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7.90.080  <<  7.90.090 >>   7.90.100

RCW 7.90.090

Burden of proof — Issuance of protection order — Remedies — Violations.

(1)(a) If the court finds by a preponderance of the evidence that the petitioner has been a victim of nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent, the court shall issue a sexual assault protection order; provided that the petitioner must also satisfy the requirements of RCW 7.90.110 for ex parte temporary orders or RCW 7.90.120 for final orders.

     (b) The petitioner shall not be denied a sexual assault protection order because the petitioner or the respondent is a minor or because the petitioner did not report the assault to law enforcement. The court, when determining whether or not to issue a sexual assault protection order, may not require proof of physical injury on the person of the victim or proof that the petitioner has reported the sexual assault to law enforcement. Modification and extension of prior sexual assault protection orders shall be in accordance with this chapter.

     (2) The court may provide relief as follows:

     (a) Restrain the respondent from having any contact, including nonphysical contact, with the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order;

     (b) Exclude the respondent from the petitioner's residence, workplace, or school, or from the day care or school of a child, if the victim is a child;

     (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

     (d) Order any other injunctive relief as necessary or appropriate for the protection of the petitioner.

     (3) In cases where the petitioner and the respondent are under the age of eighteen and attend the same public or private elementary, middle, or high school, the court, when issuing a protection order and providing relief, shall consider, among the other facts of the case, the severity of the act, any continuing physical danger or emotional distress to the petitioner, and the expense difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. The court may order that the person restrained in the order not attend the public or approved private elementary, middle, or high school attended by the person under the age of eighteen protected by the order. In the event the court orders a transfer of the restrained person to another school, the parents or legal guardians of the person restrained in the order are responsible for transportation and other costs associated with the change of school by the person restrained in the order. The court shall send notice of the restriction on attending the same school as the person protected by the order to the public or approved private school the person restrained by the order will attend and to the school the person protected by the order attends.

     (4) Denial of a remedy may not be based, in whole or in part, on evidence that:

     (a) The respondent was voluntarily intoxicated;

     (b) The petitioner was voluntarily intoxicated; or

     (c) The petitioner engaged in limited consensual sexual touching.

     (5) Monetary damages are not recoverable as a remedy.

     (6) A knowing violation of a court order issued under this section is punishable under RCW 26.50.110.

[2006 c 138 § 10.]