H-1770 _______________________________________________
HOUSE BILL NO. 822
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By Representatives P. King, Todd, Tanner, Scott and Wineberry
Read first time 2/8/85 and referred to Committee on Judiciary.
AN ACT Relating to child abuse; and adding a new section to chapter 26.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 26.44 RCW to read as follows:
(1) In any judicial proceeding in which it is alleged that a child has been subjected to sexual abuse, when the court finds upon prepondernace of the evidence that an incident of sexual abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:
(a) Molesting or disturbing the peace of the alleged victim; or
(b) Entering the family home of the alleged victim upon a showing that the restraint is necessary for the protection of the child from likely further abuse.
(2) 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.
(3) A 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; and