Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Juvenile Justice

 

HB 1041

 

Brief Description:  Allowing protection orders for unlawful harassment to restrain persons under the age of eighteen.

 

Sponsors:  Representatives Ballasiotes, O'Brien, Lambert, Ruderman, Woods and Hurst.

 

Brief Summary of Bill

 

$Authorizes a parent to petition the court for a civil anti-harassment protection order restraining a person under the age of 18 from contact with his or her child.

 

 

Hearing Date:  1/30/01

 

Staff:  Jean Ann Quinn (786‑7310).

 

Background: 

 

A person being unlawfully harassed by another may petition the court for a civil anti-harassment protection order.   Unlawful harassment means a knowing and wilful course of conduct aimed at a specific person that seriously alarms, annoys, harasses, or is detrimental to that person and serves no legitimate purpose.  If the court finds, by a preponderance of the evidence, that unlawful harassment exists, the court must grant an order to the petitioner prohibiting the respondent from engaging in such harassment.

 

The parent or guardian of a child under the age of 18 may petition for an anti-harassment order restraining a person over the age of 18 from contact with that child upon a showing that such contact is detrimental to the welfare of the child.  The statute does not authorize a parent to petition on behalf of child when the alleged harasser is 18 or under.

 

Any person who willfully violates a civil anti-harassment protection order is guilty of a gross misdemeanor and may be held in contempt of court.

 

 

Summary of Bill: 

 

The parent or guardian of a child under the age of 18 may petition the court for an anti-harassment order restraining a person of any age from contact with the child.  It is not a requirement that the alleged harasser be over the age of 18.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Appropriation:  None.

 

Fiscal Note:  Not Requested.