S-1890               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3240

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Lee, Moore, Metcalf, Bottiger, Benitz, McManus, McCaslin, Gaspard, Bailey, Stratton, Johnson, Garrett, Deccio, Peterson, Hayner, Barr, Craswell, Patterson and McDonald)

Read first time 2/12/85.

AN ACT Relating to child abuse; adding new sections to chapter 26.44 RCW; and prescribing penalties.

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 or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical 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;

          (b) Entering the family home of the alleged victim except as specifically authorized by the court; or

          (c) Having any contact with the alleged victim, except as specifically authorized by the court.

          (2) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.

          (3) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties 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) 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

          (b) May be revoked or modified.

          (5) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a  duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action.  Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.44 RCW to read as follows:

          (1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to section 1 of this act who refuses to comply with the provisions of such order when requested by any peace officer of the state shall be guilty of a misdemeanor.

          (2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file.  The copy may be supplied by the court or any party.

          (3) The remedies provided in this section shall not apply unless restraining orders subject to this section shall bear this legend:  VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CIVIL CONTEMPT PROCEEDINGS.

          (4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule:  PROVIDED, That no right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.