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.
