AN ACT Relating to
domestic violence; amending RCW 26.50.030, 26.50.035, 26.50.040, 26.50.050,
26.50.060, 26.50.070, 26.50.080, 26.50.090, 26.50.095, 26.50.100, 26.50.110,
26.50.115, 26.50.125, 10.99.020, 10.99.030, 10.99.040, 26.09.050, 26.09.060,
26.09.300, 26.10.040, 26.10.115, 26.10.220, 26.26.130, 26.26.137, 4.24.130,
10.14.080, and 36.18.010; reenacting and amending RCW 26.50.010 and 10.31.100;
adding new sections to chapter 26.50 RCW; adding a new section to chapter 26.26
RCW; adding a new section to chapter 10.14 RCW; creating a new section;
prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.50.010 and 1992 c
111 s 7 and 1992 c 86 s 3 are each reenacted and amended to read as follows:
As used in this
chapter, the following terms shall have the meanings given them:
(1) "Domestic
violence" means: (a) Physical harm, bodily injury, assault, or the
infliction of fear of imminent physical harm, bodily injury or assault, between
family or household members; ((or)) (b) sexual assault of one family or
household member by another; or (c) stalking as defined in RCW 9A.46.110 of
one family or household member by another family or household member.
(2) "Family or
household members" means spouses, former spouses, persons who have a child
in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, adult persons who are
presently residing together or who have resided together in the past, persons
sixteen years of age or older who are presently residing together or who have
resided together in the past and who have or have had a dating relationship,
persons sixteen years of age or older with whom a respondent sixteen years of
age or older has or has had a dating relationship, and persons who have a
biological or legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
(3) "Dating
relationship" means a social relationship of a romantic nature. Factors
that the court may consider in making this determination include: (a) The
length of time the relationship has existed; (b) the nature of the
relationship; and (c) the frequency of interaction between the parties.
(4) "Court"
includes the superior, district, and municipal courts of the state of
Washington.
(5) "Judicial
day" does not include Saturdays, Sundays, or legal holidays.
(6) "Electronic
monitoring" means a program in which a person's presence at a particular
location is monitored from a remote location by use of electronic equipment.
(7) "Essential
personal effects" means those items necessary for a person's immediate
health, welfare, and livelihood. "Essential personal effects"
includes but is not limited to clothing, cribs, bedding, documents,
medications, and personal hygiene items.
NEW SECTION. Sec.
2. A new section is added
to chapter 26.50 RCW to read as follows:
(1) Any order available
under this chapter may be issued in actions under chapter 26.09, 26.10, or
26.26 RCW. If an order for protection is issued in an action under chapter
26.09, 26.10, or 26.26 RCW, the order shall be issued on the forms mandated by
RCW 26.50.035(1). An order issued in accordance with this subsection is fully
enforceable and shall be enforced under the provisions of this chapter.
(2) If a party files an
action under chapter 26.09, 26.10, or 26.26 RCW, an order issued previously
under this chapter between the same parties may be consolidated by the court
under that action and cause number. Any order issued under this chapter after
consolidation shall contain the original cause number and the cause number of
the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this chapter
shall not be denied or delayed on the grounds that the relief is available in
another action.
Sec. 3. RCW 26.50.030 and 1992 c
111 s 2 are each amended to read as follows:
There shall exist an
action known as a petition for an order for protection in cases of domestic
violence.
(1) A petition for
relief shall allege the existence of domestic violence, and shall be
accompanied by an affidavit made under oath stating the specific facts and
circumstances from which relief is sought. Petitioner and respondent shall
disclose the existence of any other litigation concerning the custody or
residential placement of a child of the parties as set forth in RCW 26.27.090.
(2) A petition for
relief may be made regardless of whether or not there is a pending lawsuit,
complaint, petition, or other action between the parties except in cases where
the court realigns petitioner and respondent in accordance with RCW 26.50.060(((3)))(4).
(3) Within ninety days
of receipt of the master copy from the administrator for the courts, all court
clerk's offices shall make available the standardized forms, instructions, and
informational brochures required by RCW 26.50.035 and shall fill in and keep
current specific program names and telephone numbers for community resources.
Any assistance or information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible for incorrect
information contained in a petition.
(4) ((A)) No
filing fee ((of twenty dollars shall)) may be charged for
proceedings under this section. ((No filing fee may be charged for: (a) A
petition filed in an existing action or under an existing cause number brought
under this chapter in the jurisdiction where the relief is sought; or (b) the
transfer of a case from district or municipal court to superior court under RCW
26.50.020(2).)) Forms and instructional brochures shall be provided free
of charge.
(5) A person is not
required to post a bond to obtain relief in any proceeding under this section.
Sec. 4. RCW 26.50.035 and 1993 c
350 s 2 are each amended to read as follows:
(1) By July 1, 1994,
the administrator for the courts shall develop and prepare instructions and
informational brochures required under RCW 26.50.030(4), standard petition and
order for protection forms, and a court staff handbook on domestic violence and
the protection order process. The standard petition and order for protection
forms must be used after September 1, 1994, for all petitions filed and orders
issued under this chapter. The instructions, brochures, forms, and handbook
shall be prepared in consultation with interested persons, including a
representative of the state domestic violence coalition, judges, and law
enforcement personnel.
(a) The instructions
shall be designed to assist petitioners in completing the petition, and shall
include a sample of standard petition and order for protection forms.
(b) The informational
brochure shall describe the use of and the process for obtaining a protection
order, a no-contact order as provided by RCW 10.99.040, a restraining order as
provided by RCW 26.09.060, and an antiharassment protection order as provided
by chapter 10.14 RCW.
(c) The order for
protection form shall include, in a conspicuous location, notice of criminal
penalties resulting from violation of the order, and the following statement:
"You can be arrested even if the person or persons who obtained the order
invite or allow you to violate the order's prohibitions. The respondent has
the sole responsibility to avoid or refrain from violating the order's
provisions. Only the court can change the order upon written
application."
(d) The court staff
handbook shall allow for the addition of a community resource list by the court
clerk.
(2) All court clerks
shall obtain a community resource list from a domestic violence program,
defined in RCW 70.123.020, serving the county in which the court is located.
The community resource list shall include the names and telephone numbers of
domestic violence programs serving the community in which the court is located,
including law enforcement agencies, domestic violence agencies, sexual assault
agencies, legal assistance programs, interpreters, multicultural programs, and
batterers' treatment programs. The court shall make the community resource
list available as part of or in addition to the informational brochures
described in subsection (1) of this section.
(3) The administrator
for the courts shall distribute a master copy of the petition and order forms,
instructions, and informational brochures to all court clerks and shall
distribute a master copy of the petition and order forms to all superior,
district, and municipal courts.
(4) For purposes of
this section, "court clerks" means court administrators in courts of
limited jurisdiction and elected court clerks.
(5) ((The
administrator for the courts shall arrange for translation of the instructions
and informational brochures required by this section, which shall contain a sample
of the standard petition and order for protection forms, into Spanish,
Vietnamese, Laotian, Cambodian, and Chinese, and shall distribute a master copy
of the translated instructions and informational brochures to all court clerks
by January 1, 1995.)) The administrator for the courts shall determine
the significant non-English-speaking or limited English-speaking populations in
the state. The administrator shall then arrange for translation of the
instructions and informational brochures required by this section, which shall
contain a sample of the standard petition and order for protection forms, into
the languages spoken by those significant non-English-speaking populations and
shall distribute a master copy of the translated instructions and informational
brochures to all court clerks by January 1, 1997.
(6) The
administrator for the courts shall update the instructions, brochures, standard
petition and order for protection forms, and court staff handbook when changes
in the law make an update necessary.
Sec. 5. RCW 26.50.040 and 1985 c
303 s 4 are each amended to read as follows:
(((1) Persons
seeking relief under this chapter may file an application for leave to proceed
in forma pauperis on forms supplied by the court. If the court determines
that a petitioner lacks the funds to pay the costs of filing, the petitioner
shall be granted leave to proceed in forma pauperis and no filing fee or any
other court related fees shall be charged by the court to the petitioner for
relief sought under this chapter. If the petitioner is granted leave to
proceed in forma pauperis, then no fees for service may be charged to the
petitioner.
(2) For the purpose
of determining whether a petitioner has the funds available to pay the costs of
filing an action under this chapter, the income of the household or family
member named as the respondent is not considered.)) No fees for filing or service of process
may be charged by a public agency to petitioners seeking relief under this
chapter. Petitioners shall be provided the necessary number of certified
copies at no cost.
Sec. 6. RCW 26.50.050 and 1992 c
143 s 1 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 days from the date of the order. The court may schedule a hearing
by telephone pursuant to local court rule, to reasonably accommodate a
disability, or in exceptional circumstances to protect a petitioner from
further acts of domestic violence. The court shall require assurances of the
petitioner's identity before conducting a telephonic hearing. Except as
provided in RCW 26.50.085 and section 16 of this act, personal service
shall be made upon the respondent not less than five court days prior to the
hearing. If timely personal service cannot be made, the court shall set a new
hearing date and shall either require additional attempts at obtaining personal
service or permit service by publication as provided in RCW 26.50.085 or
service by mail as provided in section 16 of this act. If the court
permits service by publication or by mail, the court shall set the
hearing date not later than twenty-four days from the date of the order. The
court may issue an ex parte order for protection pending the hearing as
provided in RCW 26.50.070 ((and)), 26.50.085, and section 16
of this act.
Sec. 7. RCW 26.50.060 and 1994
sp.s. c 7 s 457 are each amended to read as follows:
(1) Upon notice and
after hearing, the court may provide relief as follows:
(a) Restrain the
respondent from committing acts of domestic violence;
(b) Exclude the
respondent from the dwelling which the parties share ((or)), from
the residence, workplace, or school of the petitioner, or from the
daycare or school of a child;
(c) On the same basis
as is provided in chapter 26.09 RCW, the court shall make residential provision
with regard to minor children of the parties. However, parenting plans as
specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the
respondent to participate in batterers' treatment;
(e) Order other relief
as it deems necessary for the protection of the petitioner and other family or
household members sought to be protected, including orders or directives to a
peace officer, as allowed under this chapter;
(f) Require the
respondent to pay the ((filing fee and)) administrative court
costs((, including)) and service fees, as established by the
county or municipality incurring the expense and to reimburse the
petitioner for costs incurred in bringing the action, including a reasonable
attorney's fee((. If the petitioner has been granted leave to proceed in
forma pauperis, the court may require the respondent to pay the filing fee and
costs, including services fees, to the county or municipality incurring the
expense));
(g) Restrain the
respondent from having any contact with the victim of domestic violence or the
victim's children or members of the victim's household;
(h) Require the
respondent to submit to electronic monitoring. The order shall specify who
shall provide the electronic monitoring services and the terms under which the
monitoring must be performed. The order also may include a requirement that
the respondent pay the costs of the monitoring. The court shall consider the
ability of the respondent to pay for electronic monitoring; ((and))
(i) Consider the
provisions of RCW 9.41.800;
(j) Order possession
and use of essential personal effects. The court shall list the essential
personal effects with sufficient specificity to make it clear which property is
included; and
(k) Order use of a
vehicle.
(2) ((Any relief
granted by the order for protection, other than a judgment for costs, shall be
for a fixed period not to exceed one year)) If ((the)) a
restraining order restrains the respondent from contacting the respondent's
minor children the restraint shall be for a fixed period not to exceed one
year. This limitation is not applicable to orders for protection issued under
chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if
the petitioner has petitioned for relief on his or her own behalf or on behalf
of the petitioner's family or household members or minor children ((that are
not also the respondent's minor children)), and the court finds that the
respondent is likely to resume acts of domestic violence against the petitioner
or the petitioner's family or household members or minor children when the
order expires, the court may either (((a))) grant relief for a fixed
period ((not to exceed one year; (b) grant relief for a fixed period in excess
of one year;)) or (((c))) enter a permanent order of protection.
If the petitioner has
petitioned for relief on behalf of the respondent's minor children, the court
shall advise the petitioner that if the petitioner wants to continue protection
for a period beyond one year the petitioner may either petition for renewal
pursuant to the provisions of this chapter or may seek relief pursuant to the
provisions of chapter 26.09 or 26.26 RCW.
(3) If the court grants
an order for a fixed time period, the petitioner may apply for renewal of the
order by filing a petition for renewal at any time within the three months
before the order expires. The petition for renewal shall state the reasons why
the petitioner seeks to renew the protection order. Upon receipt of the
petition for renewal the court shall order a hearing which shall be not later
than fourteen days from the date of the order. Except as provided in RCW
26.50.085, personal service shall be made on the respondent not less than five
days before the hearing. If timely service cannot be made the court shall set
a new hearing date and shall either require additional attempts at obtaining
personal service or permit service by publication as provided in RCW
26.50.085. If the court permits service by publication, the court shall set
the new hearing date not later than twenty-four days from the date of the
order. If the order expires because timely service cannot be made the court
shall grant an ex parte order of protection as provided in RCW 26.50.070. The
court shall grant the petition for renewal unless the respondent proves by a
preponderance of the evidence that the respondent will not resume acts of
domestic violence against the petitioner or the petitioner's children or family
or household members when the order expires. The court may renew the
protection order for another fixed time period or may enter a permanent order
as provided in this section. The court may award court costs, service fees,
and reasonable attorneys' fees as provided in subsection (1)(f) of this
section.
(4) In providing relief
under this chapter, the court may realign the designation of the parties as
"petitioner" and "respondent" where the court finds that
the original petitioner is the abuser and the original respondent is the victim
of domestic violence and may issue an ex parte temporary order for protection
in accordance with RCW 26.50.070 on behalf of the victim until the victim is
able to prepare a petition for an order for protection in accordance with RCW
26.50.030.
(5) Except as provided
in subsection (4) of this section, no order for protection shall grant relief
to any party except upon notice to the respondent and hearing pursuant to a
petition or counter-petition filed and served by the party seeking relief in
accordance with RCW 26.50.050.
(6) The court order
shall specify the date the order expires if any. The court order shall also
state whether the court issued the protection order following personal service
or service by publication and whether the court has approved service by
publication of an order issued under this section.
(7) If the court
declines to issue an order for protection or declines to renew an order for
protection, the court shall state in writing on the order the particular
reasons for the court's denial.
Sec. 8. RCW 26.50.070 and 1994
sp.s. c 7 s 458 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;
(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; and
(e) Considering the
provisions of RCW 9.41.800.
(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 days or twenty-four days if the court has permitted service by
publication under RCW 26.50.085 or by mail under section 16 of this act.
The ex parte order may be reissued. A full hearing, as provided in this
chapter, shall be set for not later than fourteen days from the issuance of the
temporary order or not later than twenty-four days if service by publication or
by mail is permitted. Except as provided in RCW 26.50.050 ((and)),
26.50.085, and section 16 of this act, 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.
(5) Any order issued
under this section shall contain the date and time of issuance and the
expiration date and shall be entered into a state-wide judicial information
system by the clerk of the court within one judicial day after issuance.
(6) If the court
declines to issue an ex parte temporary order for protection the court shall
state the particular reasons for the court's denial. The court's denial of a
motion for an ex parte order of protection shall be filed with the court.
Sec. 9. RCW 26.50.080 and 1984 c
263 s 9 are each amended to read as follows:
(1) When an
order is issued under this chapter upon request of the petitioner, the court
may order a peace officer to accompany the petitioner and assist in placing the
petitioner in possession of ((the dwelling or residence,)) those
items indicated in the order or to otherwise assist in the execution
of the order of protection. The order shall list all items that are to be
included with sufficient specificity to make it clear which property is
included. Orders issued under this chapter shall include a designation of
the appropriate law enforcement agency to execute, serve, or enforce the order.
(2) Upon order of a
court, a peace officer shall accompany the petitioner in an order of protection
and assist in placing the petitioner in possession of all items listed in the
order and to otherwise assist in the execution of the order.
Sec. 10. RCW 26.50.090 and 1992 c
143 s 6 are each amended to read as follows:
(1) An order issued
under this chapter shall be personally served upon the respondent, except as
provided in subsections (6) and (8) of this section.
(2) The sheriff of the
county or the peace officers of the municipality in which the respondent
resides shall serve the respondent personally unless the petitioner elects to
have the respondent served by a private party.
(3) If service by a
sheriff or municipal peace officer is to be used, the clerk of the court shall
have a copy of any order issued under this chapter forwarded on or before the
next judicial day to the appropriate law enforcement agency specified in the
order for service upon the respondent. Service of an order issued under this
chapter shall take precedence over the service of other documents unless they
are of a similar emergency nature.
(4) If the sheriff or
municipal peace officer cannot complete service upon the respondent within ten
days, the sheriff or municipal peace officer shall notify the petitioner. The
petitioner shall provide information sufficient to permit notification.
(5) Returns of service
under this chapter shall be made in accordance with the applicable court rules.
(6) If an order entered
by the court recites that the respondent appeared in person before the court,
the necessity for further service is waived and proof of service of that order
is not necessary.
(7) ((Except in
cases where the petitioner is granted leave to proceed in forma pauperis,))
Municipal police departments serving documents as required under this
chapter may collect from respondents ordered to pay fees under RCW 26.50.060
the same fees for service and mileage authorized by RCW 36.18.040 to be
collected by sheriffs.
(8) If the court
previously entered an order allowing service ((by publication)) of the
notice of hearing and temporary order of protection by publication
pursuant to RCW 26.50.085 or by mail pursuant to section 16 of this act,
the court may permit service by publication or by mail of the order of
protection issued under RCW 26.50.060. Service by publication must comply with
the requirements of RCW 26.50.085 and service by mail must comply with the
requirements of section 16 of this act. The court order must state whether
the court permitted service by publication or by mail.
NEW SECTION. Sec.
11. A new section is added
to chapter 26.50 RCW to read as follows:
(1) Pursuant to chapter
2.42 RCW, an interpreter shall be appointed for any party who, because of a
hearing or speech impairment, cannot readily understand or communicate in
spoken language.
(2) Pursuant to chapter
2.43 RCW, an interpreter shall be appointed for any party who cannot readily
speak or understand the English language.
(3) The interpreter
shall translate or interpret for the party in preparing forms, participating in
the hearing and court-ordered assessments, and translating any orders.
Sec. 12. RCW 26.50.095 and 1992 c
143 s 5 are each amended to read as follows:
Following completion of
service by publication as provided in RCW 26.50.085 or by mail as provided
in section 16 of this act, if the respondent fails to appear at the
hearing, the court may issue an order of protection as provided in RCW
26.50.060. That order must be served pursuant to RCW 26.50.090, and forwarded
to the appropriate law enforcement agency pursuant to RCW 26.50.100.
Sec. 13. RCW 26.50.100 and 1992 c
143 s 7 are each amended to read as follows:
(1) A copy of an order
for protection granted under this chapter shall 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 into any
computer-based criminal intelligence information system available in this state
used by law enforcement agencies to list outstanding warrants. The order
shall remain in the computer for the period stated in the order. The law
enforcement agency shall only expunge ((expired)) from the
computer-based criminal intelligence information system orders ((from
the computer system)) that are expired, vacated, or superseded.
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.
(2) The information
entered into the computer-based criminal intelligence information system
shall include notice to law enforcement whether the order was personally served
or served by publication.
Sec. 14. RCW 26.50.110 and 1992 c
86 s 5 are each amended to read as follows:
(1) Whenever an order
for protection is granted under this chapter and the respondent or person to be
restrained knows of the order, a violation of the restraint provisions or of a
provision excluding the person from a residence, workplace, school, or
daycare is a gross misdemeanor. Upon conviction, and in addition to
any other penalties provided by law, the court may require that the respondent
submit to electronic monitoring. The court shall specify who shall provide the
electronic monitoring services, and the terms under which the monitoring shall
be performed. The order also may include a requirement that the respondent pay
the costs of the monitoring. The court shall consider the ability of the
convicted person to pay for electronic monitoring.
(2) A peace officer
shall arrest without a warrant and take into custody a person whom the peace
officer has probable cause to believe has violated an order issued under this
chapter that restrains the person or excludes the person from a residence, workplace,
school, or daycare, if the person restrained knows of the order. Presence
of the order in the law enforcement computer-based criminal intelligence
information system is not the only means of establishing knowledge of the
order.
(3) A violation of an
order for protection shall also constitute contempt of court, and is subject to
the penalties prescribed by law.
(4) Any assault that is
a violation of an order issued under this chapter and that does not amount to
assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a
class C felony, and any conduct in violation of a protective order issued under
this chapter that is reckless and creates a substantial risk of death or
serious physical injury to another person is a class C felony.
(5) Upon the filing of
an affidavit by the petitioner or any peace officer alleging that the
respondent has violated an order for protection granted under this chapter, the
court may issue an order to the respondent, requiring the respondent to appear
and show cause within fourteen days why the respondent should not be found in
contempt of court and punished accordingly. The hearing may be held in the
court of any county or municipality in which the petitioner or respondent
temporarily or permanently resides at the time of the alleged violation.
Sec. 15. RCW 26.50.115 and 1992 c
143 s 8 are each amended to read as follows:
(1) When the court
issues an ex parte order pursuant to RCW 26.50.070 or an order of protection
ordered issued pursuant to RCW 26.50.060, the court shall advise the petitioner
that the respondent may not be subjected to the penalties set forth in RCW
26.50.110 for a violation of the order unless the respondent knows of the
order.
(2) When a peace
officer investigates a report of an alleged violation of an order for
protection issued under this chapter the officer shall attempt to determine
whether the respondent knew of the existence of the protection order. ((If
the officer determines that the respondent did not or probably did not know
about the protection order, the officer shall make reasonable efforts to obtain
a copy of the protection order and serve it on the respondent during the
investigation.)) If the law enforcement officer determines that the
respondent did not or probably did not know about the protection order and the
officer is provided a current copy of the order, the officer shall serve the
order on the respondent if the respondent is present. If the respondent is not
present, the officer shall make reasonable efforts to serve a copy of the order
on the respondent. If the officer serves the respondent with the petitioner's
copy of the order, the officer shall give petitioner a receipt indicating that
petitioner's copy has been served on the respondent.
(3) Presentation of
an unexpired, certified copy of a protection order is sufficient for a law
enforcement officer to enforce the terms of the order regardless of the
presence of the order in the law enforcement computer-based criminal
intelligence information system.
NEW SECTION. Sec.
16. A new section is added
to chapter 26.50 RCW to read as follows:
(1) In circumstances
justifying service by publication under RCW 26.50.085(1), if the serving party
files an affidavit stating facts from which the court determines that service
by mail is just as likely to give actual notice as service by publication and
that the serving party is unable to afford the cost of service by publication,
the court may order that service be made by mail. Such service shall be made
by any person over eighteen years of age, who is competent to be a witness,
other than a party, by mailing copies of the order and other process to the
party to be served at his or her last known address or any other address
determined by the court to be appropriate. Two copies shall be mailed, postage
prepaid, one by ordinary first class mail and the other by a form of mail
requiring a signed receipt showing when and to whom it was delivered. The
envelopes must bear the return address of the sender.
(2) Proof of service
under this section shall be consistent with court rules for civil proceedings.
(3) Service under this
section may be used in the same manner and shall have the same jurisdictional
effect as service by publication for purposes of this chapter. Service shall
be deemed complete upon the mailing of two copies as prescribed in this
section.
Sec. 17. RCW 26.50.125 and 1992 c
143 s 9 are each amended to read as follows:
The court may permit
service by publication or by mail under this chapter only if the
petitioner pays the cost of publication or mailing unless the county
legislative authority allocates funds for service of process by publication or
by mail for indigent petitioners ((who are granted leave to
proceed in forma pauperis)).
NEW SECTION. Sec.
18. A new section is added
to chapter 26.50 RCW to read as follows:
To prevent the issuance
of competing protection orders in different courts and to give courts needed
information for issuance of orders, the judicial information system shall be
available in each district, municipal, and superior court by July 1, 1997, and
shall include a database containing the following information:
(1) The names of the
parties and the cause number for every order of protection issued under this
title, every criminal no-contact order issued under chapter 10.99 RCW, every
antiharassment order issued under chapter 10.14 RCW, every dissolution action
under chapter 26.09 RCW, every third-party custody action under chapter 26.10
RCW, and every parentage action under chapter 26.10 RCW;
(2) A criminal history
of the parties; and
(3) Other relevant
information necessary to assist courts in issuing orders under this chapter as
determined by the judicial information system committee.
NEW SECTION. Sec.
19. A new section is added
to chapter 26.50 RCW to read as follows:
(1) Before granting an
order under this chapter directing residential placement of a child or
restraining or limiting a party's contact with a child, the court shall consult
the judicial information system, if available, to determine the pendency of
other proceedings involving the residential placement of any child of the
parties for whom residential placement has been requested.
(2) Jurisdictional
issues regarding out-of-state proceedings involving the custody or residential
placement of any child of the parties shall be governed by the uniform child
custody jurisdiction act, chapter 26.27 RCW.
Sec. 20. RCW 10.31.100 and 1993 c
209 s 1 and 1993 c 128 s 5 are each reenacted and amended to read as follows:
A police officer having
probable cause to believe that a person has committed or is committing a felony
shall have the authority to arrest the person without a warrant. A police
officer may arrest a person without a warrant for committing a misdemeanor or
gross misdemeanor only when the offense is committed in the presence of the
officer, except as provided in subsections (1) through (10) of this section.
(1) Any police officer
having probable cause to believe that a person has committed or is committing a
misdemeanor or gross misdemeanor, involving physical harm or threats of harm to
any person or property or the unlawful taking of property or involving the use
or possession of cannabis, or involving the acquisition, possession, or
consumption of alcohol by a person under the age of twenty-one years under RCW
66.44.270 shall have the authority to arrest the person.
(2) A police officer
shall arrest and take into custody, pending release on bail, personal
recognizance, or court order, a person without a warrant when the officer has
probable cause to believe that:
(a) An order has been
issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050,
26.09.060, 26.10.040, 26.10.115, 26.44.063, chapter 26.26 RCW, or
chapter 26.50 RCW restraining the person and the person has violated the terms
of the order restraining the person from acts or threats of violence or
excluding the person from a residence, workplace, school, or day care
or, in the case of an order issued under RCW 26.44.063, imposing any other
restrictions or conditions upon the person; or (b) The person is ((eighteen))
sixteen years or older and within the preceding four hours has assaulted
((that person's spouse, former spouse, or a person eighteen years or older
with whom the person resides or has formerly resided)) a family or
household member as defined in RCW 10.99.020 and the officer believes: (i)
A felonious assault has occurred; (ii) an assault has occurred which has
resulted in bodily injury to the victim, whether the injury is observable by
the responding officer or not; or (iii) that any physical action has occurred
which was intended to cause another person reasonably to fear imminent serious
bodily injury or death. Bodily injury means physical pain, illness, or an
impairment of physical condition. When the officer has probable cause to
believe that spouses, former spouses, or other persons who reside together or
formerly resided together have assaulted each other, the officer is not
required to arrest both persons. The officer shall arrest the person whom the
officer believes to be the primary physical aggressor. In making this
determination, the officer shall make every reasonable effort to consider: (i)
The intent to protect victims of domestic violence under RCW 10.99.010; (ii)
the comparative extent of injuries inflicted or serious threats creating fear
of physical injury; and (iii) the history of domestic violence between the
persons involved.
(3) Any police officer
having probable cause to believe that a person has committed or is committing a
violation of any of the following traffic laws shall have the authority to
arrest the person:
(a) RCW 46.52.010,
relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020,
relating to duty in case of injury to or death of a person or damage to an
attended vehicle;
(c) RCW 46.61.500 or
46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or
46.61.504, relating to persons under the influence of intoxicating liquor or
drugs;
(e) RCW 46.20.342,
relating to driving a motor vehicle while operator's license is suspended or
revoked;
(f) RCW 46.61.525,
relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement
officer investigating at the scene of a motor vehicle accident may arrest the
driver of a motor vehicle involved in the accident if the officer has probable
cause to believe that the driver has committed in connection with the accident
a violation of any traffic law or regulation.
(5) Any police officer
having probable cause to believe that a person has committed or is committing a
violation of RCW ((88.12.100)) 88.12.025 shall have the authority
to arrest the person.
(6) An officer may act
upon the request of a law enforcement officer in whose presence a traffic
infraction was committed, to stop, detain, arrest, or issue a notice of traffic
infraction to the driver who is believed to have committed the infraction. The
request by the witnessing officer shall give an officer the authority to take
appropriate action under the laws of the state of Washington.
(7) Any police officer
having probable cause to believe that a person has committed or is committing
any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the
person.
(8) A police officer
may arrest and take into custody, pending release on bail, personal
recognizance, or court order, a person without a warrant when the officer has
probable cause to believe that an order has been issued of which the person has
knowledge under chapter 10.14 RCW and the person has violated the terms of that
order.
(9) Any police officer
having probable cause to believe that a person has, within twenty-four hours of
the alleged violation, committed a violation of RCW 9A.50.020 may arrest such
person.
(10) A police officer
having probable cause to believe that a person illegally possesses or illegally
has possessed a firearm or other dangerous weapon on private or public
elementary or secondary school premises shall have the authority to arrest the
person.
For purposes of this
subsection, the term "firearm" has the meaning defined in RCW
9.41.010 and the term "dangerous weapon" has the meaning defined in
RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11) Except as
specifically provided in subsections (2), (3), (4), and (6) of this section,
nothing in this section extends or otherwise affects the powers of arrest
prescribed in Title 46 RCW.
(12) No police officer
may be held criminally or civilly liable for making an arrest pursuant to RCW
10.31.100 (2) or (8) if the police officer acts in good faith and without
malice.
Sec. 21. RCW 10.99.020 and 1994 c
121 s 4 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Family or
household members" means spouses, former spouses, persons who have a child
in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, ((and)) adult
persons who are presently residing together or who have resided together in the
past, persons sixteen years of age or older who are presently residing
together or who have resided together in the past and who have or have had a
dating relationship, persons sixteen years of age or older with whom a
respondent sixteen years of age or older has or has had a dating relationship,
and persons who have a biological or legal parent-child relationship, including
stepparents and stepchildren and grandparents and grandchildren.
(2) "Dating
relationship" has the same meaning as in RCW 26.50.010.
(3)
"Domestic violence" includes but is not limited to any of the
following crimes when committed by one family or household member against
another:
(a) Assault in the
first degree (RCW 9A.36.011);
(b) Assault in the
second degree (RCW 9A.36.021);
(c) Assault in the
third degree (RCW 9A.36.031);
(d) Assault in the
fourth degree (RCW 9A.36.041);
(e) Reckless
endangerment in the first degree (RCW 9A.36.045);
(f) Reckless
endangerment in the second degree (RCW 9A.36.050);
(g) Coercion (RCW
9A.36.070);
(h) Burglary in the
first degree (RCW 9A.52.020);
(i) Burglary in the
second degree (RCW 9A.52.030);
(j) Criminal trespass
in the first degree (RCW 9A.52.070);
(k) Criminal trespass
in the second degree (RCW 9A.52.080);
(l) Malicious mischief
in the first degree (RCW 9A.48.070);
(m) Malicious mischief
in the second degree (RCW 9A.48.080);
(n) Malicious mischief
in the third degree (RCW 9A.48.090);
(o) Kidnapping in the
first degree (RCW 9A.40.020);
(p) Kidnapping in the
second degree (RCW 9A.40.030);
(q) Unlawful
imprisonment (RCW 9A.40.040);
(r) Violation of the
provisions of a restraining order restraining the person or excluding the
person from a residence (RCW 26.09.300);
(s) Violation of the
provisions of a protection order or no-contact order restraining the
person or excluding the person from a residence (RCW 26.50.060, 26.50.070, ((or))
26.50.130, or 10.99.040);
(t) Rape in the first
degree (RCW 9A.44.040);
(u) Rape in the second
degree (RCW 9A.44.050); ((and))
(v) Residential
burglary (RCW 9A.52.025); and
(w) Stalking (RCW
9A.46.110).
(((3))) (4)
"Victim" means a family or household member who has been subjected to
domestic violence.
Sec. 22. RCW 10.99.030 and 1993 c
350 s 3 are each amended to read as follows:
(1) All training
relating to the handling of domestic violence complaints by law enforcement
officers shall stress enforcement of criminal laws in domestic situations,
availability of community resources, and protection of the victim. Law
enforcement agencies and community organizations with expertise in the issue of
domestic violence shall cooperate in all aspects of such training.
(2) The criminal
justice training commission shall implement by January 1, 1997, a course of
instruction for the training of law enforcement officers in Washington in the
handling of domestic violence complaints. The basic law enforcement curriculum
of the criminal justice training commission shall include at least twenty hours
of basic training instruction on the law enforcement response to domestic
violence. The course of instruction, the learning and performance objectives,
and the standards for the training shall be developed by the commission and
focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator
accountable for the violence. The curriculum shall include training on the
extent and prevalence of domestic violence, the importance of criminal justice
intervention, techniques for responding to incidents that minimize the
likelihood of officer injury and that promote victim safety, investigation and
interviewing skills, evidence gathering and report writing, assistance to and
services for victims and children, verification and enforcement of court
orders, liability, and any additional provisions that are necessary to carry
out the intention of this subsection.
(3) The criminal
justice training commission shall develop and update annually an in-service
training program to familiarize law enforcement officers with the domestic
violence laws. The program shall include techniques for handling incidents of
domestic violence that minimize the likelihood of injury to the officer and
that promote the safety of all parties. The commission shall make the training
program available to all law enforcement agencies in the state.
(4) Development of
the training in subsections (2) and (3) of this section shall be conducted in
conjunction with agencies having a primary responsibility for serving victims
of domestic violence with emergency shelter and other services, and
representatives to the state-wide organization providing training and education
to these organizations and to the general public.
(((2))) (5)
The primary duty of peace officers, when responding to a domestic violence
situation, is to enforce the laws allegedly violated and to protect the
complaining party.
(((3))) (6)(a)
When a peace officer responds to a domestic violence call and has probable
cause to believe that a crime has been committed, the peace officer shall
exercise arrest powers with reference to the criteria in RCW 10.31.100. The
officer shall notify the victim of the victim's right to initiate a criminal
proceeding in all cases where the officer has not exercised arrest powers or
decided to initiate criminal proceedings by citation or otherwise. The parties
in such cases shall also be advised of the importance of preserving evidence.
(b) A peace officer
responding to a domestic violence call shall take a complete offense report
including the officer's disposition of the case.
(((4))) (7)
When a peace officer responds to a domestic violence call, the officer shall
advise victims of all reasonable means to prevent further abuse, including
advising each person of the availability of a shelter or other services in the
community, and giving each person immediate notice of the legal rights and
remedies available. The notice shall include handing each person a copy of the
following statement:
"IF
YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county
prosecuting attorney to file a criminal complaint. You also have the right to
file a petition in superior, district, or municipal court requesting an order
for protection from domestic abuse which could include any of the following:
(a) An order restraining your abuser from further acts of abuse; (b) an order
directing your abuser to leave your household; (c) an order preventing your
abuser from entering your residence, school, business, or place of employment;
(d) an order awarding you or the other parent custody of or visitation with
your minor child or children; and (e) an order restraining your abuser from
molesting or interfering with minor children in your custody. The forms you
need to obtain a protection order are available in any municipal, district, or
superior court.
Information
about shelters and alternatives to domestic violence is available from a
state-wide twenty-four-hour toll-free hotline at ((1-800-562-6025)) (include
appropriate phone number). The battered women's shelter and other
resources in your area are . . . . . (include local
information)"
(((5))) (8)
The peace officer may offer, arrange, or facilitate transportation for the
victim to a hospital for treatment of injuries or to a place of safety or
shelter.
(((6))) (9)
The law enforcement agency shall forward the offense report to the appropriate
prosecutor within ten days of making such report if there is probable cause to
believe that an offense has been committed, unless the case is under active
investigation.
(((7))) (10)
Each law enforcement agency shall make as soon as practicable a written record
and shall maintain records of all incidents of domestic violence reported to
it.
(((8))) (11)
Records kept pursuant to subsections (((3) and (7))) (6) and (10)
of this section shall be made identifiable by means of a departmental code for
domestic violence.
(((9))) (12)
Commencing January 1, 1994, records of incidents of domestic violence shall be
submitted, in accordance with procedures described in this subsection, to the
Washington association of sheriffs and police chiefs by all law enforcement
agencies. The Washington criminal justice training commission shall amend its
contract for collection of state-wide crime data with the Washington
association of sheriffs and police chiefs:
(a) To include a table,
in the annual report of crime in Washington produced by the Washington
association of sheriffs and police chiefs pursuant to the contract, showing the
total number of actual offenses and the number and percent of the offenses that
are domestic violence incidents for the following crimes: (i) Criminal
homicide, with subtotals for murder and nonnegligent homicide and manslaughter
by negligence; (ii) forcible rape, with subtotals for rape by force and attempted
forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting
instrument, or other dangerous weapon, and strongarm robbery; (iv) assault,
with subtotals for firearm, knife or cutting instrument, other dangerous
weapon, hands, feet, aggravated, and other nonaggravated assaults; (v)
burglary, with subtotals for forcible entry, nonforcible unlawful entry, and
attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii)
motor vehicle theft, with subtotals for autos, trucks and buses, and other
vehicles; and (viii) arson;
(b) To require that the
table shall continue to be prepared and contained in the annual report of crime
in Washington until that time as comparable or more detailed information about
domestic violence incidents is available through the Washington state incident
based reporting system and the information is prepared and contained in the
annual report of crime in Washington; and
(c) To require that, in
consultation with interested persons, the Washington association of sheriffs
and police chiefs prepare and disseminate procedures to all law enforcement
agencies in the state as to how the agencies shall code and report domestic
violence incidents to the Washington association of sheriffs and police chiefs.
Sec. 23. RCW 10.99.040 and 1994
sp.s. c 7 s 449 are each amended to read as follows:
(1) Because of the
serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss
any charge or delay disposition because of concurrent dissolution or other
civil proceedings;
(b) Shall not require
proof that either party is seeking a dissolution of marriage prior to
instigation of criminal proceedings;
(c) Shall waive any
requirement that the victim's location be disclosed to any person, other than
the attorney of a criminal defendant, upon a showing that there is a
possibility of further violence: PROVIDED, That the court may order a criminal
defense attorney not to disclose to his or her client the victim's location;
and
(d) Shall identify by
any reasonable means on docket sheets those criminal actions arising from acts
of domestic violence.
(2) Because of the
likelihood of repeated violence directed at those who have been victims of
domestic violence in the past, when any person charged with or arrested for a
crime involving domestic violence is released from custody before arraignment
or trial on bail or personal recognizance, the court authorizing the release
may prohibit that person from having any contact with the victim. The
jurisdiction authorizing the release shall determine whether that person should
be prohibited from having any contact with the victim. If there is no
outstanding restraining or protective order prohibiting that person from having
contact with the victim, the court authorizing release may issue, by telephone,
a no-contact order prohibiting the person charged or arrested from having
contact with the victim. In issuing the order, the court shall consider the
provisions of RCW 9.41.800. The no-contact order shall also be issued in
writing as soon as possible.
(3) At the time of
arraignment the court shall determine whether a no-contact order shall be
issued or extended. If a no-contact order is issued or extended, the court may
also include in the conditions of release a requirement that the defendant
submit to electronic monitoring. If electronic monitoring is ordered, the
court shall specify who shall provide the monitoring services, and the terms
under which the monitoring shall be performed. Upon conviction, the court may
require as a condition of the sentence that the defendant reimburse the
providing agency for the costs of the electronic monitoring.
(4)(a) Willful
violation of a court order issued under subsection (2) or (3) of this section
is a gross misdemeanor. Upon conviction and in addition to other
penalties provided by law, the court may require that the defendant submit to
electronic monitoring. The court shall specify who shall provide the
electronic monitoring services and the terms under which the monitoring must be
performed. The court also may include a requirement that the defendant pay the
costs of the monitoring. The court shall consider the ability of the convicted
person to pay for electronic monitoring.
(b) Any assault that is
a violation of an order issued under this section and that does not amount to
assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a
class C felony punishable under chapter 9A.20 RCW, and any conduct in violation
of a protective order issued under this section that is reckless and creates a
substantial risk of death or serious physical injury to another person is a
class C felony punishable under chapter 9A.20 RCW.
(c) The written order
releasing the person charged or arrested shall contain the court's directives
and shall bear the legend: "Violation of this order is a criminal
offense under chapter 10.99 RCW and will subject a violator to arrest; any
assault or reckless endangerment that is a violation of this order is a
felony. You can be arrested even if any person protected by the order
invites or allows you to violate the order's prohibitions. You have the sole
responsibility to avoid or refrain from violating the order's provisions. Only
the court can change the order." A certified copy of the order shall
be provided to the victim. If a no-contact order has been issued prior to
charging, that order shall expire at arraignment or within seventy-two hours if
charges are not filed. Such orders need not be entered into the computer-based
criminal intelligence information system in this state which is used by law
enforcement agencies to list outstanding warrants.
(5) Whenever an order
prohibiting contact is issued, modified, or terminated under subsection (2) or
(3) of this section, the clerk of the court shall forward a copy of the order
on or before the next judicial day to the appropriate law enforcement agency
specified in the order. Upon receipt of the copy of the order the law
enforcement agency shall forthwith enter the order for one year or until the
expiration date specified on the order 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
jurisdiction in the state.
NEW SECTION. Sec.
24. (1) By January 1, 1997,
the criminal justice training commission shall develop an educational manual
and a training curriculum for prosecutors in Washington state regarding
domestic violence. The manual and curriculum shall include but not be limited to:
The nature, extent, and causes of domestic violence; laws on domestic violence;
practices designed to promote safety of the victim and other family and
household members, including safety plans; the responsibility and authority of
the criminal justice system to intervene in domestic violence; considerations
that should go into screening and charging decisions; violations of court
orders; trial tactics; evidence collection; victim advocates; considerations
that should go into effective sentencing dispositions related to victim safety
and perpetrator accountability; lethality; and community resources for victims,
perpetrators, and children.
(2) By July 1, 1998,
the commission shall distribute a copy of the manual and curriculum specified
in subsection (1) of this section to the prosecuting attorney for each county
and unit of government for their use in education and training.
(3) The manual and
curriculum specified in subsection (1) of this section shall be developed in
conjunction with agencies responsible for prosecuting domestic violence cases,
agencies having a primary responsibility for serving victims of domestic
violence with emergency shelter and other services, representatives of the
state-wide organization providing training and education to these organizations
and the general public, and others with a demonstrated expertise on domestic
violence and the criminal justice system.The text of the following section
has been vetoed by the Governor. It is noted in bold italic.
*Sec. 25. RCW 26.09.050 and
1994 sp.s. c 7 s 451 are each amended to read as follows:
(1) In
entering a decree of dissolution of marriage, legal separation, or declaration
of invalidity, the court shall determine the marital status of the parties,
make provision for a parenting plan for any minor child of the marriage, make
provision for the support of any child of the marriage entitled to support,
consider or approve provision for the maintenance of either spouse, make
provision for the disposition of property and liabilities of the parties, make
provision for the allocation of the children as federal tax exemptions, make
provision for any necessary continuing restraining orders including the
provisions contained in RCW 9.41.800, make provision for the issuance within
this action of the restraint provisions of a domestic violence protection order
under chapter 26.50 RCW or an antiharassment protection order under chapter
10.14 RCW, and make provision for the change of name of any party.
(2) Restraining
orders issued under this section restraining the person from molesting or
disturbing another party or from going onto the grounds of or entering the
home, workplace, or school of the other party or the day care or school of any
child shall prominently bear on the front page of the order 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.
(3)
The court shall order that any restraining order bearing a criminal offense
legend, any domestic violence protection order, or any antiharassment
protection 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 into any computer-based criminal intelligence
information system available in this state used by law enforcement agencies to
list outstanding warrants. The order is fully enforceable in any county in the
state.
*Sec.
25 was vetoed. See message at end of chapter.
Sec. 26. RCW 26.09.060 and 1994
sp.s. c 7 s 452 are each amended to read as follows:
(1) 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) 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 or her 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;
(c) ((Entering the
family home or the home)) Going onto the grounds of or entering the
home, workplace, or school of the other party or the day care or school
of any child upon a showing of the necessity therefor;
(d) Removing a child
from the jurisdiction of the court.
(3) Either party may
request a domestic violence protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on a temporary basis.
The court may grant any of the relief provided in RCW 26.50.060 except relief
pertaining to residential provisions for the children which provisions shall be
provided for under this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall be effective for
a fixed period not to exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary motions in the case
can be heard at the same time.
(4) In issuing
the order, the court shall consider the provisions of RCW 9.41.800.
(((4))) (5)
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.
(((5))) (6)
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. The court may in its discretion
waive the filing of the bond or the posting of security.
(((6))) (7)
Restraining orders issued under this section restraining the person from
molesting or disturbing another party or from ((entering a party's home))
going onto the grounds of or entering the home, workplace, or school of the
other party or the day care or school of any child shall prominently
bear on the front page of the order 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.
(((7))) (8)
The court ((may)) shall order that any temporary restraining
order bearing a criminal offense legend, any domestic violence protection
order, or any antiharassment protection 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.
(((8))) (9)
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, except as provided under subsection (((9))) (10)
of this section, 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.
(((9))) (10)
Delinquent support payments accrued under an order for temporary support remain
collectible and are not extinguished when a final decree is entered unless the
decree contains specific language to the contrary. A support debt under a
temporary order owed to the state for public assistance expenditures shall not
be extinguished by the final decree if:
(a) The obligor was
given notice of the state's interest under chapter 74.20A RCW; or
(b) The temporary order
directs the obligor to make support payments to the office of support
enforcement or the Washington state support registry.
Sec. 27. RCW 26.09.300 and 1984 c
263 s 28 are each amended to read as follows:
(1) Whenever a
restraining order is issued under this chapter, and the person to be restrained
knows of the order, a violation of the provisions restricting the person from
acts or threats of violence or of a provision excluding the person from the
residence, workplace, school, or daycare of another is a misdemeanor.
(2) A person is deemed
to have notice of a restraining order if:
(a) The person to be
restrained or the person's attorney signed the order;
(b) The order recites
that the person to be restrained or the person's attorney appeared in person
before the court;
(c) The order was
served upon the person to be restrained; or
(d) The peace officer
gives the person oral or written evidence of the order by reading from it or
handing to the person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the clerk of the
court.
(3) A peace officer
shall verify the existence of a restraining order by:
(a) Obtaining
information confirming the existence and terms of the order from a law
enforcement agency; or
(b) Obtaining a
certified copy of the order, certified to be an accurate copy of the original
by a notary public or by the clerk of the court.
(4) A peace officer
shall arrest and take into custody, pending release on bail, personal
recognizance, or court order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order
has been issued under this chapter;
(b) The respondent or
person to be restrained knows of the order; and
(c) The person to be
arrested has violated the terms of the order restraining the person from acts
or threats of violence or excluding the person from the residence.
(5) It is a defense to
prosecution under subsection (1) of this section that the court order was
issued contrary to law or court rule.
(6) No peace officer
may be held criminally or civilly liable for making an arrest under subsection
(4) of this section if the officer acts in good faith and without malice.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*Sec. 28. RCW 26.10.040 and
1994 sp.s. c 7 s 453 are each amended to read as follows:
In entering an order
under this chapter, the court shall consider, approve, or make provision for:
(1) Child custody,
visitation, and the support of any child entitled to support;
(2) The allocation
of the children as a federal tax exemption; ((and))
(3) Any necessary
continuing restraining orders, including the provisions contained in RCW
9.41.800;
(4) A domestic
violence protection order under chapter 26.50 RCW or an antiharassment
protection order under chapter 10.14 RCW. The court may grant any of the
relief provided in RCW 26.50.060 except relief pertaining to residential
provisions for the children which provisions shall be provided for under this
chapter, and any of the relief provided in RCW 10.14.080;
(5) Restraining
orders issued under this section restraining the person from molesting or
disturbing another party or from going onto the grounds of or entering the
home, workplace, or school of the other party or the day care or school of any
child shall prominently bear on the front page of the order the legend:
VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;
(6)
The court shall order that any restraining order bearing a criminal offense
legend, any domestic violence protection order, or any antiharassment
protection 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 into any computer-based criminal
intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. The order is fully enforceable in any
county in the state.
*Sec.
28 was vetoed. See message at end of chapter.
Sec. 29. RCW 26.10.115 and 1994
sp.s. c 7 s 454 are each amended to read as follows:
(1) In a proceeding
under this chapter either party may file a motion 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 amount requested.
(2) In a proceeding
under this chapter either party may file a motion for a temporary restraining
order or preliminary injunction, providing relief proper in the circumstances,
and restraining or enjoining any person from:
(a) Molesting or
disturbing the peace of the other party or of any child;
(b) Entering the family
home or the home of the other party upon a showing of the necessity therefor;
(c) Removing a child
from the jurisdiction of the court.
(3) Either party may
request a domestic violence protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on a temporary basis.
The court may grant any of the relief provided in RCW 26.50.060 except relief
pertaining to residential provisions for the children which provisions shall be
provided for under this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall be effective for
a fixed period not to exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary motions in the case
can be heard at the same time.
(4) In issuing
the order, the court shall consider the provisions of RCW 9.41.800.
(((4))) (5)
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.
(((5))) (6)
The court may issue a temporary restraining order or preliminary injunction and
an order for temporary support in such amounts and on such terms as are just
and proper in the circumstances.
(((6))) (7)
Restraining orders issued under this section restraining the person from
molesting or disturbing another party or from ((entering a party's home))
going onto the grounds of or entering the home, workplace, or school of the
other party or the day care or school of any child shall prominently
bear on the front page of the order the legend: VIOLATION OF THIS ORDER
WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND
WILL SUBJECT A VIOLATOR TO ARREST.
(((7))) (8)
The court ((may)) shall order that any temporary restraining
order bearing a criminal offense legend, any domestic violence protection
order, or any antiharassment protection 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.
(((8))) (9)
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 order is entered or when the motion is dismissed;
(d) May be entered in a
proceeding for the modification of an existing order.
(((9))) (10)
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.
Sec. 30. RCW 26.10.220 and 1987 c
460 s 50 are each amended to read as follows:
(1) Whenever a
restraining order is issued under this chapter, and the person to be restrained
knows of the order, a violation of the provisions restricting the person from
acts or threats of violence or of a provision excluding the person from the
residence, workplace, school, or daycare of another is a misdemeanor.
(2) A person is deemed
to have notice of a restraining order if:
(a) The person to be
restrained or the person's attorney signed the order;
(b) The order recites
that the person to be restrained or the person's attorney appeared in person
before the court;
(c) The order was
served upon the person to be restrained; or
(d) The peace officer
gives the person oral or written evidence of the order by reading from it or
handing to the person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the clerk of the
court.
(3) A peace officer
shall verify the existence of a restraining order by:
(a) Obtaining
information confirming the existence and terms of the order from a law
enforcement agency; or
(b) Obtaining a
certified copy of the order, certified to be an accurate copy of the original
by a notary public or by the clerk of the court.
(4) A peace officer
shall arrest and take into custody, pending release on bail, personal
recognizance, or court order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order
has been issued under this chapter;
(b) The respondent or
person to be restrained knows of the order; and
(c) The person to be
arrested has violated the terms of the order restraining the person from acts
or threats of violence or excluding the person from the residence.
(5) It is a defense to
prosecution under subsection (1) of this section that the court order was
issued contrary to law or court rule.
(6) No peace officer
may be held criminally or civilly liable for making an arrest under subsection
(4) of this section if the officer acts in good faith and without malice.
Sec. 31. RCW 26.26.130 and 1994
sp.s. c 7 s 455 are each amended to read as follows:
(1) The judgment and
order of the court determining the existence or nonexistence of the parent and
child relationship shall be determinative for all purposes.
(2) If the judgment and
order of the court is at variance with the child's birth certificate, the court
shall order that an amended birth certificate be issued.
(3) The judgment and
order shall contain other appropriate provisions directed to the appropriate
parties to the proceeding, concerning the duty of current and future support,
the extent of any liability for past support furnished to the child if that
issue is before the court, the furnishing of bond or other security for the
payment of the judgment, or any other matter in the best interest of the
child. The judgment and order may direct the father to pay the reasonable
expenses of the mother's pregnancy and confinement. The judgment and order may
include a continuing restraining order or injunction. In issuing the order,
the court shall consider the provisions of RCW 9.41.800.
(4) Support judgment
and orders shall be for periodic payments which may vary in amount. The court
may limit the father's liability for the past support to the child to the
proportion of the expenses already incurred as the court deems just. The court
shall not limit or affect in any manner the right of nonparties including the
state of Washington to seek reimbursement for support and other services previously
furnished to the child.
(5) After considering
all relevant factors, the court shall order either or both parents to pay an
amount determined pursuant to the schedule and standards contained in chapter
26.19 RCW.
(6) On the same basis
as provided in chapter 26.09 RCW, the court shall make residential provisions
with regard to minor children of the parties, except that a parenting plan
shall not be required unless requested by a party.
(7) In any dispute
between the natural parents of a child and a person or persons who have (a)
commenced adoption proceedings or who have been granted an order of adoption,
and (b) pursuant to a court order, or placement by the department of social and
health services or by a licensed agency, have had actual custody of the child
for a period of one year or more before court action is commenced by the
natural parent or parents, the court shall consider the best welfare and
interests of the child, including the child's need for situation stability, in
determining the matter of custody, and the parent or person who is more fit
shall have the superior right to custody.
(8) In entering an
order under this chapter, the court may issue any necessary continuing
restraining orders, including the restraint provisions of domestic violence
protection orders under chapter 26.50 RCW or antiharassment protection orders
under chapter 10.14 RCW.
(9) Restraining
orders issued under this section restraining the person from molesting or
disturbing another party or from going onto the grounds of or entering the
home, workplace, or school of the other party or the day care or school of any
child shall prominently bear on the front page of the order the legend:
VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(10) The court shall
order that any restraining order bearing a criminal offense legend, any
domestic violence protection order, or any antiharassment protection 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 into any computer-based criminal intelligence
information system available in this state used by law enforcement agencies to
list outstanding warrants. The order is fully enforceable in any county in the
state.
Sec. 32. RCW 26.26.137 and 1994
sp.s. c 7 s 456 are each amended to read as follows:
(1) If the court has
made a finding as to the paternity of a child, or if a party's acknowledgment
of paternity has been filed with the court, or a party alleges he is the father
of the child, any party may move for temporary support for the child prior to
the date of entry of the final order. The motion shall be accompanied by an
affidavit setting forth the factual basis for the motion and the amounts
requested.
(2) Any 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 party from:
(a) Molesting or
disturbing the peace of another party;
(b) ((Entering the
home)) Going onto the grounds of or entering the home, workplace, or
school of another party or the day care or school of any child; or
(c) Removing a child
from the jurisdiction of the court.
(3) Either party may
request a domestic violence protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on a temporary basis.
The court may grant any of the relief provided in RCW 26.50.060 except relief
pertaining to residential provisions for the children which provisions shall be
provided for under this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall be effective for
a fixed period not to exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary motions in the case
can be heard at the same time.
(4) Restraining
orders issued under this section restraining the person from molesting or
disturbing another party or from going onto the grounds of or entering the
home, workplace, or school of the other party or the day care or school of any
child shall prominently bear on the front page of the order the legend:
VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(5) The court shall
order that any temporary restraining order bearing a criminal offense legend,
any domestic violence protection order, or any antiharassment protection 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 into any computer-based criminal intelligence
information system available in this state used by law enforcement agencies to
list outstanding warrants. The order is fully enforceable in any county in the
state.
(6) 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))) (7)
The court may issue a temporary restraining order or preliminary injunction and
an order for temporary support in such amounts and on such terms as are just
and proper in the circumstances. In issuing the order, the court shall
consider the provisions of RCW 9.41.800.
(((5))) (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 order is entered or when the petition is dismissed; and
(d) May be entered in a
proceeding for the modification of an existing order.
(((6))) (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.
NEW SECTION. Sec.
33. A new section is added
to chapter 26.26 RCW to read as follows:
(1) Whenever a
restraining order is issued under this chapter, and the person to be restrained
knows of the order, a violation of the provisions restricting the person from
acts or threats of violence or of a provision excluding the person from the
residence, workplace, school, or daycare of another is a misdemeanor.
(2) A person is deemed
to have notice of a restraining order if:
(a) The person to be restrained
or the person's attorney signed the order;
(b) The order recites
that the person to be restrained or the person's attorney appeared in person
before the court;
(c) The order was
served upon the person to be restrained; or
(d) The peace officer
gives the person oral or written evidence of the order by reading from it or
handing to the person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer
shall verify the existence of a restraining order by:
(a) Obtaining
information confirming the existence and terms of the order from a law
enforcement agency; or
(b) Obtaining a
certified copy of the order, certified to be an accurate copy of the original
by a notary public or by the clerk of the court.
(4) A peace officer
shall arrest and take into custody, pending release on bail, personal
recognizance, or court order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order
has been issued under this chapter;
(b) The respondent or
person to be restrained knows of the order; and
(c) The person to be
arrested has violated the terms of the order restraining the person from acts
or threats of violence or excluding the person from the residence.
(5) It is a defense to
prosecution under subsection (1) of this section that the court order was
issued contrary to law or court rule.
(6) No peace officer
may be held criminally or civilly liable for making an arrest under subsection
(4) of this section if the officer acts in good faith and without malice.
Sec. 34. RCW 4.24.130 and 1992 c
30 s 1 are each amended to read as follows:
(1) Any person
desiring a change of his or her name or that of his or her child or ward, may
apply therefor to the district court of the judicial district in which he or
she resides, by petition setting forth the reasons for such change; thereupon
such court in its discretion may order a change of the name and thenceforth the
new name shall be in place of the former.
The district court
shall collect the fees authorized by RCW 36.18.010 for filing and recording a
name change order, and transmit the fee and the order to the county auditor.
The court may collect a reasonable fee to cover the cost of transmitting the
order to the county auditor.
(2) Name change
petitions may be filed and shall be heard in superior court when the person
desiring a change of his or her name or that of his or her child or ward is a
victim of domestic violence as defined in RCW 26.50.010(1) and the person seeks
to have the name change file sealed due to reasonable fear for his or her
safety or that of his or her child or ward. Upon granting the name change, the
superior court shall seal the file if the court finds that the safety of the
person seeking the name change or his or her child or ward warrants sealing the
file. In all cases filed under this subsection, whether or not the name change
petition is granted, there shall be no public access to any court record of the
name change filing, proceeding, or order, unless the name change is granted but
the file is not sealed.
NEW SECTION. Sec.
35. A new section is added
to chapter 10.14 RCW to read as follows:
Any order available
under this chapter may be issued in actions under chapter 26.09, 26.10, or
26.26 RCW. An order available under this chapter that is issued under those
chapters shall be fully enforceable and shall be enforced pursuant to the
provisions of this chapter.
Sec. 36. RCW 10.14.080 and 1994
sp.s. c 7 s 448 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 days or twenty-four days if the court has permitted
service by publication under RCW 10.14.085. The ex parte order may be
reissued. A full hearing, as provided in this chapter, shall be set for not
later than fourteen days from the issuance of the temporary order or not later
than twenty-four days if service by publication is permitted. Except as
provided in RCW 10.14.070 and 10.14.085, 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.
(4) An order issued
under this chapter shall be effective for not more than one year unless the
court finds that the respondent is likely to resume unlawful harassment of the
petitioner when the order expires. If so, the court may enter an order for a
fixed time exceeding one year or may enter a permanent antiharassment
protection order. The court shall not enter an order that is effective for
more than one year if the order restrains the respondent from contacting the
respondent's minor children. This limitation is not applicable to civil
antiharassment protection orders issued under chapter 26.09, 26.10, or 26.26
RCW. If the petitioner seeks relief for a period longer than one year on
behalf of the respondent's minor children, the court shall advise the
petitioner that the petitioner may apply for renewal of the order as provided
in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or
26.10 RCW.
(5) 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 petition for renewal. The petition for
renewal shall state the reasons why the petitioner seeks to renew the
protection order. Upon receipt of the petition for renewal, the court shall
order a hearing which shall be not later than fourteen days from the date of
the order. Except as provided in RCW 10.14.085, personal service shall be made
upon the respondent not less than five days before the hearing. If timely
service cannot be made the court shall set a new hearing date and shall either
require additional attempts at obtaining personal service or permit service by
publication as provided by RCW 10.14.085. If the court permits service by
publication, the court shall set the new hearing date not later than
twenty-four days from the date of the order. If the order expires because
timely service cannot be made the court shall grant an ex parte order of protection
as provided in this section. The court shall grant the petition for renewal
unless the respondent proves by a preponderance of the evidence that the
respondent will not resume harassment of the petitioner when the order
expires. The court may renew the protection order for another fixed time
period or may enter a permanent order as provided in subsection (4) of this
section.
(6) 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;
(c) Requiring the
respondent to stay a stated distance from the petitioner's residence and
workplace; and
(d) Considering the
provisions of RCW 9.41.800.
(7) 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.
(8) The court order
shall specify the date an order issued pursuant to subsections (4) and (5) of
this section expires if any. The court order shall also state whether the
court issued the protection order following personal service or service by
publication and whether the court has approved service by publication of an
order issued under this section.
Sec. 37. RCW 36.18.010 and 1991 c
26 s 2 are each amended to read as follows:
County auditors or
recording officers shall collect the following fees for their official
services:
For recording
instruments, for the first page, legal size (eight and one-half by fourteen
inches or less), five dollars; for each additional legal size page, one dollar;
the fee for recording multiple transactions contained in one instrument will be
calculated individually for each transaction requiring separate indexing as
required under RCW 65.04.050;
For preparing and
certifying copies, for the first legal size page, three dollars; for each
additional legal size page, one dollar;
For preparing
noncertified copies, for each legal size page, one dollar;
For administering an
oath or taking an affidavit, with or without seal, two dollars;
For issuing a marriage
license, eight dollars, (this fee includes taking necessary affidavits, filing
returns, indexing, and transmittal of a record of the marriage to the state
registrar of vital statistics) plus an additional five-dollar fee for use and
support of the prevention of child abuse and neglect activities to be
transmitted monthly to the state treasurer and deposited in the state general
fund((, which five-dollar fee shall expire June 30, 1995,)) plus an
additional ten-dollar fee to be transmitted monthly to the state treasurer and
deposited in the state general fund. The legislature intends to appropriate an
amount at least equal to the revenue generated by this fee for the purposes of
the displaced homemaker act, chapter 28B.04 RCW;
For searching records
per hour, eight dollars;
For recording plats, fifty
cents for each lot except cemetery plats for which the charge shall be
twenty-five cents per lot; also one dollar for each acknowledgment, dedication,
and description: PROVIDED, That there shall be a minimum fee of twenty-five
dollars per plat;
For recording of
miscellaneous records, not listed above, for first legal size page, five
dollars; for each additional legal size page, one dollar;
For modernization and
improvement of the recording and indexing system, a surcharge as provided in
RCW 36.22.170.
NEW SECTION. Sec.
38. The office of the
administrator for the courts shall report to the appropriate standing
committees of the legislature at the beginning of the 1996 legislative session
on the status of the work required under section 18 of this act.
NEW SECTION. Sec.
39. Section 37 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately.
NEW SECTION. Sec.
40. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
