Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 2033

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.

Brief Summary of Bill

Provides that sexual assault protection orders may be permanent, rather than having a two year maximum.
Modifies the procedure for renewal of a sexual assault protection order to require renewal upon motion absent a showing by the respondent that the respondent will not engage in or attempt contact with the petitioner after the order expires.

Background:

Sexual Assault Protection Orders.

A person may petition for a sexual assault protection order if he or she has been subjected to one or more incidents of nonconsensual sexual conduct or penetration that gives rise to a reasonable fear of future dangerous acts. These orders provide a remedy for victims of sexual assault who do not qualify for a domestic violence protection order. A sexual assault protection order may restrain the respondent from having any contact with the victim, prohibit the respondent from certain places, and contain other relief as the court deems necessary for protection of the victim.

Duration and Renewal.

Upon petition, the court may issue an ex parte temporary protection order pending the hearing. The temporary order is effective for a fixed period not to exceed 14 days from the issuance of the temporary order. Final sexual assault protection orders are valid for a fixed time not to exceed two years.

Any sexual assault protection order, whether it is final or temporary, may be renewed one or more times. If the request for renewal is uncontested and no modification is sought, the order may be renewed on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason a renewal is being requested. If a motion for renewal is contested, the court must order a hearing for no more than 14 days from receipt of the motion, or 24 days if the court has allowed service by publication or mail.

Summary of Bill:

A final sexual assault protection order may be for a fixed period of time or be permanent.

The court must grant a motion for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not engage in or attempt physical or nonphysical contact with the petitioner after the order expires. The passage of time and compliance with the existing order are not, alone, sufficient to meet the burden of proof. A renewed order may be for a fixed time or may be permanent.