AN
ACT Relating to service of orders in harassment matters; and amending RCW
10.14.080 and 10.14.100.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.14.080 and 1995 c 246 s 36 are each amended to read as follows:
(1)
Upon filing a petition for a civil antiharassment protection order under this
chapter, the petitioner may obtain an ex parte temporary antiharassment
protection order. An ex parte temporary antiharassment protection order may be
granted with or without notice upon the filing of an affidavit which, to the
satisfaction of the court, shows reasonable proof of unlawful harassment of the
petitioner by the respondent and that great or irreparable harm will result to
the petitioner if the temporary antiharassment protection order is not granted.
(2)
An ex parte temporary antiharassment protection order shall be effective for a
fixed period not to exceed fourteen days or twenty-four days if the court has
permitted service by publication under RCW 10.14.085. The ex parte order may
be reissued. A full hearing, as provided in this chapter, shall be set for not
later than fourteen days from the issuance of the temporary order or not later
than twenty-four days if service by publication is permitted. Except as
provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally
served with a copy of the ex parte order along with a copy of the petition and
notice of the date set for the hearing. The ex parte order and notice of
hearing shall include at a minimum the date and time of the hearing set by the
court to determine if the temporary order should be made effective for one year
or more, and notice that if the respondent should fail to appear or otherwise
not respond, an order for protection will be issued against the respondent
pursuant to the provisions of this chapter, for a minimum of one year from the
date of the hearing. The notice shall also include a brief statement of the
provisions of the ex parte order and notify the respondent that a copy of the
ex parte order and notice of hearing has been filed with the clerk of the
court.
(3)
At the hearing, if the court finds by a preponderance of the evidence that
unlawful harassment exists, a civil antiharassment protection order shall issue
prohibiting such unlawful harassment.
(4)
An order issued under this chapter shall be effective for not more than one
year unless the court finds that the respondent is likely to resume unlawful
harassment of the petitioner when the order expires. If so, the court may
enter an order for a fixed time exceeding one year or may enter a permanent
antiharassment protection order. The court shall not enter an order that is
effective for more than one year if the order restrains the respondent from
contacting the respondent's minor children. This limitation is not applicable
to civil antiharassment protection orders issued under chapter 26.09, 26.10, or
26.26 RCW. If the petitioner seeks relief for a period longer than one year on
behalf of the respondent's minor children, the court shall advise the
petitioner that the petitioner may apply for renewal of the order as provided
in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or
26.10 RCW.
(5)
At any time within the three months before the expiration of the order, the
petitioner may apply for a renewal of the order by filing a petition for
renewal. The petition for renewal shall state the reasons why the petitioner
seeks to renew the protection order. Upon receipt of the petition for renewal,
the court shall order a hearing which shall be not later than fourteen days
from the date of the order. Except as provided in RCW 10.14.085, personal service
shall be made upon the respondent not less than five days before the hearing.
If timely service cannot be made the court shall set a new hearing date and
shall either require additional attempts at obtaining personal service or
permit service by publication as provided by RCW 10.14.085. If the court
permits service by publication, the court shall set the new hearing date not
later than twenty-four days from the date of the order. If the order expires
because timely service cannot be made the court shall grant an ex parte order
of protection as provided in this section. The court shall grant the petition
for renewal unless the respondent proves by a preponderance of the evidence
that the respondent will not resume harassment of the petitioner when the order
expires. The court may renew the protection order for another fixed time
period or may enter a permanent order as provided in subsection (4) of this
section.
(6)
The court, in granting an ex parte temporary antiharassment protection order or
a civil antiharassment protection order, shall have broad discretion to grant
such relief as the court deems proper, including an order:
(a)
Restraining the respondent from making any attempts to contact the petitioner;
(b)
Restraining the respondent from making any attempts to keep the petitioner
under surveillance;
(c)
Requiring the respondent to stay a stated distance from the petitioner's
residence and workplace; and
(d)
Considering the provisions of RCW 9.41.800.
(7)
A petitioner may not obtain an ex parte temporary antiharassment protection
order against a respondent if the petitioner has previously obtained two such
ex parte orders against the same respondent but has failed to obtain the
issuance of a civil antiharassment protection order unless good cause for such
failure can be shown.
(8)
The court order shall specify the date an order issued pursuant to subsections
(4) and (5) of this section expires if any. The court order shall also state
whether the court issued the protection order following personal service or
service by publication and whether the court has approved service by
publication of an order issued under this section.
Sec.
2. RCW
10.14.100 and 1992 c 143 s 15 are each amended to read as follows:
(1)
An order issued under this chapter shall be personally served upon the
respondent, except as provided in subsections (5) and (7) of this section.
(2)
The sheriff of the county or the peace officers of the municipality in which
the respondent resides shall serve the respondent personally unless the
petitioner elects to have the respondent served by a private party.
(3)
If the sheriff or municipal peace officer cannot complete service upon the
respondent within ten days, the sheriff or municipal peace officer shall notify
the petitioner.
(4)
Returns of service under this chapter shall be made in accordance with the
applicable court rules.
(5)
If an order entered by the court recites that the respondent appeared in person
before the court, the necessity for further service is waived and proof of
service of that order is not necessary. The court's order, entered after a
hearing, need not be served on a respondent who fails to appear before the
court, if material terms of the order have not changed from those contained in
the temporary order, and it is shown to the court's satisfaction that the
respondent has previously been personally served with the temporary order.
(6)
Except in cases where the petitioner is granted leave to proceed in forma
pauperis, municipal police departments serving documents as required under this
chapter may collect the same fees for service and mileage authorized by RCW
36.18.040 to be collected by sheriffs.
(7)
If the court previously entered an order allowing service by publication of the
notice of hearing and temporary order of protection pursuant to RCW 10.14.085,
the court may permit service by publication of the order of protection issued
under RCW 10.14.080. Service by publication must comply with the requirements
of RCW 10.14.085.
