SENATE BILL REPORT

HB 2300

BYRepresentatives Crane, Inslee, Todd, Wineberry, Fraser and Jones

Changing provisions relating to orders for protection and antiharassment orders.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 19, 1990; February 21, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 21, 1990

BACKGROUND:

Persons who are the object of domestic violence or of harassment may petition the court for a protective court order.  In emergency cases, a temporary order may be obtained "ex parte," that is, without notifying the party alleged to be responsible for the violence or harassment.  However, an ex parte order requires a showing, among other things, of likely irreparable harm if the order is not immediately issued.

A protective order, which is valid for one year, requires notice to the alleged perpetrator and an opportunity for the parties to appear at a hearing.  The hearing must be held within 14 days after the petition is filed requesting the order.  These requirements are set by state law.  Local court rules also require that the alleged perpetrator be served notice at least five days (six days in some jurisdictions) before the hearing.  Service of this notice is done by a local police agency.  An ex parte temporary order is valid for 14 days.

Some jurisdictions have experienced difficulty in meeting these timing requirements for notice prior to the hearing.

SUMMARY:

The hearing on a petition for a domestic violence or harassment protective order must be held within 21 days, instead of within 14 days, after the filing of the petition.  Ex parte temporary orders are valid for 21 days.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Crane, prime sponsor; Bill Harrington, Father's Rights