8904EN - Anti-Harassment: Petition for Order of Protection. August 2014 Forms and Instructions

Transcription

1 8904EN - Anti-Harassment: Petition for Order of Protection August 2014 Forms and Instructions

2 Table of Contents: 8904EN Rev. 08/2014 Section 1: Introduction...1 A. What is an anti-harassment petition?... 1 B. Do I need an anti-harassment petition?... 1 C. Where do I file an anti-harassment petition?... 2 D. Should I use this packet?... 2 E. What forms are in this packet?... 2 F. Words You May Need to Know... 3 Section 2: General Instructions for Filling out Forms...6 Section 3: Instructions for each Form...8 A. Worksheet for the Harassment and/or Stalking Petition... 8 B. Motion for Waiver of Fees (WPF UH )... 8 C. Financial Statement (WPF UH )... 9 D. Order to Proceed without Payment of Fees (WPF UH ) E. Law Enforcement Information Sheet WPF all cases F. Confidential Information Form (WPF UH ) G. Notice of Hearing (WPF UH ) H. Petition for an Order of Protection (WPF UH ) I. Temporary Protection Order and Notice of Hearing (WPF UH ) J. Order for Protection from Unlawful Civil Harassment (ORAH) WPF UH K. Petition for an Order for Protection Respondent under Age 18 Harassment (PTAH18) - WPF UHST L. Temporary Protection Order and Notice of Hearing Respondent under Age 18 Harassment (TORAH18) UH M. Order for Protection Respondent under Age 18 Harassment (ORAH) WPF UH N. Return of Service Harassment (WPF UH ) Section 4: Arranging for service...22 Section 5: Getting Ready for and Going to Your Hearing...23 A. Going to the Hearing This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of August Northwest Justice Project (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial purposes only.)

3 8904EN Rev. 08/2014 Section 1: Introduction A. What is an anti-harassment petition? It asks the court to grant you a stay-away order against someone who has been acting towards you in a way that unreasonably interferes with your privacy or creates an intimidating, hostile, or offensive living environment for you. If that person s behavior has seriously alarmed, annoyed, or harassed you, you might want an anti-harassment order. This procedure is generally for people who: are not married to their harasser AND have not lived with the harasser AND have no children in common with the harasser You must prove the other person's conduct: would cause any reasonable person to suffer serious emotional distress AND was intentional or willful AND served no legitimate or legal purpose This is different from the definition of domestic violence. The penalties for violations may be different. The law on anti-harassment orders and penalties is online at or check with your local library or local law library. If the judge awards you an anti-harassment protection order, and the person you got the order against violates the order, that person can be found in contempt of court ordered to do jail time ordered to pay you or the court a penalty found guilty of a gross misdemeanor B. Do I need an anti-harassment petition? Use the courts Worksheet for the Harassment and Stalking Petition. It will help you figure out what to ask for. A copy of the Worksheet is in this packet. 1

4 8904EN Rev. 08/2014 C. Where do I file an anti-harassment petition? Check with your local clerk of court. You typically file a petition for an Anti-Harassment Order in district court, but Municipal or superior court may handle these matters in your county. D. Should I use this packet? This packet is for simple anti-harassment cases only. This packet will not help if: you are under the age of 18 you want to file a petition for a child under the age of 18 In those cases, get advice from a lawyer. Anti-harassment practice varies by county. Some judges/commissioners prefer to fill out parts of the forms themselves. Others want you to do it. For specific information on how to fill out forms in your county, contact the following: the court clerk; the court facilitator; your local Domestic Violence advocacy program; your local volunteer attorney program; an experienced local family law attorney. E. What forms are in this packet? This packet has the following forms and instructions for each form: a) Worksheet for the Harassment and/or Stalking Petition - UHST b) Motion for Waiver of Fees - WPF UH c) Financial Statement WPF UH d) Order to Proceed without Payment of Fees - WPF UH e) Law Enforcement Information Sheet - WPF all cases f) Confidential Information Form g) Notice of Hearing - WPF UH h) Petition for an Order of Protection - WPF UH i) Temporary Protection Order and Notice of Hearing - WPF UH j) Order for Protection from Unlawful Civil Harassment (ORAH) - WPF UH k) Petition for an Order for Protection Respondent Under Age 18 Harassment (PTAH18) - WPF UHST

5 8904EN Rev. 08/2014 l) Temporary Protection Order and Notice of Hearing Respondent Under Age 18 Harassment (TORAH18) - WPF UH m) Order for Protection - Respondent Under Age 18 Harassment (ORAH18) WPF UH n) Return of Service WPF DRPSCU F. Words You May Need to Know Bailiff: A member of the judge s staff who is in charge of courtroom procedure and security. The bailiff and the clerk may sometimes be the same person. Caption: The heading of each legal document. It has the name of the court, the names of the parties, the case number, the name of the document itself, and, sometimes, the type of case. Clerk of the Court: An officer of the court who handles clerical matters like keeping records, entering judgments into the record and providing certified copies. Every courthouse has a Superior Court Clerk s Office. Someone from the clerk s office staff is also usually in the courtroom during hearings. Commissioner/Court Commissioner: This person is like a judge, but only makes decisions relating to a specific subject matter. Many counties have family law commissioners who decide family law cases 1. Confirm a Hearing or Trial: Notifying the court that you intend to have the hearing or trial scheduled in your case. The way to confirm your hearing or trial differs by county. Not all counties require it. Often you need to call the court a few days before the hearing or trial. Local rules explain each county s requirements. If yours requires you to give confirmation notice and you do not, the court may cancel the hearing or trial. Conformed Copy: A copy of any court document you have filed with the clerk. You must have it stamped with the date filed. If the document is an order, it must also have the name of the judge who signed it written or stamped on it. Contested Case: Opposing parties take part and disagree about the case s outcome. Continuance: Delaying your court hearing to a later date. In some counties, you must ask the judge for a continuance. Custodian (also Custodial Parent): The person the children live with most of the time. Declaration: A written statement made to the court under oath. 1 In many counties, court commissioners make decisions in family law cases instead of judges. To make this packet simpler, we mostly just use judge. 3

6 8904EN Rev. 08/2014 Default Order: An order the Petitioner can request if the respondent fails to file a Response before the deadline OR s/he has appeared in the case but then fails to file a Response after being served with a Motion for Default Docket: the court s schedule of cases it will hear on a specific day. Ex Parte: Going before the court without notifying the other party. Sometimes also refers to the courtroom where you see a judge without notifying the other party. Ex Parte Restraining Order: An order the judge signs if emergency circumstances require protection before the court can hold a temporary hearing. Exhibit: Documents, records, and photographs introduced into evidence at trial or hearing. Attachments to legal forms are sometimes exhibits. If they are, they should follow the format rules for court forms. (This packet has basic information about the format rules in the General Instructions section.) Filing: Giving court papers to the Court Clerk to place in the case file. Hearing: Going before a judge to request a court order or to defend against another party s request. Hearings usually take place before the trial date and concern specific issues. (Example: temporary relief.) Hearings on important issues (example: motions to dismiss) may end the case. In many counties, the court does not allow live witness testimony at hearings. The parties must file and serve materials in advance in writing. Jurisdiction: The court s authority to make decisions regarding certain people and issues. If a court does not have jurisdiction, it has no authority to make orders over the person or subject affected. LEIS: Law Enforcement Information Sheet. Moving Party: the person who files the petition. Nonmoving party: the party who did not file the petition. Order: A court document a judge signs that requires someone to do (or not do) something. If you disobey a court order, the judge may hold you in contempt of court. Note: An order is not in effect until a judge has signed it. Other party: The person you are filing the petition against. Party: A Petitioner or a Respondent. Petition: The document that starts a case and asks the court for a final order. Petitioner: The person who first files a legal case. The petitioner in the caption of a form does not change, even when the other party files motions later. Pro Se: Acting without a lawyer; representing yourself in court. Proposed Order: An order one party will be asking the judge to sign. It will not yet have the judge s signature on it. Many counties require the parties to file and serve proposed 4

7 8904EN Rev. 08/2014 orders with motions or responses to motions, to show how that party wants the court to decide the motion. A proposed order becomes an order if the judge signs it. Respondent: The person against whom you have filed your petition. Response: A formal written answer to the Petition, filed with the court. Ruling: The judge s decision. Service: Giving court papers to the other party. The law defines how to properly have someone served. When you start a case, you must arrange for the Summons and Petition and other papers that start the case to be properly hand-delivered or, in some cases, and with advance court permission, sent by certified mail or published in a newspaper. After you have had the Summons and Petition served, you can serve many later papers by first class mail, with enough advance notice. Summons: A written notice that the petitioner has filed a court case. Temporary Order: An order the court enters after you have filed a case and before it is finished. It is only in effect while the case is going on. Some temporary orders may end at a fixed time, even before the case ends. Time to Respond (or deadline to respond): The length of time a party has to respond to something filed by another party. Trial: The hearing where the judge listens to live testimony from parties and witnesses, considers evidence properly introduced, hears argument, and decides the case s outcome. Venue: The county where you should file the case. 5

8 8904EN Rev. 08/2014 Section 2: General Instructions for Filling out Forms Case number. When you file the papers to start the case and pay the filing fee (or have the fee waived), the court clerk will assign a case number. Write the case number near the top on the right hand section of the first page of every form after "No." (abbreviation for number ). When you file your case, you may be able to use a special stamp at the court clerk s counter to stamp the case number on each paper. You can write or stamp the case number. You must write or stamp the case number on the first page of every copy of every paper you file with the court and the copies for other parties. If you do not, your papers may be lost, or the clerk may return them to you. Some courts will also fine you for filing incorrect forms. Title. Each form has a title. The title is on the right-hand side of the form under the case number. Format: Pleadings (legal forms) you file with the court and attachments to pleadings must follow the court rules about size and margins (GR 14(a)). Use regular size (8 ½ x 11 ) white paper. Write on only one side. The first page of each paper you file must have a three-inch margin (three inches of space) at the top. The other margins (left, right and bottom, and the top from the second page on) must be at least one inch wide. If your forms do not follow these rules, the court clerk may refuse to file them or may make you pay a fine. The contents. Fill out each form according to the instructions for that form. In most counties, you may print or type the information, but it must be readable and you must use BLACK OR DARK BLUE INK. A few counties require that you type all documents. Check with the clerk of the court where you are filing. After filling out each form, re-read it. Make sure you have correctly filled in all the blanks you need to. Any corrections must be neat and readable. Do not write in the margins of any page. The clerk may reject your form. 6

9 8904EN Rev. 08/2014 Dates. On the last page of most forms (not orders), there is a space for you to write the date you signed the form. Your Signatures. After you fill out a form, look for the place(s) where you sign. Identifying Information. Court rules try to protect privacy but also allow for public access to certain information in court files. Exception: The Law Enforcement Information Sheet (LEIS) does not go in the public court file. It is safe to put information in that form. 7

10 8904EN Rev. 08/2014 Section 3: Instructions for each Form A. Worksheet for the Harassment and/or Stalking Petition Keep this nearby to help you fill out the other forms. B. Motion for Waiver of Fees (WPF UH ) Waiver fees are only for very low-income people who otherwise cannot afford to pay the filing fees involved in starting a case. Fill in the caption. You will fill the caption in the same way on each form. See example: DISTRICT COURT OF WASHINGTON FOR KING COUNTY JANE ANNE DOE Petitioner vs. KELLY JANE SMITH Respondent NO. MOTION FOR WAIVER OF FEES (HARASSMENT)(MT) I. Motion Read this paragraph. II. Basis for Motion 2.1 Check this box if you are low-income Check the first box if: Someone has stalked you. (Check the second box too.) The other party is a sex offender or kidnapper. (Check the third box too.) 8

11 8904EN Rev. 08/2014 The other party engaged in acts of domestic violence against you AND you both are family or household members. (See RCW ) (Check the fourth box too.) II. Declaration 3.1 Check the first box if you are low-income. Check the second box if you have information you think the court should know that does not go in the financial statement. 3.2 Check the first box if Someone has stalked you. (Check the second box too.) The other party is a sex offender or kidnapper. (Check the third box too.) The other party engaged in acts of domestic violence against you AND you both are family or household members. (See RCW ) (Check the fourth box too.) If you filed this motion by mail, check the box next to (Check if applies). Date and write in the name of the town/city where you are filling in this form. Sign below that. Attach a financial statement to this form. See below. C. Financial Statement (WPF UH ) Case name: Write in your name versus respondent s name here. Case number: Fill this in when you get a case number from the clerk. 1 - Print your name. 2 - Check this box if you have dependents living with you. Next to How many? write in the number of dependents. Next to ages, put how old they are. 3 - My Monthly Income - Check the box to show whether you are working. If you are, write in your employer s name. Next to Gross pay per month, write how much you make before taxes and other deductions. Write what you take home under that. 4 - Other Sources of Income- If you get a regular check for anything else (examples: TANF, unemployment, workers comp), list it here. Check the box if you get food stamps. Add up any income from box 3 plus what you listed here. 5 - My Household Assets - Fill in the boxes as appropriate. Add everything up. Sections 6, 7 and 8 - Be as complete as you can. Add up the sub-totals from these sections. Date and sign at the bottom. 9

12 8904EN Rev. 08/2014 D. Order to Proceed without Payment of Fees (WPF UH ) Fill in the caption. I. BASIS II. FINDINGS 2.1 Check the first box if you are low-income. Check the box underneath that describes your proof that you are low-income. 2.2 Check the first box if: Someone has stalked you. (Check the second box too.) The other party is a sex offender or kidnapper. (Check the third box too.) The other party engaged in acts of domestic violence against you AND you both are family or household members. (See RCW ) (Check the fourth box too.) II. ORDER 3.1 Check the first box. Check the next two boxes under that. DO NOT SIGN THE ORDER. THE JUDGE DOES THAT. Print your name and the date under Presented by. E. Law Enforcement Information Sheet WPF all cases This form goes to your local law enforcement agency so they can enter your order into the police computer. Do not give this form to any other party in your case. Do not put it in with the papers that you have served. Write your case number in the top right-hand blank. Under that, check the second box. Write the name of the court and your case number in the first blanks. Under that, check the second box ( dissolution paternity ). Restrained Person s Information. In each blank, write information about the restrained party (his/her name, driver s license number, nickname, sex, and so on). Fill out as much of this form as you can. You do not need to know all the answers. Does the Restrained Person Have a Disability, etc.? If you check yes, write a description that will help law enforcement in serving the order. Hazard Information. If the restrained person has a history of mental health problems, assault(s), or drug/alcohol abuse, check the boxes that apply. 10

13 8904EN Rev. 08/2014 Circle any type of weapon you think the restrained person might use. Check the box showing where they usually keep the weapon. Write details at the end of the item. Current Status. Read each question. Circle the appropriate answer Y for yes, N for no, or N/A for does not apply. Protected Person s Information. In each blank, write your name, sex, race, birth date, and the other requested information. If the other party already knows your address, write your address in the blank under If your information is not confidential. If you do not want the other party to know your address, write under If your information is confidential the name, address and phone number of a contact where you can safely and reliably get mail. Examples: a friend, family member, or post office box. Minor s Information. If you have children, write each child s information in the blanks. At the end of the form, next to Filled out by, write your name and the date. If you have written on the back of the form, check the box next to see reverse for additional information. Victim s Household Members or Adult Children Protected: fill in the information for any of these who the order protects. F. Confidential Information Form (WPF UH ) 1. Write the county where you are filing the case, and the case number. If you have no case number yet, write it in when the clerk gives it to you. 2. Check the first box (divorce/separation nonparental custody/paternity/modification ). 3. If restraining orders or protection orders are in place, check the related boxes on the form. Show who the order protects. 4. If you believe the safety of an adult or child would be in danger by giving out address information, even if you do not have a restraining order or a protection order, check the box [t]he health, safety, or liberty Explain the risk of harm. 5. The law requires a residential address on page 2 of the Confidential Information Form. If you are afraid to give your home address, try to give a different address. See if the court clerk will accept it. An alternative address could be a post office box, a private mailbox, a friend or relative s address. If the court clerk will not accept your Confidential Information Form, talk with a lawyer, your local domestic violence program, or call CLEAR at Write in the information requested on the form concerning the petitioner and respondents and the child/ren. Fill in the information about yourself. 11

14 8904EN Rev. 08/2014 G. Notice of Hearing (WPF UH ) Fill in the caption. After TO: fill in the respondent s name. If the clerk does not fill the rest of this form in for you: In the blank directly underneath TO, write your name. In the next sentence, write the name of your petition. In the next paragraph, write the date, time, and place of your hearing. The clerk fills in the rest. H. Petition for an Order of Protection (WPF UH ) Fill in the caption. Check Harassment. Under I believe: check the box next to I am, or the minor I am petitioning for is, a victim of unlawful harassment Check the box next to The respondent and I and the boxes under that apply. 1 - Who is the petitioner? Print your name in the blank next to My name is. At the top of the second page, check the box that describes you. If you checked the third or fourth box, list the names and ages of any children you want the court order to cover. If you need to check the fifth box, use the instructions in our packet called Stalking Protection Order: Forms and Instructions instead. 2 Who is the respondent? Read this. If it is not true of your case, STOP. DO NOT USE THIS PACKET. Talk to a lawyer. 3 Where do the parties live? In the first sentence, print the name of the county you live in. Check no in answer to the second sentence. In the third sentence, print the county where any children you want the order to cover live. In the fourth sentence, print the county where the Respondent lives. 4 Where did the Conduct take place? Print where the harassment happened to you. 5 Describe what the Respondent did or said that you think is harassment or stalking. 12

15 8904EN Rev. 08/2014 A Print when the respondent most recently harassed you. Print where it happened. Use as much space as you need to explain what the respondent did or said to harass you. Check the all boxes that apply at the bottom of page 3. B Use this section to describe other times the respondent harassed you. Put when and where it happened. Include what the respondent did/said to you and how they said it. 6 - How did the incidents you describe make you, the minor, or the vulnerable adult feel? Use the legal definition of unlawful harassment in the box in the worksheet for help answering this question. 7 Has the respondent used, displayed, or threatened to use a firearm or other dangerous weapon in a felony? If you know the respondent has used (or threatened to use) a gun or other weapon in the commission of a felony crime, explain here what you know and how you know it. 8 Has the respondent previously committed an offense that makes him or her ineligible to possess a firearm under the provisions of RCW ? Say yes and explain what you know if you know the respondent Has committed a felony Was found guilty of assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of a protection order or no-contact order restraining the respondent or excluding them from a home Is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense Was the respondent in a previous harassment/stalking case where the court prohibited the use, attempted use, or threatened use of force against the respondent s intimate partner or child Lost his/her right to own a weapon after involuntary commitment for mental health treatment 9 Does possession of a firearm or other dangerous weapon by the respondent present a resinous and imminent threat to public health or safety, or to the health or safety of a victim? If you think it would put public health/safety, your safety or a child s safety at risk, explain why here. 10 Do you have any evidence of the harassment or stalking conduct other than testimony? If you are going only on your own testimony, check no. Skip to Paragraph Eleven. If you check yes, make sure you will be able to share with the court the evidence you are listing. Check all the boxes next to the evidence you can attach to your petition. 13

16 8904EN Rev. 08/ Has/have the victim/s or the respondent ever requested or obtained protection from the other person in a restraining order, civil protection order, or criminal nocontact order? If either you or the respondent has gotten this type of order before, print: The type of order The name of the court that heard the case The date the court held a hearing in the matter Whether the court agreed to enter the order 12 Is there any other litigation between the victim/s and the respondent? Fill this out as completely as you can. 13 Decide what you need the court to do. Check the boxes showing what you need. Surveillance in the second box means constantly following and watching you, in-person OR using technology. Emergency temporary protection: If you need an order right away, check the appropriate box. Explain as completely as you can what will happen if you do not get an order right away. Example: The person harassing you has also followed you home and threatened to kill you. You know the person has a gun. Print the date and place you signed this petition. Sign and then print your name. Confidential address: If you do not want to list your address, check the last box on the last page. Print an address where you can reliably get mail. Otherwise, print your home address in the blank under My address for the purpose of receiving service of legal documents is. I. Temporary Protection Order and Notice of Hearing (WPF UH ) Check with the court clerk, the facilitator, or your local domestic violence advocate before you start filling out this form. The judge in the county where you are filing may not want you to submit a proposed order. Fill this Order out only if you first make sure it is okay to do so. Page 1: Fill in the caption. 14

17 8904EN Rev. 08/2014 Next Hearing Date and Time: If neither the clerk nor judge fills this part in, you can. To the right of the caption, under Next Hearing Date and Time, fill in the information the clerk gives you. Minors addressed in this order: If you want the order to cover your children, list them in the blank chart. it is therefore ordered that: Check all the boxes showing what you want the judge to order. If you check the Stay-Away box, a reasonable distance other people use is 1,000 feet, roughly the length of a swimming pool. Surrender of Weapons: Check this box if you want the court to order the Respondent to surrender his/her weapons. WACIC Data Entry box: If you live outside city limits, print the name of the county where you live. Then check the box for the sheriff s office. If you live inside city limits, check the Box next to Police Department. Service: Check the box showing whether the clerk or you are sending the paperwork to law enforcement. Check the correct box to show whether it is the Sheriff or the cops. If you are using a private server, check the box next to the first Or. Check the second Or only if you are filling this form in after a hearing and the Respondent appeared at the hearing. DO NOT SIGN AND DATE THE ORDER. THE JUDGE DOES THAT. Print your name and the date under Presented by. J. Order for Protection from Unlawful Civil Harassment (ORAH) WPF UH Check with the court clerk, the court facilitator, or your local domestic violence advocate first before you start to fill out this form. Local practice varies by county. The judge in the county where you are filing may not want you to submit a proposed order. Fill this Order out only if you first confirm that it is okay to do so. Page 1: Fill in the caption. 1. Read this. 2. Check the box to show how you had the respondent served. Use other if service was by mail or publication. 15

18 8904EN Rev. 08/ If you want the order to cover your children, list them in the blank chart, one child per line. Page 2: First Section: Check all the boxers showing what you want the court to order. In the Stay-Away box, check the boxes of the places you want the court to order the respondent away from. Write in the minimum number of feet you want the respondent to stay away. (Example: a distance commonly used is 1,000 feet, roughly the length of a swimming pool.) If you want the respondent to reimburse you for the cost of filing this case, check the box next to Pay Fees and Costs. Print the amount of costs in the second box. Get and fill out a form WPF UH from the courts website: Surrender of Weapons: Check the second box in this section if you asked the court to order the Respondent to surrender his/her weapons. WACIC Data Entry: If you live outside city limits, check and put the name of your county in the blank next to County Sheriff s office. If you live inside city limits, check and fill in the name of your city or town next to Police Department. Fill out the rest of this section after the judge has ruled in your case. This Antiharassment protection order expires on: Leave this blank. The judge will fill it in. DO NOT DATE AND SIGN THE ORDER. THE JUDGE DOES THAT. Print your name and the date under Presented by. K. Petition for an Order for Protection Respondent under Age 18 Harassment (PTAH18) - WPF UHST Fill out the caption. Information about appointment of a guardian ad litem for respondent: read this. Skip to page 2. Check the first box. Then check the boxes directly underneath that apply. 1 Who is the petitioner? Print your name. Check either the second or the third box in this section, whichever applies. 2 Information about the respondent: Check whichever of the first three boxes applies to the respondent. Check whichever of the next two applies to the respondent. Print the information requested. 3 Where do the parties live? In the first sentence, print the name of the county you live in. Check no at the bottom of the page. Print the name of the county the child you are filing for lives in. Print the name of the county the respondent lives in. 16

19 8904EN Rev. 08/ Where did the conduct take place? Print the name of the county where the harassment happened. 5 School: If the child you are filing for and the respondent do NOT go to the same school, check no. Skip the rest of this paragraph. If the child you are filing for and the respondent DO go to the same school, list the school s name and address. 6 Describe what the respondent did or said that you think is harassing or stalking: A Print when the respondent most recently harassed you. Print where it happened. Use as much space as you need to explain what the respondent did or said to harass you. Check the all boxes that apply at the bottom of page 3. B Use this section to describe other times the respondent harassed you. Put when and where it happened. Include what the respondent did/said to you and how they said it. 7 You should refer to the legal definition of unlawful harassment in the box in the worksheet for help answering this question. 8 If you know the respondent has used or threatened to use a weapon in a felony crime, fill this out as completely as you can. 9 Say yes and explain what you know if you know the respondent Has committed a felony Was found guilty of assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of a protection order or no-contact order restraining the respondent or excluding them from a home Is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense Was the respondent in a previous harassment/stalking case where the court prohibited the use, attempted use, or threatened use of force against the respondent s intimate partner or child Lost his/her right to own a weapon after involuntary commitment for mental health treatment 10 - Fill this out as completely as you can. Be as specific as possible. 11 If you are going only on your own testimony, check no. Skip to Paragraph Eleven. If you check yes, make sure you will be able to share with the court the evidence you are listing. Check all the boxes next to the evidence you can attach to your petition Fill this out as completely as you can. I ask the Court for an order Check the boxes showing what you need the court to do. Surveillance in the second box on page 6 means constantly following and watching you, in-person OR using technology. 17

20 8904EN Rev. 08/2014 Emergency temporary protection (page 7): If you need an order right away, check the appropriate box. Explain as completely as you can what will happen if you do not get an order right away. Example: The person stalking you has threatened to follow you home and kill you. You know the person has a gun. B Stalking: Check the boxes showing what you need the court to do. Fill in the date and place you signed the petition. Sign and print your name. Confidential address: If you do not want to list your address, check the last box on page seven. Write in an address where you can reliably get mail. L. Temporary Protection Order and Notice of Hearing Respondent under Age 18 Harassment (TORAH18) UH Check with the court clerk, the facilitator, or your local domestic violence advocate before you start filling out this form. The judge in the county where you are filing may not want you to submit a proposed order. Fill this Order out only if it is okay to do so. Page 1: Fill in the caption. Next Hearing Date and Time: If neither the clerk nor judge fills this part in, you can. To the right of the caption, under Next Hearing Date and Time, put the information the clerk gives you. If you think the respondent needs a guardian ad litem, check the box under Warning to the Respondent. The judge will fill in the name of the guardian ad litem. If it is okay for you to fill out the proposed order, check all the boxes showing what you want the judge to order. If you check #3, a reasonable distance other people use is 1,000 feet, roughly the length of a swimming pool. If you check #4, write the name of the school the court will order the respondent to leave. Surrender of Weapons: Check this box if you asked the Court to order the respondent to surrender weapons. Page 2, third box: If you live outside city limits, print the name of the county where you live. Then check the box for the sheriff s office. If you live inside city limits, check the box next to Police Department. 18

21 8904EN Rev. 08/2014 Check the box showing whether the clerk or you are sending the paperwork to law enforcement. Check the correct box to show whether it is the Sheriff or the cops. If you are using a private server, check the box next to the first Or. DO NOT SIGN AND DATE THE ORDER. THE JUDGE DOES THAT. Print your name and the date under Presented by. M. Order for Protection Respondent under Age 18 Harassment (ORAH) WPF UH Check with the court clerk, the court facilitator, or your local domestic violence advocate first before you start filling out this form. Local practice varies by county. The judge in the county where you are filing may not want you to submit a proposed order. Fill this Order out only if it is okay to do so. Page 1: Fill in the caption. 1 - Read this. Check the box if you believe the court has jurisdiction. If you do not believe the court has jurisdiction, STOP. See a lawyer. 2 - Check the box that shows how you had the respondent served. Use other only if service was by mail or publication. 3 If you asked the court to order a guardian ad litem for the respondent, check this box. Wait until after the hearing to fill the rest of it out. Section that starts at bottom of page 1: Check all the boxes showing what you want the court to order. If you check the Stay Away box, check the boxes of the places you want the court to order the respondent away from. Write in the minimum number of feet you want the respondent to stay away from those places. (Example: A distance commonly used is 1,000 feet, roughly the length of a swimming pool.) Use the Pay Fees and Costs box if you want the respondent to pay you back for any costs of filing this case. Surrender of Weapons: Check the second box in this section if you want the court to order the Respondent to surrender his/her weapons. Otherwise, check the first box. WACIC Data Entry: If you live outside city limits, check and fill in the name of your county in the blank next to County Sheriff s office. If you live inside city limits, check 19

22 8904EN Rev. 08/2014 and fill in the name of your city or town next to Police Department. Fill out the rest of this section after the judge has ruled in your case. Page 3: This Antiharassment Protection Order expires on: Leave this for the judge to fill in. DO NOT DATE AND SIGN THE ORDER. THE JUDGE DOES THAT. Print your name and the date under Presented by. N. Return of Service Harassment (WPF UH ) Your server must complete a separate Return of Service for each party s/he serves. After your server has completed service and signed the Return of Service form(s), follow the instructions in this packet for filing it with the court. The court does not serve the Respondent. You must arrange for service and make sure your server delivers the papers properly. You cannot serve the papers on the Respondent yourself. Carefully follow the rules for service (see the section called Arranging for Service, below). If you do not do service properly, any court orders you get could be set aside. Caption. Fill out the caption. Paragraph 2. Write in the blank the name of the party you are having served. Read the list of forms. Check the box to the left of each form served on that party. Sometimes you must fill in a blank to describe a form. (Example: if you check the box after declaration, put the name of the person who wrote the declaration). If you had the other party served with any forms not listed, check the box marked other. Write in the names of those other forms. You MUST list all the forms that you had served on the other party. If you leave a form off your list, you will have no proof that the other party got it. Paragraph 3. The server should fill in the date, time (show a.m. or p.m.) and address where they served the papers. Paragraph 4. 20

23 8904EN Rev. 08/2014 If the server gave the papers directly to the other party, check the first box. If the server did abode service 2, check the second box. Put the name of the person to whom the server gave the papers. Paragraph 5. If your server included the Notice re: Dependent of a Member of a Person in Military Service form in the packet of papers served (we recommend that you have it served whenever the forms to be served include a summons), check the first box in this paragraph and the first box in the middle of the sentence. Put the date at the end of the paragraph. 3 If you did not have this form served, skip this paragraph. Paragraph 6. In the Other section, your server may write other information. Examples: Your server tries several times to serve the other party, but s/he is never home or cannot be found. The server should write the dates and times and descriptions of each time the server tried to serve the other party. If the server gave the papers to an adult living with the other party who would not give his/her name, the server should write what the person who received the papers looks like. Signature. The server should write the city and state where s/he signed the form, write the date, and sign where it says Signature and then print or type his/her name where it says Print or Type Name. Usually, only professional servers will use the box for fees and mileage. Staple a copy of the summons to the Return of Service. After your server fills out this form, s/he should give it to you for filing with the court. 2 We explain abode service in the instructions for personal service section. 3 The law allows for service of this notice later by mail. We do not have instructions for later service or for proving that you had the notice mailed. 21

24 8904EN Rev. 08/2014 Section 4: Arranging for service Do not serve the documents on the other parties yourself. Get someone over age 18 to serve the papers for you. Consider hiring a professional process server. If you can afford it, you should hire a professional process server or the sheriff to serve the papers for you. It usually costs $30-$80. Using a professional process server may be best. The sheriff may not be willing to try more than once to serve the Respondent if they are not at home when the sheriff tries to serve him/her. Process servers are in the yellow pages of the phone book. Ask an adult friend to be your process server. If you cannot afford a process server or the sheriff, any adult over age 18, who is not a party in the case and who has no mental disability making that person incompetent, may serve the papers for you. That person must understand how important it is to serve the papers and fill out the return of service form correctly. Give your server the envelope of papers you prepared for service on the other party, and: the other party s home and work address a physical description of the other party any other information that will help the server locate the other party for service Give your server a Return of Service form to fill out and return to you once service is complete. (Some process servers have their own Return of Service form that they will fill out and give you instead.) 22

25 8904EN Rev. 08/2014 Section 5: Getting Ready for and Going to Your Hearing The Respondent must respond in writing to your motion before the hearing. Check with the court clerk. Find out when the Respondent s response is due. If the Respondent sends no response: If the Respondent does not show up after not sending a response either, ask the judge to sign your proposed orders. See the section called Going to the Hearing, below and the checklists at the end of this publication. If the Respondent comes to the hearing despite sending no response, the judge will probably go forward with the hearing anyway. Be ready. If the Respondent sends a response, read it carefully. Be ready to tell the judge what you disagree with in the response. The respondent may not give you his/her response until the day of the hearing. If this happens, tell the judge. Ask the judge for more time to read the response and to prepare your own reply. You can ask for more time in one of two ways: You can ask for a brief recess (break) to review the response, if you feel you can simply reply orally to what is in the respondent s papers OR You can ask for a continuance. This means you are asking the court to reschedule the hearing. Do this if you need time to get evidence to bring to the court to rebut (argue against) the respondent s response. If you ask for a continuance, but the court will not allow it: ask the court to strike (disregard) the respondent s response, because you did not have proper notice to reply to it. A. Going to the Hearing If the Other Party Gets a Lawyer. If at any time before the hearing another party s lawyer contacts you or shows up at a hearing, you may decide to get a lawyer yourself. If so, tell the lawyer and the court that you need to postpone (continue) the hearing. Do not panic. The lawyer may ask you to sign some documents. Do not sign anything you do not understand. If the judge reschedules your hearing, ask him/her to sign a temporary order effective until the new hearing date. Prepare for the Hearing. Try to go to court before the day of your hearing and watch how the court generally does hearings. Try to make some notes to yourself about the main points you want to make when you have a chance to talk during the hearing. Get to Your Hearing Early. Dress neatly. Bring a pad of paper and black pen for writing notes. Bring your set of the papers and your copies of any papers the 23

26 8904EN Rev. 08/2014 other parties gave you in response. Do not bring your children. The judge usually will not let them sit in the courtroom. If you are not there on time, the court will cancel the hearing (or the respondent may win). When You Get to the Courtroom. Tell the person in charge in the courtroom (the clerk or bailiff) your name and your case name and number. Take a seat. Stand up when the judge walks in the room. When they call your case name, tell the court you are there. Remain in court until they call your case for hearing. Move forward when they tell you to. If your court allows you to submit proposed orders, now is the time to give the court the originals of your orders. Getting an Order. If the respondent does not appear, show the judge your Return of Service or Certificate of Mailing or Personal Delivery. Ask the judge to sign your orders. Tell the clerk or bailiff you need a copy of the orders. Presenting Your Case. If the other party shows up at the hearing, each of you will have a chance to tell your side of the case. Stand while speaking. Tell the judge briefly what you want and why. Try to keep your argument short. Only outline your main points. You may have only five minutes to speak. In most cases, the judge will have read your papers before the hearing. Do not repeat everything in your papers. Try to make notes to use at the hearing. DO NOT INTERRUPT THE JUDGE. Hearing the Judge s Decision. After the judge has heard both sides, s/he will decide on your requests. Listen carefully. Make notes. The judge may make changes to any orders you may have prepared. Usually the judge signs your court orders the day of your hearing. Some counties require the judge to sign them before the parties leave the courthouse. Find out beforehand what the local practice is in the county where you have filed. DO NOT LEAVE THE COURTHOUSE WITH, CHANGE OR DESTROYCOURT ORDERS THE JUDGE HAS SIGNED. If the clerk in the courtroom gives you the original orders the judge has signed, file them with the court clerk s office. Getting Copies of the Orders. You will need copies of the orders as signed by the judge. You need certified copies of any order with a safety restraint. (Get one certified copy for yourself, and one for each restrained party you need to serve.) Get conformed copies of other orders. Ask the clerk how to get the conformed and certified copies you need. Follow those instructions. o For certified copies, the clerk will need to make them and s/he may charge you a fee. (Example: $5 for the first page, $1 for every extra page.) o For conformed copies, 24

27 8904EN Rev. 08/2014 The clerk may allow you to take the original orders and make copies in the library or at the clerk s office. If the copies of proposed orders you brought to court are exactly the same as the orders the judge signed, the clerk may tell you to stamp those copies with the date filed stamp and the judge s signature stamp. If the judge signed the orders you presented, make sure all parties get copies of the orders showing the judge s signature as follows: o If your orders have no safety restraints, or if the respondent or his/her lawyer appeared and/or signed the orders, mail conformed (not certified) copies of the orders the judge signed to the other party/ies. Use the Certificate of Mailing or Personal Delivery procedure explained in our Filing a Motion for a Temporary Order packets. o Have the respondent personally served if all the following are true: the order includes safety restraints and you are the protected party neither the restrained party nor lawyer appeared for the hearing neither the restrained party nor lawyer signed the order You must serve a certified copy of the order if it has safety restraints. Conformed copies of any other orders will do. File a new Return of Service with the court showing service of these orders. Deliver a copy of the Return of Service to the law enforcement agency named in the order. 25

28 Worksheet for the Harassment and/or Stalking Petition There are several different kinds of protection orders. This worksheet is designed to help you complete a petition for Harassment Orders and/or Stalking Protection Orders. If you qualify for a Domestic Violence Protection order, this is not the correct form to complete. To help you figure out which order you may be able to get, read the 2 options in the table below. Each option generally describes harassment or stalking conduct. More than one option may apply: Option 1 (Harassment protection order) Harassment is a pattern of conduct that makes you feel annoyed, alarmed or distressed. Option 2 (stalking protection order) Stalking is conduct like harassment, following, or monitoring, that makes you feel intimidated, frightened, or threatened and occurs more than once. It may also involve cyberstalking which is transmitting threats or obscene words or pictures to or about you one or more times. You can find a complete definition of Harassment or Stalking at the end of this worksheet. You may be eligible for one or both of these orders. The court will determine which order best fits your situation. Your next step is to fill out the petition. In the petition, you will let the court know what protections you want and explain what the other party has done. If you think the conduct is harassment, then file your petition in this county if the harassment took place here OR if the person who committed the acts lives in this county. If you think the conduct is stalking, then file your petition in the county where you reside or where you fled to avoid the stalking contact. You can start your petition in District Court. The District Court will transfer your case to Superior Court, or You can start your petition in Superior Court instead of District Court If: 1. this case involves title or possession of real property, and the respondent claims an interest in that property such as ownership or right to occupy. 2. the order put limits on the respondent s care, custody, or control of his or her minor children. 3. you and the respondent are parties in a superior court case. 4a. you are alleging harassment by a respondent who is under the age of 18. 4b. you are alleging stalking and the petitioner, victim, or respondent is under the age of 18. Worksheet for Harassment/Stalking Petition Page 1 of 2 UHST (06/2014) RCW