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Uniform Policy - Domestic Violence-4th Degree Assault Cases Form. This is a Washington form and can be use in Kitsap Local County.
Tags: Uniform Policy - Domestic Violence-4th Degree Assault Cases, Washington Local County, Kitsap
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. KITSAP COUNTY DISTRICT :COURT JUDICIAL Plaintiff(s) -against- SUBPOENA : UNIFORM POLICY: : DOMESTIC VIOLENCE / 4TH DEGREE ASSAULT CASES : THIS POLICY HAS BEEN ADOPTED BY THE KITSAP COUNTY DISTRICT COURT AS Defendant(s) : . . . . . EVIDENCE .OF .THIS COURT'S .RECOGNITION. THAT. DOMESTIC VIOLENCE IS A SERIOUS ......... .. ............ ............ .... ..... CRIME COMMITTED AGAINST ANOTHER PERSON AND REQUIRES SPECIFIC ACTION. THIS COURT RECOGNIZES THE IMPORTANCE AND ENCOURAGES THE INVOLVEMENT OF THE VICTIM IN THIS TYPE OF CASE. THE PEOPLE OF THE STATE OF NEW YORK IN CUSTODY OR AT ARRAIGNMENT: TO 1. 2. Efforts will be made to obtain the presence of the victim or information from the victim. Treatment/ support resources will be made available, but not required of either the victim or the defendant. 3. Contact with the victim is usually prohibited to ensure the safety of the victim, unless/ until the GREETINGS: victim interviews with the probation staff and there is a hearing to determine if this condition is no longer necessary. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed SENTENCING STANDARDS: or adjourned date, to testify and not occur without a witness in this police report by the state, a review of the give evidence as a reading of the action on the part of the 1. Sentencing will defendant's criminal history, and information from the victim either in person, writing, or through the prosecutor's office. 2. Deferred sentences are not favored and shall only be granted under extraordinary circumstances. Your failure to comply with this subpoena is time of the assault regardlesscourt and will make you liable to 3. The presence of minor children at the punishable as a contempt of of whether they were the party on whose behalf assaulted will be considered as an aggravating circumstance in all damages sustained as a physically this subpoena was issued for a maximum penalty of $50 and the sentencing process. result of4. your failure Court will sentence in accordance with WAC 388-60 which requires a one (1) year Domestic The to comply. Violence Perpetrators treatment program as provided by a state certified program and staff. This treatment IS NOT anger management. It focuses on the power and control issues that distinguish Witness, Honorable , one of the Justices of the domestic violence. Court in5. County, day of , 20 If the offense was committed after having consumed alcohol/ other drugs, the court shall consider the following: (a) A referral for evaluation of chemical abuse or addiction and completion of any treatment as recommended. (Attorney must sign above and type name below) (b) Ordering the defendant to be abstinent from the use of alcohol/ drugs during the period of the probation and treatment. 6. Most defendants will be placed on active probation for a minimum of two (2) years. A review hearing can be set at 6 months for review of compliance. Probation might request early release Attorney(s) for from active supervision if treatment is completed and all other conditions of the Order have been satisfied. 7. A Pre-Sentence report might be considered if the offense involved any of the following elements: (a) a child victim; (2) a weapon; (3) injuries to the victim that required hospitalization/ medical attention. Office and P.O. Address 8. It is strongly encouraged that in ALL cases the defendant's right to possess a firearm is denied pursuant to RCW 9.41.040. 9. The No Contact Order will not be reconsidered until the victim has completed an interview with the designated probation staff and a report of the safety issuesNo.: current circumstances of the Telephone and relationship are forwarded to the Court. Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com