AN
ACT Relating to protection orders; amending RCW 10.14.040, 10.14.100,
10.14.125, and 26.50.125; and adding a new section to chapter 10.14 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.14.040 and 2001 c 260 s 3 are each amended to read as follows:
There
shall exist an action known as a petition for an order for protection in cases
of unlawful harassment.
(1)
A petition for relief shall allege the existence of harassment and shall be
accompanied by an affidavit made under oath stating the specific facts and
circumstances from which relief is sought.
(2)
A petition for relief may be made regardless of whether or not there is a
pending lawsuit, complaint, petition, or other action between the parties.
(3)
All court clerks' offices shall make available simplified forms and
instructional brochures. Any assistance or information provided by clerks
under this section does not constitute the practice of law and clerks are not
responsible for incorrect information contained in a petition.
(4)
Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a
petition filed in an existing action or under an existing cause number brought
under this chapter in the jurisdiction where the relief is sought or as
provided in section 2 of this act. Forms and instructional brochures shall
be provided free of charge.
(5)
A person is not required to post a bond to obtain relief in any proceeding
under this section.
(6)
The parent or guardian of a child under age eighteen may petition for an order
of protection to restrain a person age eighteen years or over from contact with
that child upon a showing that contact with the person to be enjoined is
detrimental to the welfare of the child.
(7)
The parent or guardian of a child under the age of eighteen may petition in
superior court for an order of protection to restrain a person under the age of
eighteen years from contact with that child only in cases where the person to
be restrained has been adjudicated of an offense against the child protected by
the order, or is under investigation or has been investigated for such an
offense. In issuing a protection order under this subsection, the court shall
consider, among the other facts of the case, the severity of the alleged
offense, any continuing physical danger or emotional distress to the alleged
victim, and the expense, difficulty, and educational disruption that would be
caused by a transfer of the alleged offender to another school. The court may
order that the person restrained in the order not attend the public or approved
private elementary, middle, or high school attended by the person under the age
of eighteen years protected by the order. In the event that the court orders a
transfer of the restrained person to another school, the parents or legal
guardians of the person restrained in the order are responsible for
transportation and other costs associated with the change of school by the
person restrained in the order. The court shall send notice of the restriction
on attending the same school as the person protected by the order to the public
or approved private school the person restrained by the order will attend and
to the school the person protected by the order attends.
NEW
SECTION. Sec. 2. A
new section is added to chapter 10.14 RCW to read as follows:
No
fees for filing or service of process may be charged by a public agency to
petitioners seeking relief under this chapter from a person who has stalked
them as that term is defined in RCW 9A.46.110, or from a person who has engaged
in conduct that would constitute a sex offense as defined in RCW 9A.44.130, or
from a person who is a family or household member as defined in RCW
26.50.010(2) who has engaged in conduct that would constitute domestic violence
as defined in RCW 26.50.010(1).
Sec.
3. RCW
10.14.100 and 2001 c 311 s 2 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 has fees waived under section 2 of this
act or 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.
Sec.
4. RCW
10.14.125 and 1992 c 143 s 18 are each amended to read as follows:
The
court may permit service by publication under this chapter only if the
petitioner pays the cost of publication or if the petitioner's costs have
been waived pursuant to section 2 of this act, unless the county
legislative authority allocates funds for service of process by publication for
petitioners who are granted leave to proceed in forma pauperis.
Sec.
5. RCW
26.50.125 and 1995 c 246 s 17 are each amended to read as follows:
Except
as provided in section 2 of this act, the court may permit service by
publication or by mail under this chapter only if the petitioner pays the cost
of publication or mailing unless the county legislative authority allocates
funds for service of process by publication or by mail for indigent petitioners.
