Can I file for a civil anti-harassment order for my minor child against an abuser who is a minor?
Maybe. A parent or guardian of a minor child (under 18) may file a petition for a civil anti-harassment order against a minor abuser (under 18) in superior court only in cases where the abuser has been to court for a crime against the victim or is/was under investigation for a crime.
When determining whether to issue a civil anti-harassment order against a minor, the judge will consider:
- the facts of the case;
- how serious the alleged offense is;
- any continuing physical danger or emotional distress (harm) to the victim; and
- the expense, difficulty, and educational disruption that would be caused by a transfer of the abuser to another school.
The court may order that the abuser not attend the public or approved private school attended by the victim. If the court does order a transfer of the abuser, the parents or legal guardians of the abuser are responsible for the costs, including transportation, associated with the change in school. The court will notify both the school the abuser will attend and the school the victim attends about this part of the order.1
1 R.C.W. § 10.14.040(7)