AN ACT Relating to
protection orders for unlawful harassment; amending RCW 10.14.020, 10.14.120,
10.14.170, and 7.21.030; reenacting and amending RCW 10.14.040; and creating a
new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that unlawful harassment directed at a child by a person under the age of
eighteen is not acceptable and can have serious consequences. The legislature
further finds that some interactions between minors, such as "schoolyard
scuffles," though not to be condoned, may not rise to the level of
unlawful harassment. It is the intent of the legislature that a protection
order sought by the parent or guardian of a child as provided for in this
chapter be available only when the alleged behavior of the person under the age
of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW.
Sec. 2. RCW 10.14.020 and 1999 c
27 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) "Unlawful
harassment" means a knowing and willful course of conduct directed at a
specific person which seriously alarms, annoys, harasses, or is detrimental to
such person, and which serves no legitimate or lawful purpose. The course of
conduct shall be such as would cause a reasonable person to suffer substantial
emotional distress, and shall actually cause substantial emotional distress to
the petitioner, or, when the course of conduct ((is contact by a person over
age eighteen that)) would cause a reasonable parent to fear for the
well-being of their child.
(2) "Course of
conduct" means a pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
"Course of conduct" includes, in addition to any other form of
communication, contact, or conduct, the sending of an electronic
communication. Constitutionally protected activity is not included within the
meaning of "course of conduct."
Sec. 3. RCW 10.14.040 and 1995 c
292 s 2 and 1995 c 127 s 2 are each reenacted and amended to read as follows:
There shall exist an
action known as a petition for an order for protection in cases of unlawful
harassment.
(1) A petition for
relief shall allege the existence of harassment and shall be accompanied by an
affidavit made under oath stating the specific facts and circumstances from
which relief is sought.
(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.
(3) All court clerks'
offices shall make available simplified forms and instructional brochures. 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) Filing fees are set
in RCW 36.18.020, but no filing fee may be charged for 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. 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.
(6) The parent or
guardian of a child under age eighteen may petition for an order of protection
to restrain a person ((over)) age eighteen years or over from
contact with that child upon a showing that contact with the person to be
enjoined is detrimental to the welfare of the child.
(7) The parent or
guardian of a child under the age of eighteen may petition in superior court
for an order of protection to restrain a person under the age of eighteen years
from contact with that child only in cases where the person to be restrained
has been adjudicated of an offense against the child protected by the order, or
is under investigation or has been investigated for such an offense. In
issuing a protection order under this subsection, the court shall consider,
among the other facts of the case, the severity of the alleged offense, any
continuing physical danger or emotional distress to the alleged victim, and the
expense, difficulty, and educational disruption that would be caused by a
transfer of the alleged offender to another school. The court may order that
the person restrained in the order not attend the public or approved private
elementary, middle, or high school attended by the person under the age of
eighteen years protected by the order. In the event that the court orders a
transfer of the restrained person to another school, the parents or legal
guardians of the person restrained in the order are responsible for
transportation and other costs associated with the change of school by the
person restrained in the order. The court shall send notice of the restriction
on attending the same school as the person protected by the order to the public
or approved private school the person restrained by the order will attend and
to the school the person protected by the order attends.
Sec. 4. RCW 10.14.120 and 1989 c
373 s 14 are each amended to read as follows:
Any willful disobedience
by ((the respondent)) a respondent age eighteen years or over of
any temporary antiharassment protection order or civil antiharassment
protection order issued under this chapter subjects the respondent to criminal
penalties under this chapter. Any respondent age eighteen years or over
who willfully disobeys the terms of any order issued under this chapter may
also, in the court's discretion, be found in contempt of court and subject to
penalties under chapter 7.21 RCW. Any respondent under the age of eighteen
years who willfully disobeys the terms of an order issued under this chapter
may, in the court's discretion, be found in contempt of court and subject to
the sanction specified in RCW 7.21.030(4).
Sec. 5. RCW 10.14.170 and 1987 c
280 s 17 are each amended to read as follows:
Any respondent age
eighteen years or over who willfully disobeys any civil
antiharassment protection order issued pursuant to this chapter shall be guilty
of a gross misdemeanor.
Sec. 6. RCW 7.21.030 and 1998 c
296 s 36 are each amended to read as follows:
(1) The court may
initiate a proceeding to impose a remedial sanction on its own motion or on the
motion of a person aggrieved by a contempt of court in the proceeding to which
the contempt is related. Except as provided in RCW 7.21.050, the court, after
notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds
that the person has failed or refused to perform an act that is yet within the
person's power to perform, the court may find the person in contempt of court
and impose one or more of the following remedial sanctions:
(a) Imprisonment if the
contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The
imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to
exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed
to ensure compliance with a prior order of the court.
(d) Any other remedial
sanction other than the sanctions specified in (a) through (c) of this
subsection if the court expressly finds that those sanctions would be
ineffectual to terminate a continuing contempt of court.
(e) In cases under
chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a
period of time not to exceed seven days. This sanction may be imposed in
addition to, or as an alternative to, any other remedial sanction authorized by
this chapter. This remedy is specifically determined to be a remedial sanction.
(3) The court may, in
addition to the remedial sanctions set forth in subsection (2) of this section,
order a person found in contempt of court to pay a party for any losses
suffered by the party as a result of the contempt and any costs incurred in
connection with the contempt proceeding, including reasonable attorney's fees.
(4) If
the court finds that a person under the age of eighteen years has willfully
disobeyed the terms of an order issued under chapter 10.14 RCW, the court may
find the person in contempt of court and may, as a sole sanction for such
contempt, commit the person to juvenile detention for a period of time not to
exceed seven days.
