BILL REQ. #: H-4234.2
State of Washington | 60th Legislature | 2008 Regular Session |
Prefiled 01/08/08. Read first time 01/14/08. Referred to Committee on Judiciary.
AN ACT Relating to service of process in domestic violence cases; amending RCW 26.50.050 and 26.50.130; and adding a new section to chapter 26.50 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 26.50 RCW
to read as follows:
Recent tragic events have demonstrated the need to find ways to
make legal protections for domestic violence victims more accessible.
On March 6, 2007, Rebecca Jane Griego, an employee of the University of
Washington, had obtained a temporary protection order against the man
who eventually shot her and then himself in a murder-suicide on April
2, 2007. However, because her stalker had evaded the police and
service of process, Ms. Griego had to return to court numerous times
and did not have the opportunity to have a hearing for a permanent
protection order. Under current procedures, which vary by local court
rule, if a process server fails to serve process after an unspecified
number of times, the process may be served by publication or by mail.
Establishing greater uniformity in the service of process of petitions
for orders for protection or modification of protection orders in
domestic violence cases may help to protect the safety of future
domestic violence victims.
Sec. 2 RCW 26.50.050 and 1995 c 246 s 6 are each amended to read
as follows:
Upon receipt of the petition, the court shall order a hearing which
shall be held not later than fourteen days from the date of the order.
The court may schedule a hearing by telephone pursuant to local court
rule, to reasonably accommodate a disability, or in exceptional
circumstances to protect a petitioner from further acts of domestic
violence. The court shall require assurances of the petitioner's
identity before conducting a telephonic hearing. Except as provided in
RCW 26.50.085 and 26.50.123, personal service shall be made upon the
respondent not less than five court days prior to the hearing. If
timely personal service cannot be made, the court shall set a new
hearing date and shall ((either)) require one additional attempt((s))
at obtaining personal service ((or)). If timely personal service still
cannot be made, the court shall permit service by publication as
provided in RCW 26.50.085 or service by mail as provided in RCW
26.50.123 unless the petitioner requests additional time to attempt
personal service. If the court permits service by publication or by
mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. The court may issue an ex parte
order for protection pending the hearing as provided in RCW 26.50.070,
26.50.085, and 26.50.123.
Sec. 3 RCW 26.50.130 and 1984 c 263 s 14 are each amended to read
as follows:
(1) Upon application with notice to all parties and after a
hearing, the court may modify the terms of an existing order for
protection.
(2) Except as provided in RCW 26.50.085 and 26.50.123, personal
service shall be made upon the nonmoving party not less than five court
days prior to the hearing to modify.
(a) If timely personal service cannot be made, the court shall set
a new hearing date and shall require one additional attempt at
obtaining personal service.
(b) If timely personal service still cannot be made, the court
shall permit service by publication as provided in RCW 26.50.085 or
service by mail as provided in RCW 26.50.123 unless the moving party
requests additional time to attempt personal service.
(c) If the court permits service by publication or by mail, the
court shall set the hearing date not later than twenty-four days from
the date of the order permitting service by publication or by mail.
(3) In any situation where an order is terminated or modified
before its expiration date, the clerk of the court shall forward on or
before the next judicial day a true copy of the modified order or the
termination order to the appropriate law enforcement agency specified
in the modified or termination order. Upon receipt of the order, the
law enforcement agency shall promptly enter it in the law enforcement
information system.