California Code of Civil Procedure CCP 5276

Temporary Sexual Assault Protection Order and Notice of Hearing (TMORSXP)

Court of Washington

1. The court finds by a preponderance of the evidence that Petitioner is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration as defined in RCW 7.90.010 by the respondent; Chapter 26.50 RCW does not apply; and:

Petitioner is 16 years of age or older.

Petitioner is a minor child, age , on whose behalf the petition is brought. Petitioner’s parent(s) or legal guardian(s) are bringing this action and are appointed as the petitioner’s guardian ad litem for this proceeding.

Petitioner is a vulnerable adult as defined in RCW 74.34.020 or 74.34.021; or other adult who, because of age, disability, health, or inaccessibility, cannot file the petition.

Respondent is under 16 years of age. The court will determine at the next hearing whether Respondent’s parent or guardian or an attorney should be appointed as guardian ad litem to represent the respondent in this proceeding.

The court further finds that there is good cause to grant each remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which each remedy is intended to prevent or the irreparable injury which the surrender of weapons is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner’s efforts to obtain judicial relief. It is therefore ordered:

1. No Contact: Respondent is restrained from having any contact with the petitioner, including but not limited to telephone calls, mail, written notes, e-mail, texting, and social media (such as Facebook and Twitter), directly, indirectly, or through third parties regardless of whether those third parties know of the order.

2. Exclude from place: Respondent is excluded from the following places:

Petitioner’s residence

Petitioner’s workplace

Petitioner’s school

Petitioner’s day care

Other:

3. Stay Away: Respondent is prohibited from knowingly coming within, or knowingly remaining within (distance) of:

Petitioner’s residence

Petitioner’s workplace

Petitioner’s school

Petitioner’s day care

Other:

4. Other:

Surrender of Weapons Order filed separately

Respondent must comply with the Order to Surrender Weapons Issued Without Notice filed separately, which requires the respondent to surrender any firearm and other dangerous weapons.

The court finds that irreparable injury could result if the order to surrender weapons is not issued.

The respondent may file a Respondent’s Petition to Reopen Temporary Sexual Assault Protection Order, form SA 6.050, if the respondent did not receive actual prior notice of the hearing and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by chapter 7.90 RCW.

Washington Crime Information Center (WACIC) Date Entry

It is further ordered that the clerk of the court shall forward a copy of this order on or before the next judicial day to where Petitioner lives which shall enter it into WACIC.

Service

The clerk of the court shall also forward a copy of the summons, petition, and order on or before the next judicial day to where Respondent lives which shall personally serve the respondent with a copy of the summons, petition and order and shall promptly complete and return to this court proof of service.

The clerk of the court shall also forward a copy of the summons, petition and order on or before the next judicial day to for service of the summons, petition and order upon at:

Petitioner has made private arrangements for service of the summons, petition, and order. (A Return of Service shall be filed with the court at or before the next hearing.)

Respondent appeared in person before the court and was served a copy of the summons, petition, and order by the court; further service is not required under RCW 7.90.140(6).

The respondent is directed to appear and show cause why this temporary sexual assault protection order should not be made effective for up to two years and why the court should not order the relief requested by the petitioner. If Respondent is under 16 years of age then his or her parent(s) or legal guardian(s) shall also appear.

Failure to appear at the hearing may result in the court granting all of the relief requested in the petition.

Warnings to the Respondent: A knowing violation of this sexual assault protection order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order.

This temporary sexual assault protection order is effective until the next hearing date shown on page one.

Presented by:

The petitioner or the petitioner’s lawyer must complete a Law Enforcement Information Sheet (LEIS).