Roake v. Delman

This case involved interpretation of chapter 7.90 RCW, the Sexual Assault Protection Order (SAPO) Act. In this case, the commissioner granted petitioner Megan Roake's temporary SAPO, and it was served. Respondent Maxwell Delman moved to dismiss, challenging both the assertion of nonconsensual assault and the claim of reasonable fear of future dangerous conduct. At the later hearing, the trial court dismissed the petition, holding that Roake's petition was legally insufficient because the petition failed to allege a reasonable fear of future dangerous acts. Roake appealed the dismissal, and the Court of Appeals reversed and remanded. The Court of Appeals held that the final order statute, RCW 7.90.090, did not require proof of a reasonable fear of future dangerous acts. It further held that the SAPO Act provided no basis for considering the validity of the temporary order in determining whether to grant a final protection order. The Washington Supreme Court reversed, holding that RCW 7.90.130(2)(e) provided the procedure and opportunity to contest the sufficiency and validity of the petition and temporary order, and that the trial court correctly held that Roake's petition was legally insufficient under RCW 7.90.020(1). View "Roake v. Delman" on Justia Law