and return of firearms required to be surrendered under this chapter. Jurisdiction Extreme risk protection orders. (1) Any proceeding under this chapter is in addition to other civil or criminal remedies. (2) A law enforcement officer shall arrest without a warrant and take into custody a person whom the law enforcement officer has probable cause to believe 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 issued under chapter, (3) A violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter, (4) Any assault that is a violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter, (5) A violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or a court order issued under chapter, (6)(a) A defendant arrested for violating a domestic violence protection order, sexual assault protection order, stalking protection order, or vulnerable adult protection order, or an order granted under chapter. Such requests may be granted in the court's discretion. Protection Order where alleged stalking committed by intimate partner or family or household member. "Physical abuse" includes, but is not limited to, striking with or without an object, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding. (1) The superior and district courts have jurisdiction over domestic violence protection order proceedings, sexual assault protection order proceedings, stalking protection order proceedings, and antiharassment protection order proceedings under this chapter, except that such proceedings must be transferred from district court to superior court when: (a) A superior court has exercised or is exercising jurisdiction over a proceeding involving the parties; (b) The action would have the effect of interfering with a respondent's care, control, or custody of the respondent's minor child; (c) The action would affect the use or enjoyment of real property for which the respondent has a cognizable claim or would exclude a party from a shared dwelling; (d) The petitioner, victim, or respondent to the petition is under 18 years of age; or, (e) The district court is unable to verify whether there are potentially conflicting or related orders involving the parties as required by RCW. (b) Upon conviction, and in addition to any other penalties provided by law, the court: (i) May require that the respondent submit to electronic monitoring. (800) 444-1525 Chicago, IL Workers' Compensation, Personal Injury, Medical Malpractice Website Email Profile Cary Dohman PREMIUM (847) 359-4005 Rolling Meadows, IL DUI & DWI, Traffic Tickets, Criminal Law Website Email Profile Christopher Helt PREMIUM (888) 739-6794 Chicago, IL Immigration Law Website Email Profile Mark T. Wakenight PREMIUM 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. 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. [2013 c 84 1.] (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. The petitioner bears no burden of proving that he or she has a current reasonable fear of harm by the respondent. (24) "Minor" means a person who is under 18 years of age. "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. This occurs when an accused enters a store or business (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 item is in the actual physical custody of the week other than,! Court 's discretion if the court shall set a hearing only if the court that. 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