VAPO – Vulnerable Adult Protection Order – Part 2

stalking

Abuse of Vulnerable Adults – RCW 74.34 refers to “abandonment, abuse, financial exploitation and neglect” as the types of actions that vulnerable adults may need protection from.

This law does not address the fact that vulnerable adults are at the same risk, if not higher risk, of being stalked and harassed by predators.   As a vulnerable adult, there is no protection under Washington State law to protect a vulnerable adult from the abuse of stalking or harassment.  These actions are not included in the definition of “abuse” as written in RCW 74.34.  The definition of abuse is left open to interpretation and is not specific in naming stalking or harassment as forms of abuse.

We propose that language which defines stalking and harassment be

included into RCW 74.34 so that our Vulnerable Adults have the same

protections against predators available to them as every other citizen

in our state. 

As a review, please read the issues that led to my discovery of this critical omission in our law.  I have written a “short synopsis” of the issues that transpired in the post linked here as VAPO – Vulnerable Adult Protection Order – Part One.

We had an emergency protection order in place (which Kathy violated several times) but at the court hearing to finalize the order, the Judge would not sign it because “abandonment, abuse, financial exploitation or neglect” did not occur.  The Judge was clearly disturbed by Kathy’s actions and also agreed that Thomas needed protection – but the Judge said the way the law was written, he could not legally sign the order.

This also brought up the problem of the interpretation of abuse.  What I consider “abuse” to Thomas would not necessarily be abuse to me or any other adult.  It is individualized, and in this situation, the actions were abusive to Thomas.  But without knowing Thomas, the Judge would not be able to understand how extremely distressed some actions of others make him.

This is how we came to the point we are at now – we need to have a sponsor in our Washington State Legislature for this amendment to RCW 74.34.  We have a draft that was prepared by former Senator Maralyn Chase but unfortunately, she was not re-elected for 2019.   Bill Request for Revision to VAPO

Please – contact your legislators regarding this critical issue.  My senator is unable to sponsor this since he has already over-committed but will support any amendment which addresses this.

RCW 74.34.110

Protection of vulnerable adults—Petition for protective order.

An action known as a petition for an order for protection of a vulnerable adult in cases of abandonment, abuse, financial exploitation, or neglect is created.

The critical piece that is missing is that this RCW does not include protection or restraints from stalking or harassment (as defined in RCW 9A.46.110  – text of this RCW below) 

(1) A vulnerable adult, or interested person on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, or the threat thereof, by filing a petition for an order for protection in superior court.
(2) A petition shall allege that the petitioner, or person on whose behalf the petition is brought, is a vulnerable adult and that the petitioner, or person on whose behalf the petition is brought, has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect by respondent.
(3) A petition shall be accompanied by affidavit made under oath, or a declaration signed under penalty of perjury, stating the specific facts and circumstances which demonstrate the need for the relief sought. If the petition is filed by an interested person, the affidavit or declaration must also include a statement of why the petitioner qualifies as an interested person.
(4) A petition for an order may be made whether or not there is a pending lawsuit, complaint, petition, or other action pending that relates to the issues presented in the petition for an order for protection.
(5) Within ninety days of receipt of the master copy from the administrative office of the courts, all court clerk’s offices shall make available the standardized forms and instructions required by RCW 74.34.115.
(6) Any assistance or information provided by any person, including, but not limited to, court clerks, employees of the department, and other court facilitators, to another to complete the forms provided by the court in subsection (5) of this section does not constitute the practice of law.
(7) A petitioner is not required to post bond to obtain relief in any proceeding under this section.
(8) An action under this section shall be filed in the county where the vulnerable adult resides; except that if the vulnerable adult has left or been removed from the residence as a result of abandonment, abuse, financial exploitation, or neglect, or in order to avoid abandonment, abuse, financial exploitation, or neglect, the petitioner may bring an action in the county of either the vulnerable adult’s previous or new residence.
(9) No filing fee may be charged to the petitioner for proceedings under this section. Standard forms and written instructions shall be provided free of charge.
So even though the issues of stalking, harassment

RCW 74.34.130

Protection of vulnerable adults—Judicial relief.

While under the RCW, it is written that the court may order protection for vulnerable adults and restraining of the respondent from acts or actions which could be defined as stalking/harassment, it is not clearly defined.  This leaves the vulnerable adult in a precarious position which is not clearly defined by Washington State Law. 

The court may order relief as it deems necessary for the protection of the vulnerable adult, including, but not limited to the following:
(1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation against the vulnerable adult;
(2) Excluding the respondent from the vulnerable adult’s residence for a specified period or until further order of the court;
(3) Prohibiting contact with the vulnerable adult by respondent for a specified period or until further order of the court;
(4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;
(5) Requiring an accounting by respondent of the disposition of the vulnerable adult’s income or other resources;
(6) Restraining the transfer of the respondent’s and/or vulnerable adult’s property for a specified period not exceeding ninety days; and
(7) Requiring the respondent to pay a filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney’s fee.
Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed five years. The clerk of the court shall enter any order for protection issued under this section into the judicial information system.

RCW 9A.46.110

Stalking.

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
(2)  (a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this                  section that the stalker was not given actual notice that the person did not want         the stalker to contact or follow the person; and
       (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this                 section that the stalker did not intend to frighten, intimidate, or harass the                     person.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165RCW.
(4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. “Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.
(5)   (a) Except as provided in (b) of this subsection, a person who stalks another                   person is guilty of a gross misdemeanor.
(b) A person who stalks another is guilty of a class B felony if any of the following applies:
(i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a protective order;
(ii) the stalking violates any protective order protecting the person being stalked;
(iii) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person;
(iv) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking the person;
(v)
(A) the stalker’s victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections’ officer; an employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and
(B) the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or
(vi) the stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.
(6) As used in this section:
(a) “Correctional agency” means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services.
(b) “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
(c) “Harasses” means unlawful harassment as defined in RCW 10.14.020.
(d) “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
(e) “Repeatedly” means on two or more separate occasions.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s