Z-0639.1 _______________________________________________
SENATE BILL 5437
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State of Washington 52nd Legislature 1991 Regular Session
By Senators Nelson, Owen, McMullen, Talmadge, Moore, A. Smith, Wojahn and Skratek.
Read first time January 31, 1991. Referred to Committee on Law & Justice.
AN ACT Relating to court orders; and amending RCW 26.50.050, 26.50.070, and 10.14.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.50.050 and 1984 c 263 s 6 are each amended to read as follows:
Upon
receipt of the petition, the court shall order a hearing which shall be held
not later than ((fourteen)) twenty-one days from the date of the
order. Personal service shall be made upon the respondent ((not less than
five court days prior to the hearing)). If timely service cannot be made,
the court may set a new hearing date.
Sec. 2. RCW 26.50.070 and 1989 c 411 s 2 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;
(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; and
(d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household.
(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(4) An
ex parte temporary order for protection shall be effective for a fixed period
not to exceed ((fourteen)) twenty-one days, but may be reissued.
A full hearing, as provided in this chapter, shall be set for not later than ((fourteen))
twenty-one days from the issuance of the temporary order. The
respondent shall be served with a copy of the ex parte order along with a copy
of the petition and notice of the date set for the hearing.
Sec. 3. RCW 10.14.080 and 1987 c 280 s 8 are each amended to read as follows:
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An
ex parte temporary antiharassment protection order shall be effective for a
fixed period not to exceed ((fourteen)) twenty-one days, but may
be reissued. A full hearing, as provided in this chapter, shall be set for not
later than ((fourteen)) twenty-one days from the issuance of the
temporary order. The respondent shall be personally served with a copy of the
ex parte order along with a copy of the petition and notice of the date set for
the hearing.
(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment. An order issued under this chapter shall be effective for not more than one year. At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a new petition under this chapter.
(4) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; and
(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace.
(5) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.