Civil Protection Order

Recent Changes to Washington Civil Protection Order Laws

July 29, 2022 | by Blair & Kim, PLLC

Major changes in Washington’s civil protection order laws took effect July 1, 2022. The changes were intended to update and harmonize laws related to civil protection orders.

Civil protection order laws are now consolidated under RCW 7.105. Under the new law, rules and procedures will be more standardized across the different types of protection orders. There are procedural changes to service of process and hearings. Electronic service is now prioritized except in cases requiring the surrender of firearms, cases involving the transfer of custody of a child, cases involving removal of the respondent from a shared residence, cases where the respondent is incarcerated, and vulnerable adult protection order cases filed by someone other than the vulnerable adult. RCW 7.105.150.

Hearings related to protection orders may be held in person or remotely. The court must allow a party to appear remotely unless it finds good cause to require them to attend in person or by other specific means. RCW 7.105.205.

Washington Court Denies DOSA Sentence for Multiple Violations of No Contact Order

June 27, 2022 | by Blair & Kim, PLLC

Washington’s Drug Offender Sentencing Alternative (“DOSA”) program provides substance use disorder treatment and community treatment to people with a substance use disorder who have committed certain crimes. A DOSA sentence reduces or eliminates the time a person must spend in jail or prison if they complete the treatment and comply with the supervision requirements. A defendant recently challenged a court’s denial of his request of a DOSA sentence.

He was charged with three felony counts of violating a court order, with the state alleging he knowingly violated a no contact order on three occasions and that he had at least two prior convictions for violating a court order.

At sentencing, the defendant asked for a prison-based Drug Offender Sentencing Alternative (“DOSA”), pursuant to RCW 9.94A.660, pointing to testimony from the alleged victim in which she responded “yes” to a question asking if the defendant used methamphetamine. The court described this testimony as inadmissible and prejudicial. The trial court noted that the defendant was facing three cases in a different county and had two prior convictions for violating court orders.

Washington Felony Theft Conviction for Taking Cell Phone

June 14, 2022 | by Blair & Kim, PLLC

Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges can be very serious. In a recent unpublished case, a defendant challenged his second degree theft conviction, arguing the state had failed to prove the value of the phone.

After their romantic relationship ended, the defendant’s ex-girlfriend obtained a no-contact order against him in July 2020.

According to the appeals court’s opinion, the defendant saw her in her truck in a grocery store parking lot, opened her door, threw a drink at her, and struck her multiple times. He also took her phone and the phone of her male friend. A witness called 911.

Washington Felony Protection Order Violation Convictions Reduced to Misdemeanors

April 15, 2022 | by Blair & Kim, PLLC

Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his prior convictions.

According to the appeals court’s unpublished opinion, the defendant entered a guilty plea to violating a protection order in 1992. The county clerk’s office destroyed most of the related records since then. In 2019, the only record left was a seven-page document titled “DOCKET.” This document contained clerk entries related to the prosecution of that case.

In 2019, the district court in another county entered a no-contact order prohibiting the defendant from contacting his girlfriend. He was later charged with three counts of felony violation of a no-contact order based on alleged calls he made to her from jail. He was charged with felonies based on the state’s allegations he had two previous convictions for violating an order. If he did not have prior convictions, the alleged violations would just be misdemeanors instead of felonies.

Washington Court Must Enter Written Findings with Contempt Order

March 23, 2022 | by Blair & Kim, PLLC

When a court enters certain types of Washington protection orders, it must also require the surrender of firearms and other weapons upon a proper showing that the respond used, displayed, or threatened to use a firearm or other dangerous weapon in a felony or that the respondent is not eligible to possess a firearm pursuant to RCW 9.41.040. RCW 9.41.800. An ex-husband recently challenged a court’s order of contempt for failure to surrender his weapons.

His ex-wife petitioned for a domestic violence protection order (“DVPO”) against him, alleging multiple instances of abuse. She stated he put a laser on his gun and pointed the laser at her forehead, telling her that was “where the bullet is going to land.” In another incident, she stated he told her he would kill her if she left while holding a gun to her head. She attached a photo of a firearm and another of the ex-husband with a firearm.

The court issued a temporary DVPO and an order to surrender weapons on November 20, 2020.

Washington Appeals Court Rejects First Amendment Challenge to Stalking Conviction

January 31, 2022 | by Blair & Kim, PLLC

The First Amendment protects the right to free speech. A defendant recently challenged a felony stalking conviction, arguing it was based solely on protected speech.

The defendant was retried after his conviction was reversed on appeal.

According to the appeals court’s opinion, an employee of the county corrections center testified at the trial. The witness testified she had known the defendant since high school. She testified he had engaged in inappropriate behavior, including saying “raunchy” things to her. She said he behaved inappropriately toward all women. She testified he made crude comments to her on social media. When she blocked him, he would contact her through a new profile.

Washington Appeals Court Upholds Mother’s Felony Harassment Conviction

January 20, 2022 | by Blair & Kim, PLLC

Some custody cases can become so acrimonious they result in Washington civil protection orders and even criminal court. In a recent unpublished case, a mother challenged her convictions of felony harassment and felony violation of a protection order.

When the parents divorced, the mother was awarded sole custody of the children. After the father obtained treatment for a brain injury he incurred in the military, he was given visitation. The mother would not comply with the visitation order and the father was given sole custody in September 2018.

According to the appeals court’s opinion, the father found the mother attempting to break in to his home the day he took custody. She physically attacked him and his father.

Visitation Provisions in Washington DVPO Are Not Parenting Plan Modification

November 28, 2021 | by Blair & Kim, PLLC

Washington domestic violence protection orders must be supported by a preponderance of the evidence that domestic violence occurred. Domestic violence protection order proceedings are not subject to the same rules of evidence as other types of cases. A court may rely on evidence, such as hearsay, that would not be allowed in other types of proceedings. In a recent unpublished case, a father challenged a domestic violence order against him, arguing in part there was not credible evidence supporting it.

When the parents divorced, the trial court entered a permanent restraining order prohibiting the father from contacting the mother except for reasons related to the children. The trial court in the divorce proceeding found the father engaged in domestic violence and abusive use of conflict. The court also ordered the father to participate in parenting classes and domestic violence treatment.

Several years later, the children told their mother that they were afraid of their father and did not want to go back to his home.

Changes in Washington’s Civil Protection Order Laws

September 30, 2021 | by Blair & Kim, PLLC

The Washington legislature recently passed legislation that makes significant changes to Washington civil protection order law. The legislation expressed an intent to clarify and simplify civil protection laws, in part to provide greater access to protection orders and the related court processes. To further this goal, the new legislation consolidates the six types of civil protection orders into one chapter of the Revised Code of Washington (“RCW”). The laws relating to the different types of orders were previously scattered in multiple chapters of the RCW.

The new legislation also requires the administrative office of the courts to review the different approaches to jurisdiction for the different types of protection orders and evaluate “whether jurisdiction should be harmonized, modified, or consolidated. . . .” This review is to be done through the state supreme court’s gender and justice commission with support from the state women’s commission.

The new laws also require the administrative office of the courts to develop a single form that may be used for five of the types of civil protection orders, excluding only extreme risk protection orders. Courts will be required to allow petitions to be submitted electronically. Superior courts must meet this requirement by January 1, 2021 and all courts of limited jurisdiction must do so by January 1, 2026. Courts must also implement electronic tracking of the case by the petitioner and respondent within that same timeframe.

Washington Court Denies Renewal of Domestic Violence Protection Order

August 10, 2021 | by Blair & Kim, PLLC

When a court grants a Washington domestic violence protection order for a fixed period of time, the petitioner may seek a renewal up to three months before it expires. A petition for renewal should be granted unless the respondent shows he or she will not resume domestic violence upon the expiration of the protection order. The respondent must make this showing by a preponderance of the evidence. RCW 26.50.060.

In a recent case, a mother challenged the denial of renewal of an order of protection. The court had originally granted her a one-year domestic violence protection order against her children’s father protecting the mother and their two children. The trial court found the father had harmed one of the kids and the mother was afraid for their safety. The father was prohibited from abusing the mother and children. The children were subject of a dependency proceeding, so the father’s contact with them was subject to the custody of the Department of Children, Youth and Families.

The mother petitioned to renew the protection order. She claimed the father scratched the children during his visitation with them. The trial court held a hearing where the mother, her mother, a polygraph examiner, and a Department of Children, Youth and Families social worker testified. Other evidence included a letter and a report from the Department of Children, Youth and Families.