S-532                 _______________________________________________

                                                   SENATE BILL NO. 5067

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Talmadge, Newhouse, Bottiger, Nelson, Moore, Rinehart and Deccio

Read first time 1/14/87 and referred to Committee on Judiciary.

AN ACT Relating to domestic violence prevention; and amending RCW 26.50.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 263, Laws of 1984 as amended by section 1, chapter 303, Laws of 1985 and RCW 26.50.020 are each amended to read as follows:

          (1) Any person may seek relief under this chapter by filing a petition with a court alleging that the person has been the victim of domestic violence committed by the respondent.  The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.

          (2) The courts defined in RCW 26.50.010(3) have jurisdiction over proceedings under this chapter.  The jurisdiction of district ((or)) and municipal courts under this chapter shall be limited to enforcement of RCW 26.50.110(1), or the equivalent municipal ordinance, and the issuance and enforcement of temporary orders for protection provided for in RCW 26.50.070 if:  (a) A superior court has exercised or is exercising jurisdiction over a proceeding under this title or chapter 13.34 RCW involving the parties; (b) the petition for relief under this chapter presents a child custody or visitation issue; or (c) the petition for relief under this chapter requests the court to exclude a party from the dwelling which the parties share.  When the jurisdiction of a district or municipal court is limited to the issuance and enforcement of a temporary order, the district or municipal court shall set the full hearing provided for in RCW 26.50.050 in superior court and transfer the case.  If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the order for protection.

          (3) An action under this chapter shall be filed in the county or the municipality where the petitioner resides, unless the petitioner has left the residence or household to avoid abuse.  In that case, the petitioner may bring an action in the county or municipality of the previous or the new household or residence.

          (4) A person's right to petition for relief under this chapter is not affected by the person leaving the residence or household to avoid abuse.