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Denial Order DV 6.020 - Washington

Denial Order Form. This is a Washington form and can be used in Domestic Violence Statewide .
 Fillable pdf Last Modified 2/10/2012
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Court of Washington For No. ______________________ Denial Order Domestic Violence Antiharassment Vulnerable Adult Sexual Assault (Optional Use) (ORDYMT) Clerk's Action Required Next Hearing Date/Time:___________ At:_____________________________ _______________________________ _________________________________________ Petitioner (Protected Person) vs. _________________________________________ Respondent (Restrained Person) This Matter having come on for hearing upon the request of the moving party, for a Temporary Order Full Order Renewal Modification Termination Order and the Court Finding: Petitioner Respondent did not appear. Petitioner requested dismissal of petition. No notice of this request has been made or attempted to the vulnerable adult opposing party. This order materially changes an existing order, necessitating a hearing on notice. The petitioner has failed to demonstrate that there is sufficient basis to enter a temporary order without notice to the vulnerable adult opposing party. The order submitted has not been completed or certified upon penalty of perjury. The domestic violence protection order petition does not list a specific incident and approximate date of domestic violence. The antiharassment protection order petition does not list specific incidents and approximate dates of harassment. The sexual assault protection order petition does not list a specific incident and approximate date of nonconsensual sexual contact or nonconsensual sexual penetration. The vulnerable adult protection order petition does not list specific incidents and approximate dates of abandonment, abuse, neglect, or financial exploitation of an alleged vulnerable adult. The petitioner has not posted bond or other security as ordered by the court for the issuance of a temporary vulnerable adult protection order. The vulnerable adult protection order petition does not demonstrate that the petitioner is an "interested person" under the definition as stated in RCW 74.34.020(9). Denial Order (ORDYMT) - Page 1 of 3 WPF DV-6.020 (07/2011) - RCW 26.50, RCW 10.14, RCW 74.34 American LegalNet, Inc. www.FormsWorkFlow.com A preponderance of the evidence has not established that there is domestic violence. A preponderance of the evidence has not established that there has been harassment. A preponderance of the evidence has not established that there has been nonconsensual sexual contact or nonconsensual sexual penetration. A preponderance of the evidence has not established that there has been abandonment, abuse, neglect, or financial exploitation of an alleged vulnerable adult. For a temporary sexual assault protection order, reasons for denial of the order are: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________. For Respondent's motion to modify or terminate a domestic violence Order for Protection effective longer than two years, A preponderance of the evidence failed to establish that: the modification is warranted. for a modification to shorten the duration or remove restrictions against domestic violence acts or threats, or for termination, there has been a substantial change of circumstances such that the respondent is unlikely to resume acts of domestic violence against the petitioner or other persons protected in the order, to wit: since the protection order was entered, the respondent has committed or threatened domestic violence, sexual assault, stalking, or other violent acts; has exhibited suicidal ideation or attempts; has been convicted of criminal activity; neither acknowledged responsibility for the acts of domestic violence that resulted in entry of the protection order nor successfully completed domestic violence perpetrator treatment or counseling; the respondent has continued to abuse drugs or alcohol, if such was a factor in the protection order. the petitioner has has not voluntarily and knowingly consented to terminating the protection order the respondent or petitioner moving further away from the other party will stop acts of domestic violence. other:___________________________________________________________________________. the respondent proved that there has been a substantial change of circumstances; however, the court declines to terminate the Order for Protection because the acts of domestic violence that resulted in the issuance of the Order for Protection were of such severity that the order should not be terminated. Other:_____________________________________________________________________. Having entered the above Findings, It is Ordered: The request to waive the filing fee is denied. The request for a temporary order is denied and the case is dismissed. The request for a temporary order is denied; it may be re-submitted when the above identified problems have been resolved. The request for a full order is denied, and the petition is dismissed. Any previously entered temporary order expires at ______________.m. today. The request to modify or terminate the order dated __________is denied. The request for a temporary order is denied and the clerk is directed to set a hearing on the petition. The request before the court is denied, provided that it may be renewed after notice has been provided to the vulnerable adult opposing party according to the Civil Rules. This proceeding shall be consolidated with ___________________________ County Denial Order (ORDYMT) - Page 2 of 3 WPF DV-6.020 (07/2011) - RCW 26.50, RCW 10.14, RCW 74.34 American LegalNet, Inc. www.FormsWorkFlow.com Cause No. ________________________. The parties are directed to appear for a hearing as shown on page One. The moving party shall make arrangements for service of the petition/motion and this order on ________________________________________________________________________ via law enforcement professional process server an adult 18 or older who is not a party to the case. A Return of Service shall be filed with the clerk at or before the hearing. Failure to Appear at the Hearing May Result in the Court Granting All of the Relief Requested in the Petition or Motion. This order is dated and signed in open court. Date: Copy Received: /Time Judge/Commissioner Copy Received: Petitioner Date Respondent Date Denial Order (ORDYMT) - Page 3 of 3 WPF DV-6.020 (07/2011) - RCW 26.50, RCW 10.14, RCW 74.34 American LegalNet, Inc. w
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