HOUSE BILL REPORT

HB 2300

BYRepresentatives Crane, Inslee, Todd, Wineberry, Fraser and Jones

Changing provisions relating to orders for protection and antiharassment orders.

House Committe on Judiciary

Majority Report:  Do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Forner, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Schmidt, Scott, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

Persons who are the object of domestic violence or of harassment may petition the court for a protective court order.  In emergency cases, a temporary order may be obtained "ex parte," that is, without notifying the party alleged to be responsible for the violence or harassment.  However, an ex parte order requires a showing, among other things, of likely irreparable harm if the order is not immediately issued.

A permanent protective order requires notice to the alleged perpetrator of the violence or harassment, and an opportunity for the parties to appear at a hearing on the matter.  The hearing must be held within 14 days after the petition is filed requesting the order.  These requirements are set by state law.  Local court rules also require that the alleged perpetrator be served at least five days (six days in some jurisdictions) before the hearing.  Service of this notice is done by a local police agency.  An ex parte temporary order is valid for 14 days.

Some jurisdictions have experienced difficulty in meeting these timing requirements for notice prior to the hearing.

SUMMARY:

The hearing on a petition for a domestic violence or harassment protective order must be held within 21 days, instead of within 14 days, after the filing of the petition.  Ex parte temporary orders are valid for 21 days.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Judge Riehl, District and Municipal Court Judges' Association.

House Committee - Testified Against:      Andrea Dahl.

House Committee - Testimony For:    The current law results in many re-filings of petitions because of difficulty in complying with the 14 day requirement.  The bill will provide increased efficiency and reduce the trauma of multiple filings for petitioners.

House Committee - Testimony Against:      Some petitioners mistakenly believe that serving an alleged perpetrator automatically begins protection.  The bill will cause such persons to falsely believe they are protected for a longer period before the hearing can be held on an order issued.