Civil Protection Orders.
There are different types of civil protection orders that a court may issue to protect a person from the behavior of another. Separate types of protection orders exist for domestic violence, sexual assault, harassment, stalking, and vulnerable adult abuse. Also, a court may issue an extreme risk protection order to prohibit a person who poses a significant risk of harm to self or others from possessing, purchasing, accessing, or receiving a firearm.
Temporary Orders.
For most types of protection orders, where it appears that the respondent has engaged in conduct against the petitioner that serves as a basis for a protection order and the petitioner alleges that serious immediate harm or irreparable injury could result if an order is not issued immediately, the court may grant an ex parte temporary protection order, pending a full hearing. After a hearing, the court may issue a full protection order.
Service of the Order.
After a court grants an order, if service of the order by law enforcement is required, the court must forward the order and supporting materials to the relevant law enforcement agency before the next judicial day. The law enforcement agency must give precedence to serving the order over other documents that are not of a similar emergency nature. When personal service is required, the law enforcement agency must attempt to serve the order within 24 hours when practicable, but not more than five days after receiving the order.
Judicial Officer Training.
Judicial officers are encouraged to complete training on the unique nature of protection order proceedings, including evidence-based training on procedural justice, trauma-informed practices, gender-based violence dynamics, coercive control, elder abuse, juvenile sex offending, teen dating violence, and the requirements for the surrender of weapons. The trainings should be provided on an ongoing basis as best practices, research on trauma, and legislation continue to evolve.
Crimes of Domestic Violence.
A person arrested for an offense involving domestic violence must appear in front of a magistrate within one judicial day after arrest. If the defendant is released before arraignment or trial, the court may prohibit the defendant from having contact with the victim. In issuing the order, the court must consider ordering the defendant to surrender all firearms, dangerous weapons, or any concealed pistol license.
At arraignment, the court must determine whether a no-contact order should be issued or extended. In issuing the order, the court may order the defendant to immediately surrender all firearms and any concealed pistol license to law enforcement upon release. The court may also require the defendant to submit to electronic monitoring. Upon conviction, the defendant may be ordered to reimburse the agency that provides the electronic monitoring.
Surrender of Firearms or Dangerous Weapons.
Orders to Surrender Firearms or Dangerous Weapons.
A court may order a person to surrender firearms, dangerous weapons, or a concealed pistol license as part of a protection order or no-contact order. In some instances, such an order is mandatory. The order may last for any period of time up to the duration of the order.
Law enforcement must emphasize swift and certain compliance with court orders prohibiting access, possession, and ownership of all firearms. A law enforcement officer serving an order that includes the surrender of firearms, dangerous weapons, or a concealed pistol license must inform the respondent that the order is effective immediately, conduct a search as permitted by law, and take possession of all firearms, dangerous weapons, and any concealed pistol license belonging to the respondent that are surrendered, in plain sight, or discovered via lawful search.
Compliance Hearings.
A court must conduct a compliance hearing as soon as possible after receiving notice from enforcement of proof of service. At the hearing, the respondent must appear and provide proof of compliance with the court order. A compliance review hearing is not necessary if there is a sufficient showing (through attestation by the respondent, law enforcement verification, and other relevant evidence) that the person has timely and completely complied with the order.
A person in noncompliance with an order to surrender firearms, dangerous weapons, or a concealed pistol license is subject to contempt of court sanctions.
Timing of Surrender.
If the respondent was present at the hearing, the surrender must occur on the same day as the hearing. If the respondent was not present at the hearing, and personal service by a law enforcement officer is not possible, surrender must occur within 24 hours of alternate service. A party ordered to surrender firearms, dangerous weapons, or a concealed pistol license must file with the court proof of surrender and receipt or a declaration of non-surrender within five days of the entry of the order.
Notification.
Law enforcement agencies must develop a notification protocol that allows a family or household member or intimate partner to use an incident or case number to request to be notified when a law enforcement returns a privately owned firearm to the individual from whom it was obtained. The notification may be made by telephone, email, text message, or another method that allows notification to be provided without unnecessary delay. The notification must occur within one business day of a law enforcement agency determining the firearm must be returned. The law enforcement agency may hold the firearm in custody for 72 hours after the notification has been provided.
Residential Protections.
The Address Confidentiality Program.
The Address Confidentiality Program is a program through which a victim of domestic violence, sexual assault, trafficking, or stalking may apply to the Secretary of State to utilize an address designated by the Secretary of State in government records. The program may also be utilized by family members residing with the applicant.
Personal Financial Affairs Reporting for Government Officials.
Elected officials, certain appointed state officials, charter school directors, and professional staff in the Legislature and the Governor's office must file an annual statement of financial affairs with the Public Disclosure Commission, otherwise known as an F-1. Although a filer's residential address is not included on an F-1 form, the addresses of properties owned by the filer or a family member are included. Judges, prosecutors, sheriffs, and their immediate family members are allowed to provide alternate descriptions of real property on their F-1 forms.
Law Enforcement Training.
As part of the basic law enforcement curriculum, the Criminal Justice Training Commission (CJTC) must include at least 20 hours of training on the law enforcement response to domestic violence. The training must include material on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding that minimize the risk of officer injury and promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance and services for victims and children, verification and enforcement of court orders, and liability. The CJTC must also develop and update an in-service training program to familiarize law enforcement officers with domestic violence laws.
The Automated Notification Systems.
The Washington Association of Sheriffs and Police Chiefs (WASPC) operates the Statewide Automated Protected Person Notification System to automatically notify a registered person via the person's choice of telephone or email when a respondent subject to a court order has attempted to purchase or acquire a firearm and been denied based on a background check or transfer application that indicates the respondent is ineligible to possess a firearm under state or federal law. The WASPC also operates the Statewide Automated Victim Information and Notification System to notify a victim upon the occurrence of specified events involving an offender housed in any state, city, or county correctional facility.
Electronic Monitoring with Victim Notification Technology.
The Criminal Justice Training Commission (CJTC) must adopt rules on electronic monitoring with victim notification technology (EMVNT) by December 1, 2023. The CJTC must solicit input from courts, local governments, monitoring agencies, and statewide associations representing law enforcement leaders, prosecutors, domestic violence victims, and domestic violence agencies. The rules must:
The CJTC must also develop a model policy on EMVNT based on best practices where the technology is currently being used in Washington. Each law enforcement agency in the state must adopt its own policy based on the model policy.
Access to Legal Counsel.
By September 30, 2024, the Office of Civil Legal Aid (OCLA) must propose a plan to standardize and expand statewide access to civil legal assistance for survivors of domestic violence in protection order proceedings initiated in superior and district courts and in family law proceedings. The plan must focus on:
Subject to appropriated funds, the OCLA must coordinate with the Indian Policy Advisory Council and representatives of tribal justice systems to develop a plan and implementation schedule to provide indigenous-informed, culturally competent legal support to survivors in tribal court domestic violence protection proceedings. The OCLA must submit its plan to the Legislature by December 1, 2024.
Civil Proceedings.
Temporary Orders.
In any proceeding in which the court enters a temporary protection order that includes a temporary order to surrender and prohibit weapons, and after the hearing the court denies the petition for a full protection order, the order to surrender and prohibit weapons stays in effect during the period within which the petitioner may file a motion for reconsideration or revision. If the petitioner files such a motion, the order to surrender and prohibit weapons stays in effect until the motion is resolved.
The court must notify the petitioner verbally and provide the petitioner with written information at the hearing explaining the procedures and timelines for filing a motion for reconsideration or a motion for revision. The information must also include contact information for civil legal aid organizations that may assist the petitioner.
Service of the Order.
The first attempt at service of an order must occur within 24 hours unless an emergency situation renders service infeasible.
Judicial Officer Training.
The training that judicial officers are encouraged to complete must include material on domestic violence homicide prevention and best practices for the surrender of weapons. The Administrative Office for the Courts (AOC) must develop training in all required topics, which must be provided free of charge to judicial officers.
Crimes of Domestic Violence.
In a domestic violence proceeding, a court may not deny a no-contact order based on the existence of an applicable civil protection order preventing the defendant from contacting the victim. If a defendant enters into a deferred prosecution or stipulated order of continuance, the applicable order or agreement may require the defendant pay the costs of electronic monitoring.
Surrender of Firearms or Dangerous Weapons.
Criminal Sentencing.
In any criminal proceeding, when determining conditions of release, a judicial officer must consider the defendant's firearms history.
Compliance Hearings.
Prosecutors may submit written information for purposes of verifying compliance with an order to surrender firearms or dangerous weapons. If the court finds that a person is in noncompliance with an order to surrender firearms or dangerous weapons, it may issue an arrest warrant.
Timing of Surrender.
A person ordered to surrender firearms, dangerous weapons, or a concealed pistol license as part of a criminal proceeding must file with the court proof of surrender and receipt or a declaration of non-surrender prior to release from confinement or before the conclusion of the hearing, instead of within five days.
Notification.
Subject to appropriated funds, the Washington Association of Sheriffs and Police Chiefs (WASPC) must create and maintain an electronic portal for law enforcement to enter when any respondent identified in a no-contact order, restraining order, or protection order has met the requirements to be notified when a surrendered firearm is returned. The portal must collect the respondent's name, date of birth, protective order number, and date the respondent is eligible to have the respondent's firearms returned. Once the portal is available, law enforcement must utilize it prior to returning a firearm.
Prosecutors may submit written information for purposes of verifying compliance.
Residential Protections.
Domestic Violence Proceedings.
In a domestic violence action, the ability for a court to reveal the location of the victim to the attorney of the defendant is eliminated.
The Address Confidentiality Program.
The Address Confidentiality Program is expanded to include all persons residing with the applicant.
Personal Financial Affairs Reporting for Government Officials.
The type of individuals who are allowed to provide alternate descriptions of real property on their personal financial affairs forms are expanded to include participants in the Address Confidentiality Program.
Statewide Resource Prosecutor.
Subject to appropriated funds, the CJTC must administer a grant program to establish a statewide resource prosecutor for domestic violence cases. The grant recipient must be a statewide organization or association representing prosecuting attorneys. The grant recipient must hire a resource prosecutor to:
The CJTC may establish additional appropriate conditions for the grant and may adopt necessary policies and procedures to implement and administer the grant program, including monitoring the use of grant funds and compliance with grant requirements.
Domestic Violence High-Risk Teams.
Subject to appropriated funds, the Department of Commerce must administer a pilot program to implement domestic violence high-risk teams. A domestic violence program must be the lead or co-lead of the high-risk teams. The high-risk teams must include:
Law Enforcement Training.
The domestic violence training that is part of the basic law enforcement curriculum is expanded to include domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, best practices for implementation and enforcement of orders to surrender and prohibit weapons and extreme risk protection orders, the impacts that trauma may have on domestic violence victims, and understanding the risks of traumatic brain injury posed by domestic violence. Additionally, the investigation and interviewing skills that are part of the training must be trauma-informed.
The in-service training program is expanded to include training on domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to, and services for, victims and children.
Subject to appropriated funds, the CJTC must provide ongoing specialized, intensive, and integrative training for persons responsible for investigating domestic violence cases involving intimate partners. The training must be based on a victim-centered, trauma-informed approach to responding to domestic violence. Among other subjects, the training must include content on the neurobiology of trauma and trauma-informed interviewing, counseling, and investigative techniques.
The training must:
In developing the training, the CJTC must seek advice from the Washington Association of Sheriffs and Police Chiefs, organizations representing victims of domestic violence, and experts on domestic violence and the neurobiology of trauma. The CJTC must consult with the Washington Association of Prosecuting Attorneys in an effort to design training containing consistent elements for all professionals engaged in interviewing and interacting with domestic violence victims in the criminal legal system.
The CJTC must develop the training and begin offering it by January 1, 2025. Officers assigned to regularly investigate domestic violence must complete the training within one year of being assigned or by July 1, 2026, whichever is later.
Statewide Automated Notification Systems.
The AOC must work with the WASPC to develop and maintain an interface to the Statewide Automated Victim Information and Notification System and the Statewide Automated Protected Person Notification System. The statewide automated protected person notification system must interface with the Washington State Patrol, the AOC, and any court not contributing data to the AOC in real time.
The Senate amendment:
(In support) Victims of domestic violence often live in terror. Perpetrators have no problem finding legal assistance, but victims find it difficult to find attorneys. Obtaining a protection order can be expensive. Transmission of orders can be delayed because of holidays. Washington's toughness on domestic violence ends after the arrest, but the arrest is only the tip of the iceberg.
Protection orders are not force fields. Perpetrators violate protection orders all the time and inflict horrific violence, causing victims to flee. All that time, the perpetrator is free to terrorize, while the victim is hiding for his or her life.
Certain regions of the state have high rates of domestic violence. Rates of domestic violence increased due to COVID-19. The presence of a gun drastically increases lethality. Domestic violence leads to children with adverse childhood experiences, which can have long-term effects.
This bill is the most thorough, original, and comprehensive legislation out there on domestic violence. It plugs the holes and offers new tools to hold people accountable. The bill will make domestic violence prevention a priority in Washington and will help build the needed safety net.
The electronic monitoring provisions will help victims get their lives back by containing perpetrators. Perpetrators can be excluded from zones and the victim can be notified when the zones are violated. Electronic monitoring is the most effective way to prevent homicide and gives victims and their families peace of mind.
The domestic violence hotline and lethality assessments are the most exciting part of this bill. Lethality assessments are already being used in Washington, but inconsistently. Centralizing how they should be used in court rule is a good idea. Lethality assessments are also being used in other states. The assessments are developed by researchers and professors and identify highest-risk victims. This can be done at the scene. The assessment informs all of the other parts of the system, including electronic monitoring. The high-risk teams are an essential part of this bill.
Almost all domestic violence survivors have to navigate the system alone and face civil legal problems. Abusers misuse the civil legal system to maintain control over the victim. Victims also face economic issues caused by the perpetrator. More civil attorneys are needed for victims. Legal assistance is necessary to enforce the laws the state has enacted.
The Center of Excellence at the University of Washington is an important part of this bill. Research is critical. Effective treatment methods should be explored and should be payable by insurance.
This bill is not perfect, but the intent is. The bill is a good first step. There are constitutional and staffing concerns with the firearms provisions.
(Opposed) None.
(Other) There should be a comprehensive and robust discussion of these issues. Many of the provisions of the bill can be improved upon. The notification requirements and processes in the bill should be streamlined within law enforcement resources.
(In support) Our domestic violence system is thoroughly broken. The challenge that many survivors and their children encounter is that many shelters are full or there is a long waitlist, or the entire process is complicated. This bill works to close gaps in a system that creates incredible injustices that leaves many survivors to fall through the cracks. There are approximately 61,000 crimes of domestic violence that annually occur in Washington. There are over 20,000 individuals that petition for civil court protection every year. Of the total number of women that are murdered by a domestic partner, only 4 percent were engaged in a community-based agency.
One provision of this bill attempts to addresses the systemic lack of necessary legal assistance for domestic violence survivors who are forced daily to navigate the protection order system alone. It is not usual that perpetrators charged with domestic violence crimes receive court appointed counsel. However, the vast majority of their victims stand before the court without the necessary legal help to secure protection for themselves when they are most vulnerable.
This bill incorporates the best practices available nationally and takes them to a new level, especially in its response to lethality. A lethality assessment in all domestic violence cases is the first step in saving lives and improving the system. The next import step is having cases handled by a high-risk team.
(Opposed) The intent behind this bill is good but the logic behind the Domestic Violence Lethality Hotline seems to be that the lack luster response to domestic violence by police, prosecutors, and the judiciary is because they just do not know it can be dangerous. That is not the case. There is fear this law will result in minimalizing cases that do not appear to be potentially lethal thus endangering victims who seek help from police before things get deadly.
People commonly believe the safest response to domestic violence is to get abusers prosecuted and grant survivors a protection order. Although this may help some, these actions can also lead to an increase in lethality. Rather than relying on law enforcement and the criminal justice system, what survivors need the most is to make family law more equitable. In addition, survivors want and need their partners to continue to be productive community members, they just want the violence to stop.
Domestic violence advocacy programs already do a great job in helping survivors understand their risk and plan for their safety every day. However, Washington has not increased funding for victim services in over 20 years. As a result, domestic violence agencies are struggling and overwhelmed with clients. Sustainable funding is needed for high-trauma services. The expensive mandates on law enforcement and other systems proposed in this bill is not the answer. This bill would also be difficult to implement in small rural communities.
The most effective domestic violence laws are rooted in collaboration among stakeholders, policy makers, and those who will be most impacted by implementation such as survivors. This bill would further deplete existing services and resources. The current fiscal note is grossly understated.
(Other) Domestic violence cases are difficult, complex cases and there is support for a comprehensive and robust discussion in how to protect victims of violence. Furthermore, there is a provision in the bill that provides a statewide resource prosecutor to handle matters dealing with domestic violence. A statewide resource prosecutor would provide a bridge between the training law enforcement receive and the in- court experiences of prosecutors. It would also provide a bridge to manage some of the technology that is currently available and some of the victim notification pieces. This is a resource and a model that is used across the country. However, there are several provisions in the bill that can still be improved upon.