AN ACT Relating to domestic relations; and amending RCW 26.09.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 6, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 26, chapter 263, Laws of 1984 and RCW 26.09.060 are each amended to read as follows:

(1) In all actions for the dissolution of marriage, legal separation, or a declaration of invalidity, the clerk of the court shall pursuant to order of the superior court issue a restraining order in the following manner:

(a) The restraining order shall be directed to each party to the action and contain the following orders:

(i) Each party is restrained from molesting or disturbing the peace of the other or of any child under the control of the other;

(ii) Each party is restrained from entering the home or place of abode of the other;

(iii) Each party is restrained from assigning, transferring, borrowing, lapsing, surrendering, or changing entitlements of any insurance policy of either party whether medical, health, life, or auto insurance;

(iv) Each party is restrained from removing any of the children from the jurisdiction of the court;

(v) Each party is restrained from transferring, removing, encumbering, concealing, or in any way disposing of any assets except in the usual order of business or for the necessities of life;

(vi) Each party is restrained from molesting or disturbing the peace of the other by telephone or otherwise at his or her employment.

(b) The restraining order shall contain the following statement:

Warning

This is an official court order. If you disobey this order the court may find you in contempt of court. Violation of this order with actual knowledge of its terms is a criminal offense.

You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.

This court order is effective until a final decree of dissolution, legal separation, or declaration of invalidity is filed or the action is dismissed.

(c) The restraining order shall be effective against the petitioner upon filing the petition and against the respondent upon service of a copy of the order. In the event of service by mail under the rules of civil procedure, the order shall be effective upon receipt of the order. The order shall remain effective until further order of the court or the entry of a decree of dissolution, legal separation, or declaration of invalidity.

(d) Except as provided in (f) of this subsection, at the time of filing the petition for dissolution, legal separation, or declaration of invalidity, the copies of the restraining order shall be issued to the petitioner or the agent, servant, or employee filing the petition. The petitioner shall be deemed to have accepted service of the petitioner's copy of the restraining order and to have actual notice of the contents thereof by filing or causing to be filed a petition for dissolution, legal separation, or declaration of invalidity. The petitioner shall cause a copy of the restraining order to be served upon the respondent together with a copy of the summons and petition for dissolution, legal separation, or declaration of invalidity.

(e) The restraining order shall have the force and effect of an order of the superior court signed by a judge and shall be enforceable by all remedies made available by law, including contempt of court. The provisions of CR 65 (a)(1) and 65 (e) of the rules of civil procedure shall not apply to restraining orders issued under this section.

(f) The restraining order imposed under this subsection shall not be issued at the time of filing the petition for dissolution, legal separation, or declaration of invalidity if waived under the signatures of both parties. The restraining order shall contain the following statement:

Waiver: This statutory restraining order imposed by RCW 26.09.060(1) is hereby expressly waived by the parties, as evidenced by the parties', not the parties' attorneys, signature below.

(2) In a proceeding for:

(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

((~~(2)~~)) (3) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

(b) Molesting or disturbing the peace of the other party or of any child and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed;

(d) Removing a child from the jurisdiction of the court.

((~~(3)~~)) (4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

((~~(4)~~)) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances.

((~~(5)~~)) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

((~~(6)~~)) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

((~~(7)~~)) (8) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(c) Terminates when the final decree is entered or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

(d) May be entered in a proceeding for the modification of an existing decree.

((~~(8)~~)) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.