HOUSE BILL REPORT

SB 5067

BYSenators Talmadge, Newhouse, Bottiger, Nelson, Moore, Rinehart and Deccio

Clarifying enforcement jurisdiction of domestic violence prevention orders.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE APRIL 7, 1987

BACKGROUND:

The domestic violence prevention act permits a person claiming to be a victim of domestic violence to file a petition with a court.  Superior courts have jurisdiction to consider petitions for orders of protection.  The superior court may order an ex parte temporary order if it believes the conditions require.  The district and municipal courts only have jurisdiction to issue and enforce temporary orders in cases where the superior court has exercised jurisdiction, the issue involves child custody or abuse, or the request is to exclude a party from the dwelling of the parties.  A violation of an order excluding a person from residence by a person who know of the order is a misdemeanor.

SUMMARY:

District and municipal courts have jurisdiction over misdemeanor violations of protective orders issued under the domestic violence act when the violation is of a provision excluding a person from a residence.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.