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Fill and Sign the Instructions for Sexual Assault Protection Order Form

Fill and Sign the Instructions for Sexual Assault Protection Order Form

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SAi -3.015 ( 07/2 019 ) Page 1 of 4 Sexual Assault Protection Order Instructions for Sexual Assault Protection Order This is the Sexual Assault Protection Order. If signed by the judge, this order will:  Tell the respondent which restraints are in effect.  Set the expiration date. The clerk will file the original order in the public court record and distribute copies for :  You (free certified copies).  Law enforcement, to enter into the statewide database.  Service on the respondent (if the respondent does not appear at the full hearing). Check with the court clerk befor e filling out the order . In some courts, the judge will fill out this order. In other courts, you will be expected to fill out all or part of the order. Please check with the court clerk.  If you are expected to fill out the order, follow the instruc tions below.  It may be helpful to ask the court clerk for advocate services to help you fill out this order. Print Clearly! Use Black or Blue Ink only. Fill in the name of the petitioner.  If you are the protected person, fill in your name.  If th e protected person is a minor, vulnerable adult or other adult who, because of age, disability, health or inaccessibility, cannot file the petition (other adult), fill in that person’s name.  Put the petitioner’s date of birth where it says “DOB.” Fill i n the respondent's name and date of birth. If you do not know the respondent's date of birth, put in the respondent's age. Fill out as much as you can of the respondent’s identifiers, distinguishing features, such as tattoos or scars. Indicate if the r espondent has access to weapons. This information will help law enforcement identify the respondent and enforce the order. On page 1, below the heading “The court finds,” check the box to show whether the respondent was served by personal service, mail , or publication. On page 1, below the heading “The Court Orders,” leave the expiration date box blank . The judge will fill in the expiration date. On page 2, below the heading “The Court Finds,” check the first box and complete the paragraph if the pet itioner or respondent are under 16 years of age. A guardian ad litem must be appointed to represent minors under 16 years of age. Write in the name of the parent or SAi -3.015 ( 07/2 019 ) Page 2 of 4 Sexual Assault Protection Order legal guardian who appeared at the hearing and the party (petitioner or respondent) the p arent or legal guardian was appointed to represent. Check the second box and complete the paragraph if the court appointed an attorney to represent a party. Write in the name of the attorney and the name of the party represented by the attorney. Restra int Provisions For the restraint provisions, check the same boxes you checked in the petition. For the second and third items, you may list the petitioner’s residential address. The petitioner has a right to keep his or her residential address confide ntial (secret). You are not required to write in the petitioner’s residential address if disclosure of the address ZRXOGSXWWKHSHWLWLRQHURUWKHSHWLWLRQHU¶VIDPLO\DWULVNRIDEXVHRUKDUDVVPHQWIURPWKH respondent. However, enforcement of the order ma y be easier if an address is included. If you decide to include an address, please list the complete address including the city. If you check the fourth item, make sure you write in the name and address of the petitioner’s school. Note: you will also need to complete form WPF SA 3.070, Appendix A: School Transfer. (See the instructions SAi 3.070.) Prohibit Weapons and Order Surrender The judge will check this box if the court orders the respondent:  not to access, possess or obtain any firearms, o ther dangerous weapons, or concealed pistol license s; and  comply with the Order to Surrender Weapons filed separately. Bring the Order to Surrender Weapons , form All Cases 02 -050 , for the judge to complete. The judge can grant, deny , or change any p rovision you write in this order. Washington Crime Information Center (WACIC) Data Entry The order will be entered into a state -wide database used by law enforcement so any officer in the state knows of it. Print the name of the agency which has jurisd iction where you reside.  If your address is outside of city limits, name the county sheriff.  If your address is within city limits, name the city police. Service Unless the respondent or the respondent’s lawyer was present at the hearing, this ord er must be served on the respondent so the respondent knows what restraint provisions are in place, and when and where the hearing will be held. SAi -3.015 ( 07/2 019 ) Page 3 of 4 Sexual Assault Protection Order If the court orders respondent to surrender weapons, local law enforcement must serve the respondent. If t he court does not order respondent to surrender weapons, y ou may choose service by:  A law enforcement agency;  A hired professional process server;  Another person 18 or over, who is not a party to this action ; or  Mail or publication, if the judge previo usly entered an order allowing service by mail or publication. If you want law enforcement to serve the order: Check the correct box and fill in the local law enforcement agency to serve respondent . Law enforcement will help you identify the correct a gency. If respondent is under age 18, check the correct box and fill in the local law enforcement agency to serve respondent’s parent(s) or legal guardian(s) . Law enforcement will help you identify the correct agency. If the court did not order respo ndent to surrender weapons and you are making private arrangements for service of this order, check that box. Private arrangements include:  A hired professional process server.  Another person , 18 or over, who is not a party to this action. You will ne ed to provide an address where the respondent can be located for service. If the respondent appears at the hearing and the court serves a copy of the petition and this order on the respondent, check the last “Service” box. No further service is required . Sign the Form The judge will fill in the date and time when the order is granted and sign his or her name . Sign the bottom of the form.  If you are filing on your own behalf sign above the line for “Signature of Petitioner.”  If you are filing on beh alf of a minor, a vulnerable or other adult sign above the line for “Signature of Person Filing on Behalf of Petitioner.” Law Enforcement Information Sheet (LEIS) You must complete a Law Enforcement Information Sheet (LEIS), form WPF All Cases 01.0400 , if the local law enforcement agency will serve the respondent . This form is confidential and it does not go in the public court file and is not served on the respondent.  It is used by Law Enforcement to locate and identify the respondent when serving doc uments.  It is also used by Law Enforcement when entering the order in the state -wide data base. SAi -3.015 ( 07/2 019 ) Page 4 of 4 Sexual Assault Protection Order Complete as much information as possible, especially, first name, middle initial, last name, and date of birth. If the respondent has a disability, brain i njury, or other impairment, you may know of special assistance that law enforcement could provide when serving the documents. For example: “Respondent has a brain injury. If respondent is rushed, respondent may freeze up and may not respond quickly, or m ay become verbally aggressive. Remind respondent to contact a friend.” “Respondent has epilepsy and diabetes and may have seizures when stressed. Respondent doesn’t respond well to being rushed and will need time to get meds and supplies.” If you know the respondent has firearms or other dangerous weapons, make sure you specify exactly what types and numbers. If you have any questions about this order, ask the court clerk, the courthouse facilitator, or the sexual assault advocate . Register for Autom atic Notices about your Protection Order: After the court issues a temporary or full order for protection, you can register for automatic notices. As authorized by RCW 36.28A.410, WA VINE Protective Order is an automated service that allows you, the p etitioner, to track the status of a protective order over the phone or internet. You can also register to be notified by phone and email about changes in the status of a protective order. If you register for notification, you will receive important notifi cations regarding the service status of your protective order, a 90 -day expiration warning, and notification if the respondent in your order attempts to purchase/transfer a firearm while they are prohibited and are denied. To access protective order infor mation, call 1-877 -242 -4055 , or visit www.registervpo.com . Do not rely solely on WA VPO for your safety. If you feel you are in danger, call 9 -1-1.

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