AN ACT Relating to
protection orders; amending RCW 10.14.040, 10.14.100, 10.14.125, and 26.50.125;
and adding a new section to chapter 10.14 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 10.14.040 and 2001 c
260 s 3 are each 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 or as provided in section 2 of
this act. 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 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.
NEW SECTION. Sec.
2. A new section is added
to chapter 10.14 RCW to read as follows:
No fees for filing or
service of process may be charged by a public agency to petitioners seeking
relief under this chapter from a person who has stalked them as that term is
defined in RCW 9A.46.110, or from a person who has engaged in conduct that
would constitute a sex offense as defined in RCW 9A.44.130, or from a person
who is a family or household member as defined in RCW 26.50.010(2) who has
engaged in conduct that would constitute domestic violence as defined in RCW
26.50.010(1).
Sec. 3. RCW 10.14.100 and 2001 c
311 s 2 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 (5) and (7) 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 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.
(4) Returns of service
under this chapter shall be made in accordance with the applicable court rules.
(5) 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. The court's order, entered after a hearing, need not be
served on a respondent who fails to appear before the court, if material terms
of the order have not changed from those contained in the temporary order, and
it is shown to the court's satisfaction that the respondent has previously been
personally served with the temporary order.
(6) Except in cases
where the petitioner has fees waived under section 2 of this act or is
granted leave to proceed in forma pauperis, municipal police departments
serving documents as required under this chapter may collect the same fees for
service and mileage authorized by RCW 36.18.040 to be collected by sheriffs.
(7) If the court previously
entered an order allowing service by publication of the notice of hearing and
temporary order of protection pursuant to RCW 10.14.085, the court may permit
service by publication of the order of protection issued under RCW 10.14.080.
Service by publication must comply with the requirements of RCW 10.14.085.
Sec. 4. RCW 10.14.125 and 1992 c
143 s 18 are each amended to read as follows:
The court may permit
service by publication under this chapter only if the petitioner pays the cost
of publication or if the petitioner's costs have been waived pursuant to
section 2 of this act, unless the county legislative authority allocates
funds for service of process by publication for petitioners who are granted
leave to proceed in forma pauperis.
Sec. 5. RCW 26.50.125 and 1995 c
246 s 17 are each amended to read as follows:
Except
as provided in section 2 of this act, 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.
