HOUSE BILL REPORT

SB 6005

As Amended by the House

BYSenators Pullen and Talmadge

Protecting the victims of domestic violence.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 12, 1989

BACKGROUND:

A victim of domestic violence may petition the court for an order of protection against a person alleged to have abused the victim or members of the victim's family or household.  The court may order temporary relief requested ex parte without notice to the respondent if the petitioner alleges that irreparable injury could result unless the order is issued immediately, or relief for up to one year following notice and a hearing.

The statutes list the relief that the court can grant, including restraining a party from committing acts of domestic violence, excluding a party from a shared dwelling or the petitioner's residence, or restraining a party from interfering with the custody of minor children. The statute governing semi-permanent orders also allow courts to "order other relief as it deems necessary for the protection of a family or household member..."  No similar provision exists in the ex parte order statute.

Some courts have been reluctant to issue a general "no-contact order" which would restrain a party from having contact with the victim under either statute because neither statute expressly provides for the relief.

SUMMARY:

The statutes governing issuance of domestic violence protection orders are amended.  The court, following notice and hearing, may enter an order for up to one year restraining any party from having contact with the victim of domestic violence, the victim's children and household members.  The court, without notice and hearing, may issue a temporary order for up to 14 days, restraining any party from having contact with the victim of domestic violence, the victim's children and household members.  The court may not compromise a domestic violence case under the compromise of misdemeanor statute.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lonnie Johns-Brown, Washington Coalition for Sexual Assault Victims - National Organization for Women.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Clarifying the statute will end confusion about the court's power to issue a "no contact order" and provide needed protection.

House Committee - Testimony Against:      None Presented.