rcw stalking protection order

(32) "Sexual conduct" means any of the following: (a) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing; (b) Any intentional or knowing display of the genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent; (c) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent; (d) Any forced display of the petitioner's genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others; (e) Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 16, if done for the purpose of sexual gratification or arousal of the respondent or others; or. "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. (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. (10) When a petitioner has alleged incapacity to consent to sexual conduct or sexual penetration due to intoxicants, alcohol, or other condition, the court must determine on the record whether the petitioner had the capacity to consent. Isolation may be evidenced by acts including, but not limited to: (i) Acts that prevent a person from sending, making, or receiving his or her personal mail, electronic communications, or telephone calls; or. [2019 c 245 9; 2013 c 84 15.] A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent, and may have health problems that place him or her in a dependent position. The order also may include a requirement that the respondent pay the costs of the monitoring. (12) If a petitioner has requested an ex parte temporary protection order, because these are often emergent situations, the court shall prioritize review, either entering an order without a hearing or scheduling and holding an ex parte hearing in person, by telephone, by video, or by other electronic means on the day the petition is filed if possible. The order must remain in the computer until the expiration date specified on the order. (13) Courts shall not require a petitioner to file duplicative forms. When a party alleging a violation of a protection order issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. Service is complete 10 calendar days after the mailing of two copies as prescribed in this section. (4) Courts shall not post or stream proceedings or recordings of protection order hearings online unless (a) a waiver has been received from all parties, or (b) the hearing is being conducted online and members of the public do not have in-person access to observe or listen to the hearing. For extreme risk protection order hearings, the following also apply. (4)(a) "Coercive control" means a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person's free will and personal liberty. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and. (2) Pursuant to subsection (1) of this section, an evidentiary hearing on the issue of 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, must be held within 14 days of entry of the temporary protection order. The legislature finds that: (a) Domestic violence is a problem of immense proportions. (B) Provide the court with verification that any concealed pistol license issued to the respondent has been surrendered and that a law enforcement agency with authority to revoke the license has been notified. HTML PDF: 9A.46.055: Court-initiated stalking no-contact orders. "Physical abuse" includes, but is not limited to, striking with or without an object, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding. (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. (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. (8) A petitioner is not required to post a bond to obtain relief in any proceeding for a protection order. (5) A temporary extreme risk protection order must be served by a law enforcement officer in the same manner as provided for in RCW. (30) "Possession" means having an item in one's custody or control. (37) "Vulnerable adult" includes a person: (a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or, (c) Who has a developmental disability as defined under RCW, (e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter, (f) Receiving services from a person under contract with the department of social and health services to provide services in the home under chapter, (g) Who self-directs his or her own care and receives services from a personal aide under chapter, (3) The definitions in this section have been alphabetized pursuant to RCW. (ii) Service by electronic means must be made by a law enforcement agency, unless the petitioner elects to have the respondent served by any person who is not a party to the action, is 18 years of age or older and competent to be a witness, and can provide sworn proof of service to the court as required. The motion must include an offer of proof of the relevancy of the proposed evidence and reasonably specific information as to the date, time, and place of the past sexual conduct between the petitioner and the respondent. Publication must be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. (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. The following provisions apply to the renewal of all full protection orders issued under this chapter, with the exception of the renewal of extreme risk protection orders. (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. (1) There exists an action known as a petition for a protection order. Protection Order where alleged stalking committed by intimate partner or family or household member. 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. (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. The order also may include a requirement that the respondent pay the costs of the monitoring. The following provisions apply to the renewal of all full protection orders issued under this chapter, with the exception of the renewal of extreme risk protection orders. (4) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order. (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. (b) A person is guilty of a class C felony for a violation under (a) of this subsection if the person has two or more previous convictions for violating an order issued under this chapter. If probable cause for a violation of the order exists, the court shall issue a warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered pursuant to such search. (d) Service by publication is permitted only in those cases where all other means of service have been unsuccessful or are not possible due to lack of any known physical or electronic address of the respondent. (b) The protection order advocate shall not provide legal representation nor interpretation services. 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. (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. The petitioner may petition for a sexual assault protection order on behalf of: (ii) A minor child, where the petitioner is the parent, legal guardian, or custodian; (iii) A vulnerable adult, where the petitioner is an interested person; or. "Abuse" includes sexual abuse, mental abuse, physical abuse, personal exploitation, and improper use of restraint against a vulnerable adult, which have the following meanings: (a) "Improper use of restraint" means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline, or in a manner that: (i) Is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter. This occurs when an accused enters a store or business (3) Any respondent age 18 years or over who willfully disobeys the terms of any antiharassment protection order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter, (4) Any respondent under the age of 18 years who willfully disobeys the terms of an antiharassment protection order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW, (5) A defendant arrested for violating any antiharassment protection order issued under this chapter is required to appear in person before a magistrate within one judicial day after the arrest. 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