(9)(a) An extreme risk protection order must state that the act of voluntarily surrendering firearms, or providing testimony relating to the surrender of firearms, pursuant to such an order, may not be used against the respondent in any criminal prosecution under this chapter, chapter. Minors are presumed to be unable to pay. (22) "Judicial day" means days of the week other than Saturdays, Sundays, or legal holidays. (3) In determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence including, but not limited to, any of the following: (a) A recent act or threat of violence by the respondent against self or others, whether or not such violence or threat of violence involves a firearm; (b) A pattern of acts or threats of violence by the respondent within the past 12 months including, but not limited to, acts or threats of violence by the respondent against self or others; (c) Any behaviors that present an imminent threat of harm to self or others; (d) A violation by the respondent of a protection order or a no-contact order issued; (e) A previous or existing extreme risk protection order issued against the respondent; (f) A violation of a previous or existing extreme risk protection order issued against the respondent; (g) A conviction of the respondent for a crime that constitutes domestic violence as defined in RCW, (h) A conviction of the respondent under RCW. On average, there are over 100 gun deaths each day, 61 percent of which are suicides. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney's fee. In hearings under this chapter, the following apply: (1) Hearings under this chapter are special proceedings. (b) A person who stalks another is guilty of a class B felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of If done by mail, this additional service is considered completed on the third calendar day after mailing. (1) Upon a motion with notice to all parties and after a hearing, the court may modify the terms of an existing protection order or terminate an existing order. Such appearance does not constitute the unauthorized practice of law. (3) At the time of surrender, a law enforcement officer taking possession of a firearm or concealed pistol license shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. (3) Transfer procedures, court calendars, and judicial officer assignment must further the goals of this chapter to: Minimize delay; make the system less complex; provide sufficient victim support, consistency, safety, timeliness, and procedural fairness; enable comprehensive use of electronic filing, case tracking, and records management systems; provide for judicial officers with expertise and training in protection orders and trauma-informed practices and continuity of judicial officers at each hearing so the judicial officer will have greater familiarity with the parties, history, and allegations; and help ensure that there is compliance with timely and comprehensive firearms relinquishment to reduce risk of harm. (c) For a stalking protection order, that the petitioner has been subjected to stalking by the respondent. Trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve. You are responsible for providing all relevant information to the court in support of your petition, and (9) If the protection order includes the parties' children, a renewed protection order may be issued for more than one year, subject to subsequent orders entered in a proceeding under chapter, (10) The court may award court costs, service fees, and reasonable attorneys' fees to the petitioner as provided in RCW. (4) The court nearest to the petitioner's residence or former residence under subsection (3) of this section. If the court finds that the motion and related documents should be sealed pursuant to court rule and governing law, it may enter an order sealing the documents. (a) For a domestic violence protection order, that the petitioner has been subjected to domestic violence by the respondent. 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. Requests for changes must be made in writing. The petitioner is required to fill out the confidential party information form to the petitioner's fullest ability. (1) Any vulnerable adult who is not subject to an order under chapter, (2) In a hearing on a motion to modify or terminate the protection order, the court shall grant such relief consistent with RCW. (h) The interest of the public in the pending civil and criminal litigation. (a) When the respondent is a minor, service of a petition for a protection order, modification, or renewal, shall be completed, as defined in this chapter, upon both the respondent and the respondent's parent or legal guardian. The order is fully enforceable in any county in the state. (12) In determining whether there has been a substantial change in circumstances for respondents under the age of 18, or in determining the appropriate duration for an order, the court shall consider the circumstances surrounding the respondent's youth at the time of the initial behavior alleged in the petition for a protection order. About 15 percent of Washington adults report experiencing domestic violence in their lifetime, and women, low-income people, and black and indigenous communities experience higher rates of domestic violence. Examples of coercive control include, but are not limited to, engaging in any of the following: (i) Intimidation or controlling or compelling conduct by: (A) Damaging, destroying, or threatening to damage or destroy, or forcing the other party to relinquish, goods, property, or items of special value; (B) Using technology to threaten, humiliate, harass, stalk, intimidate, exert undue influence over, or abuse the other party, including by engaging in cyberstalking, monitoring, surveillance, impersonation, manipulation of electronic media, or distribution of or threats to distribute actual or fabricated intimate images; (C) Carrying, exhibiting, displaying, drawing, or threatening to use, any firearm or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate the other party or that warrants alarm by the other party for their safety or the safety of other persons; (D) Driving recklessly with the other party or minor children in the vehicle; (E) Communicating, directly or indirectly, the intent to: (I) Harm the other party's children, family members, friends, or pets, including by use of physical forms of violence; (III) Attempt suicide or other acts of self-harm; or. This record will be exempt from public disclosure at all times, and restricted access to this form is governed by general rule 22 provisions governing access to the confidential information form. (iii) If the law enforcement agency has a reasonable suspicion that the respondent is not in full compliance with the terms of the order, the law enforcement agency must submit the basis for its belief to the court, and may do so through the filing of an affidavit. (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. (8) Appearances required under this section are mandatory and cannot be waived. (3) To promote judicial economy and reduce delays, for respondents who are able to be served electronically, the respondent, or the parent or guardian of the respondent for respondents under the age of 18 or the guardian or conservator of an adult respondent, shall be required to provide his or her electronic address or electronic account associated with an email, text messaging, social media application, or other technology by filing the confidential party information form referred to in RCW. (b) Recognizing that an extreme risk protection order may need to be issued outside of normal business hours, courts shall allow law enforcement petitioners to petition after hours for a temporary extreme risk protection order using an on-call, after-hours judge, as is done for approval of after-hours search warrants. The court shall not require more than two attempts at obtaining service before permitting service by other means authorized in this chapter unless the moving party requests additional time to attempt service. (1) The court must notify the petitioner of the impending expiration of an extreme risk protection order. (d)(i) At the show cause hearing, the respondent must be present and provide proof of compliance with the extreme risk protection order and demonstrate why the relief requested should not be granted. Jurisdiction Vulnerable adult protection orders. A petition for an extreme risk protection order may be filed by (i) an intimate partner or a family or household member of the respondent; or (ii) a law enforcement agency. (6) Regardless of whether there is a substantial change in circumstances, the court may decline to terminate a protection order if it finds that the acts of domestic violence, sexual assault, stalking, unlawful harassment, and other harmful acts that resulted in the issuance of the protection order were of such severity that the order should not be terminated. Evidence of emission of semen is not required to prove sexual penetration. (12) "Facility" means a residence licensed or required to be licensed under chapter. 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. (10) If the petition states that disclosure of the petitioner's address or other identifying location information would risk harm to the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. If the court has entered an order that prohibits the respondent from possessing or purchasing a firearm, the law enforcement agency shall also enter the order into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms. A protection order is a civil order issued by the court By themselves, protection orders may do little to stop stalking or protect you from harm. Orders issued under this chapter must include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. "Financial exploitation" includes, but is not limited to: (a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, government benefits, health insurance benefits, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; (b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship or conservatorship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or. The electronic submission system must allow for petitions for protection orders and supportive documents to be submitted at any time of the day. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and. 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. (b) If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the temporary protection order. (1) There exists an action known as a petition for a protection order. (16) "Full hearing" means a hearing where the court determines whether to issue a full protection order. (2)(a) Except as provided in (b) of this subsection, any person who has in his or her custody or control, accesses, purchases, possesses, or receives, or attempts to purchase or receive, a firearm with knowledge that he or she is prohibited from doing so by an extreme risk protection order is guilty of a gross misdemeanor, and further is prohibited from having in his or her custody or control, accessing, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm for a period of five years from the date the existing order expires. . The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Consent must be ongoing and may be revoked at any time. (ii) For 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 have the sole responsibility to avoid or refrain from violating this order's provisions. 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. Both amendments are incorporated in the publication of this section under RCW, (2) This section was amended by 2022 c 231 9 and by 2022 c 268 17, each without reference to the other. Some cases where rape is reported are not prosecuted or do not lead to a conviction. He or she may also petition on behalf of a family or household member who is a minor if chosen by the minor and capable of pursuing the minor's stated interest in the action. Grant of order, denial of order, and improper grounds. (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or health care. The instructions must be designed to assist petitioners in completing the petition, and must include a sample of standard petition and protection order forms. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. (3) The court may issue an ex parte temporary protection order on the petition with or without a hearing. [2013 c 84 1.] (c) The parties' rights to have access to the court transcript or recording of the hearing. 1491 in 2016. . Courts shall make publicly available in print and online information about their transfer procedures, court calendars, and judicial officer assignment. Upon receipt of the order, the law enforcement agency shall immediately enter the order into the national instant criminal background check system, any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms, and any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Adolescent dating violence is occurring at increasingly high rates, and preventing and confronting adolescent violence is important in preventing future violence in adult relationships. court of the state of Washington for the county of . 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