| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 2563
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to service of process in domestic violence cases.
Brief Description: Regarding service of process in domestic violence cases.
Sponsors: Representatives Upthegrove and Lantz.
Brief Summary of Bill |
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Hearing Date: 1/16/08
Staff: Lara Zarowsky (786-7123).
Background:
An order of protection is available to a petitioner who alleges the existence of domestic violence
by a respondent. The petitioner must provide an affidavit, submitted under oath, stating the
particular facts and circumstances giving rise to the request for an order of protection. A filing
fee may not be imposed for the submission of a petition, and the necessary number of certified
copies of the order are provided to a petitioner free of charge. A petition may be made
notwithstanding any other action pending between the parties, except in cases where the court
"realigns" the petitioner and respondent after finding that the original petitioner is the abuser and
the original respondent is the victim.
Upon receipt of a petition for protection, the court must schedule a hearing within 14 days. The
court may schedule a hearing by telephone in certain circumstances, provided that assurances of
the petitioner's identity are secured before the hearing is conducted.
Service
The respondent named in the petition must be personally served no less than five court days prior
to the hearing.
If timely personal service cannot be made, the court must set a new hearing date and either 1)
require "additional attempts" to serve the respondent personally, or 2) allow service on the
respondent to be made either by publication or through first class mail.
If the court permits service by publication or mail, the next hearing date must be set no later than
24 days from the date of the order. The court may issue a temporary ex parte order of protection
for the period of time pending a hearing.
Modification
The court may modify the terms of an existing order of protection pursuant to an application to
modify. The application must provide notice to all parties, and a hearing must be held before the
terms may be modified.
If an order is terminated or modified before the date it was set to expire, the court clerk must
send a true copy of the modified or terminated order to the law enforcement agency specified on
the modified or terminated order.
Summary of Bill:
The court must allow service by publication or mail after a mandatory second attempt to serve
the respondent by personal service has failed, unless the petitioner requests additional time to
attempt personal service.
Personal service upon the nonmoving party must be accomplished no less than five court days
before a hearing to modify an existing protection order.
If personal service cannot be accomplished, the court must allow notice of the modification
hearing to be served on the nonmoving party by publication or mail after a mandatory second
attempt to obtain personal service has failed, unless the moving party requests additional time to
attempt personal service.
If service by publication or mail is permitted, the court must set the modification hearing date no
later than 24 days from the date of the order permitting service by publication or mail.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.