H-1197              _______________________________________________

                                                   HOUSE BILL NO. 1694

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Nutley, Brough, Locke, Belcher, Wineberry, P. King, Anderson and Spanel

Read first time 2/3/89 and referred to Committee on Judiciary.

AN ACT Relating to the prevention of domestic violence; and amending RCW 26.50.010 and 26.50.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 263, Laws of 1984 and RCW 26.50.010 are each amended to read as follows:

          As used in this chapter, the following terms shall have the meanings given them:

          (1) "Domestic violence" means:  (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; or (b) sexual assault of one family or household member by another.

          (2) "Family or household members" means spouses, former spouses, adult persons related by blood or marriage, persons who are presently residing together, or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

          (3) "Court" includes the superior, district, and municipal courts of the state of Washington.

          (4) "Judicial day" does not include Saturdays, Sundays, or legal holidays.

(5) "Harassment" means an intentional or knowing course of conduct directed at a specific person which seriously alarms, annoys, or harasses such person, which serves no legitimate or lawful purpose, which would cause a reasonable person to suffer substantial emotional distress, and which actually causes substantial emotional distress to the petitioner, including but not limited to:

(a) Creating a disturbance at petitioner's place of employment;

(b) Telephoning petitioner's place of employment, home, or residence;

(c) Following petitioner about in a public place or places;

(d) Keeping petitioner under surveillance by remaining outside his or her home, school, place of employment, vehicle, or other place occupied by petitioner or by peering in petitioner's windows;

(e) Threatening to improperly remove a child of petitioner's from the jurisdiction, improperly concealing that child from petitioner, or making a single such threat following an actual or attempted  improper removal or concealment; and

(f) Threatening physical force, confinement, or restraint on one or more occasions.

(6) "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.  Constitutionally protected activity is not included within the meaning of "course of conduct."

        Sec. 2.  Section 7, chapter 263, Laws of 1984 as last amended by section 55, chapter 460, Laws of 1987 and RCW 26.50.060 are each amended to read as follows:

          (1) Upon notice and after hearing, the court may provide relief as follows:

          (a) Restrain a party from committing acts of domestic violence;

          (b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

          (c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties.  However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

          (d) Order the respondent to participate in treatment or counseling services;

          (e) Order relief from harassment or such other relief as it deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter; and

          (f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.  If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense.

          (2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.

          (3) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.