Washington Protection Orders.
Washington law allows residents to petition a court to seek protection from harmful or threatening behavior via several types of civil protection orders. These protection orders are divided into six categories: domestic violence protection orders; sexual assault protection orders; stalking protection orders; vulnerable adult protection orders; extreme risk protection orders; and anti-harassment protection orders.
A court may issue a temporary protection order or a full protection order. Temporary protection orders are orders that are issued before the court has decided whether to issue a full protection order, and may be issued without prior notice to the respondent. Full protection orders are orders issued after notice has been provided to the respondent, and the parties have had the opportunity for a full hearing before the court, or the parties have agreed to resolve the petition without a hearing. When entering a full protection order, a court may grant relief to the petitioner for a fixed period of time or on a permanent basis, though there are statutory limits on the duration of orders that would prohibit the respondent from contacting their minor children.
When entering a protection order, a court may grant broad relief to protect the petitioner, including: restraining a respondent from having contact with or threatening another person, including minor children; excluding the respondent from certain locations or from coming within a specified distance of certain locations; and prohibiting the respondent from harassing, following, or monitoring the petitioner.
Existing Hope Card Programs.
Several states have implemented programs, whether by statute or agency action, that provide wallet-sized cards displaying certain information about a protection order to the recipient of the order. These states include Oregon, Idaho, Montana, Illinois, Indiana, Virginia, and Hawaii.
Elements of these programs vary between the different states, including which agency is responsible for administering the program, the physical construction of the card, and the contents required to be displayed. However, most programs specifically require that the cards be wallet-sized, and contain certain vital information about the order, including issuance and expiration dates and identifying information about the protected individual and the respondent. Many programs also include provisions allowing protection order recipients to request multiple copies of the card without a fee.
The Administrative Office of the Courts (AOC) is directed to develop a Hope Card program in collaboration with the Washington State Superior Court Judges' Association, the Washington State District and Municipal Court Judges Association, the Washington State Association of County Clerks, the Association of Washington Superior Court Administrators, and the District and Municipal Court Management Association.
A Hope Card must be a durable laminated or plastic card that contains the following information:
Beginning on July 1, 2024, any person who has been issued a valid domestic violence protection order, sexual assault protection order, stalking protection order, vulnerable adult protection order, or anti-harassment order may request a Hope Card from the issuing court at the time the order is issued or any time prior to the expiration of the order.
A person requesting a Hope Card may not be charged a fee for the issuance of an original and one duplicate card.
The substitute bill adds the Association of Washington Superior Court Administrators to the list of groups the AOC is directed to collaborate with when developing the Hope Card program. The substitute bill also specifies that the AOC must collaborate with the District and Municipal Court Management Association, rather than district court administrators, when developing the Hope Card program.
(In support) Currently, recipients of protection orders must carry cumbersome documentation or run the risk of not being able to quickly verify their order when seeking assistance from emergency services. This bill will provide recipients an alternative that will be significantly easier, more practical, and more discreet to carry and should allow emergency services to quickly verify the authenticity of a protection order and respond more effectively to calls for assistance from recipients. The Hope Card program would be particularly helpful in instances where children are protected by protection orders, as a card is much less likely to be lost or damaged than the current required documentation.
Protection orders are an essential source of safety and security for thousands of Washington residents and this bill represents one way that the state can make the protection order process easier for those that have to utilize it. Washington would be joining several states that have already implemented these programs.
(Opposed) None.