Domestic Violence No-Contact Order (Misdemeanor)
As indicated above, insert “(Misdemeanor)” below the form
title in the right side of the caption. This change clarifies that the
no-contact order is for use in misdemeanor and gross misdemeanor cases.
Change the superior court docket code from “ORPRT” to
“ORNC” in the caption and in the footer.
In the text of the form, insert “1.” in front of the first
paragraph and insert the following phrase before “the court finds…:”
“Based upon the certificate of
probable cause and/or other documents contained in the case record, testimony,
and the statements of counsel,...”
Insert the following as the new paragraph 2:
2. The court further finds that
the defendant’s relationship to a person protected by this order is:
current or former spouse parent of a
common child current or former cohabitant as intimate partner other family or household member as defined in
RCW 10.99.
The check box finding regarding a pretrial order is
changed from:
This is a pretrial order prohibiting possession of firearms or other dangerous
weapons and the court makes the findings pursuant to RCW 9.41.800.
to:
3.
(Pretrial order) The court makes the following findings pursuant to RCW 9.41.800: the defendant used, displayed, or threatened
to use a firearm or other dangerous weapon in a felony; the defendant previously committed an offense
that makes him or her ineligible to possess a firearm under the provisions of
RCW 9.41.040; or possession of a
firearm or other dangerous weapon by the defendant presents a serious and
imminent threat to public health or safety, or to the health or safety of any
individual.
After “IT IS ORDERED THAT,” the existing restraint
provisions are listed as “A.” through “C.” The following new restraint
provisions are added:
D. (Pretrial RCW 9.41.800 findings made)
Obtaining or possessing a firearm, other dangerous weapon or concealed pistol
license.
(Conviction
of offense listed in RCW 9.41.040(2)) Obtaining, owning, possessing, or
controlling a firearm.
After the restraint provisions in “D,” and immediately
above the pretrial order regarding surrender of firearms, insert the
following new heading: “IT IS FURTHER ORDERED THAT:”
Change the pretrial order to:
[ ] (Pretrial
order) The defendant shall immediately surrender all firearms and other
dangerous weapons within the defendant’s possession or control and any
concealed pistol license to: _____________________ [name/law enforcement
agency].
In the fourth paragraph in the “Warnings to the
Defendant,” insert the following phrase after “…an opportunity to
participate, the defendant,” and before “may not possess:”
“…if a spouse or former spouse, a parent of a common
child, or a current or former cohabitant as intimate partner of the person(s)
protected by this order,…”
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