BP BHEAD INT S [atlas:bill]

AN ACT Relating to domestic violence; and amending RCW 26.50.160, 26.50.135, 26.26.137, and 26.50.025.

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

Sec. 1. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

Notwithstanding any statutes to the contrary, to prevent the issuance of competing protection and custody orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

(1) The names of the parties and ((~~the cause number~~)) other relevant information necessary as determined by the judicial information system committee for every order of protection issued under this title, every criminal no-contact order issued under chapter 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, involving either minor children or a restraining order wherein the court restricts personal contact every third-party custody action under chapter 26.10 RCW, ((~~and~~)) every parentage action under chapter ((~~26.10~~)) 26.26 RCW upon entry of the final judgment and order, every child custody action under chapter 26.27 RCW, every dependency and termination of parent-child relationship action under chapter 13.34 RCW, and every at-risk youth and child in need of services action under chapter 13.32A RCW in which a residential placement decision is made; and

(2) A criminal case history of the parties((~~; and~~

~~(3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee~~)).

Collecting information and entering it in the judicial information system under this section does not constitute the practice of law, and clerks are not responsible for incorrect or incomplete information provided by the litigants and entered in the judicial information system. County clerks are not liable for unauthorized release of information outside their office by court personnel. Sharing this information with other courts in the state of Washington does not violate statutory confidentiality restrictions, provided that juvenile dependency records covered by RCW 13.50.100 may be shared only among superior courts.

Sec. 2. RCW 26.50.135 and 1995 c 246 s 19 are each amended to read as follows:

(1) Notwithstanding any statutes to the contrary, before granting an order under this chapter directing residential placement of a child or restraining or limiting a party's contact with a child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested. Providing to the court judicial information from the judicial information system under this section does not constitute the practice of law by the clerks, and clerks are not responsible for incorrect information. County clerks are not liable for unauthorized release of court information outside their office by court personnel. Sharing information from the judicial information system with other courts in the state of Washington does not violate statutory confidentiality restrictions; however, juvenile dependency records covered by RCW 13.50.100 may be shared only among superior courts.

(2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties shall be governed by the uniform child custody jurisdiction act, chapter 26.27 RCW.

Sec. 3. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

(a) Molesting or disturbing the peace of another party;

(b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; or

(c) Removing a child from the jurisdiction of the court. Orders issued under this subsection will not be entered into the judicial information system.

(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. However, until final judgment is entered, domestic violence protection orders and antiharassment protection orders will be filed as separate civil causes of action. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

(4) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(6) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(7) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(8) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(d) May be entered in a proceeding for the modification of an existing order.

(9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

Sec. 4. RCW 26.50.025 and 1995 c 246 s 2 are each amended to read as follows:

(1) Any order available under this chapter may be issued in actions under chapter 26.09, 26.10, or 26.26 RCW after entry of the judgment and order determining the parent and child relationship. If an order for protection is issued in an action under chapter 26.09, 26.10, or 26.26 RCW, the order shall be issued on the forms mandated by RCW 26.50.035(1). An order issued in accordance with this subsection is fully enforceable and shall be enforced under the provisions of this chapter.

(2) If a party files an action under chapter 26.09, 26.10, or 26.26 RCW, an order issued previously under this chapter between the same parties may be consolidated by the court under that action and cause number. Any order issued under this chapter after consolidation shall contain the original cause number and the cause number of the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this chapter shall not be denied or delayed on the grounds that the relief is available in another action.