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Washington Motion To Modify-Terminate Sexual Assault Protection Order

State:
Washington
Control #:
WA-SKU-2967
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Description

Motion To Modify-Terminate Sexual Assault Protection Order
Washington Motion To Modify-Terminate Sexual Assault Protection Order is a legal motion in Washington State that allows a person to modify or terminate an existing sexual assault protection order. There are two types of motions: Motion to Modify and Motion to Terminate. A Motion to Modify is filed when the petitioner seeks to change the terms of the protection order, such as changing the duration, scope, or restrictions. A Motion to Terminate is filed when the petitioner seeks to end the protection order altogether. Both motions must be filed in the superior court of the county where the protection order was issued, and require the petitioner to provide reason for the modification or termination. Both motions must be served on the respondent, who may oppose the motion in court. The court will then review the motion and decide whether to modify or terminate the protection order.

Washington Motion To Modify-Terminate Sexual Assault Protection Order is a legal motion in Washington State that allows a person to modify or terminate an existing sexual assault protection order. There are two types of motions: Motion to Modify and Motion to Terminate. A Motion to Modify is filed when the petitioner seeks to change the terms of the protection order, such as changing the duration, scope, or restrictions. A Motion to Terminate is filed when the petitioner seeks to end the protection order altogether. Both motions must be filed in the superior court of the county where the protection order was issued, and require the petitioner to provide reason for the modification or termination. Both motions must be served on the respondent, who may oppose the motion in court. The court will then review the motion and decide whether to modify or terminate the protection order.

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FAQ

The court order you have likely been served within Washington state is often called a protection order or a restraining order. The order can force you from your home and prohibit you from making contact with the protected party.

A person charged with a No Contact Order violation in Washington State is exposed to a gross misdemeanor. A conviction can carry a maximum penalty of 364 days in jail, loss of gun rights, and a $5000 fine.

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.

Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.

Penalties for Protection Order Violations in Washington: Violation of a protection order is usually considered a gross misdemeanor, which RCW §9A. 20.021 defines as punishable by up to one year in jail, a maximum fine of $5,000, or both. In addition to these penalties, RCW §26.50.

Duration of order: Stalking Protection Order: 14 days for a temporary order; Stalking Protection Order duration is then determined by the court for a fixed period of time or permanent. Stalking No-Contact Order: 5 years for a final Stalking No-Contact Order.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.

Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.

More info

Yes. The court may not modify an order that is effective for more than two years unless the respondent proves that the modification is warranted.(1) Upon a motion with notice to all parties and after a hearing, the court may modify the terms of an existing protection order or terminate an existing order. The Court has prepared a Protection Order Notice to NCIC (Form 10-A) to show the modification or early termination of the prior order or agreement. To ask to end the order, fill out and give the court a Motion to Modify or Terminate Order for Protection. As long as a protective order hasn't expired, you can ask the court to modify or change it. That includes asking to rescind or extend it. Motion to Modify, Extend, or Terminate Personal Protection Order. As long as a protective order hasn't expired, you can ask the court to modify or change it. That includes asking to rescind or extend it.

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Washington Motion To Modify-Terminate Sexual Assault Protection Order