Domestic Violence Prevention in Washington
Domestic Violence Definitions 26.50.010
The current law regarding Restraining Orders is codified in RCW 26.50.010. Specifically, that statute states:
RCW 26.50.010
Definitions.
As used in this chapter, the following
terms shall have the meanings given them:
(1) "Domestic violence" means: (a)
Physical harm, bodily injury, assault, or the infliction of fear of
imminent physical harm, bodily injury or assault, between family or
household members; (b) sexual assault of one family or household
member by another; or (c) stalking as defined in RCW 9A.46.110 of
one family or household member by another family or household
member.
(2) "Family or household members" means
spouses, domestic partners, former spouses, former domestic
partners, persons who have a child in common regardless of whether
they have been married or have lived together at any time, adult
persons related by blood or marriage, adult persons who are
presently residing together or who have resided together in the
past, persons sixteen years of age or older who are presently
residing together or who have resided together in the past and who
have or have had a dating relationship, persons sixteen years of age
or older with whom a person sixteen years of age or older has or has
had a dating relationship, and persons who have a biological or
legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
(3) "Dating relationship" means a
social relationship of a romantic nature. Factors that the court may
consider in making this determination include: (a) The length of
time the relationship has existed; (b) the nature of the
relationship; and (c) the frequency of interaction between the
parties.
(4) "Court" includes the superior,
district, and municipal courts of the state of Washington.
(5) "Judicial day" does not include
Saturdays, Sundays, or legal holidays.
(6) "Electronic monitoring" means a
program in which a person's presence at a particular location is
monitored from a remote location by use of electronic equipment.
(7) "Essential personal effects" means
those items necessary for a person's immediate health, welfare, and
livelihood. "Essential personal effects" includes but is not limited
to clothing, cribs, bedding, documents, medications, and personal
hygiene items.
[2008 c 6 § 406; 1999 c 184 § 13; 1995
c 246 § 1. Prior: 1992 c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8;
1984 c 263 § 2.]
Notes:
Part headings not law -- Severability
-- 2008 c 6: See RCW 26.60.900 and 26.60.901.
Short title -- Severability -- 1999 c
184: See RCW 26.52.900 and 26.52.902.
Severability -- 1995 c 246: "If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is
not affected." [1995 c 246 § 40.]
Findings -- 1992 c 111: See note
following RCW 26.50.030.
Finding -- 1991 c 301: See note
following RCW 10.99.020.
Domestic violence offenses defined: RCW
10.99.020.
Contact a Seattle Divorce Lawyer to
discuss the specific application of RCW 26.50.010 as it applies to
your domestic violence protection order.
Domestic Violence Protection Order 26.50.050
The current law regarding
domestic violence protection orders is codified in RCW 26.50.050.
Specifically, that statute states:
RCW 26.50.050
Contact a Seattle Divorce Lawyer to
discuss the specific application of RCW 26.50.050 as it applies to
your domestic violence protection order. The current law regarding domestic violence
perpetrator programs is codified in RCW 26.50.150.
Specifically, that statute states:
Contact a Seattle Divorce Lawyer to
discuss the specific application of RCW 26.50.150 as it applies to
your domestic violence protection order.
Hearing — Service — Time.
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 an additional
attempt at obtaining personal service or permit service by
publication as provided in RCW 26.50.085 or service by mail as
provided in RCW 26.50.123. The court shall not require more than two
attempts at obtaining personal service and shall permit service by
publication or by mail 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 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.
[2008 c 287 § 2; 1995 c 246 § 6; 1992 c 143 § 1; 1984 c 263 § 6.]
Notes:
Short title -- 2008 c 287: "This act shall be known as the Rebecca
Jane Griego act. 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
at 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 court rules,
which vary by court, if a process server fails to serve process
after an unspecified number of times, process may be served by
publication or by mail. Establishing greater uniformity in the
service of process of petitions for orders for protection or
modifications of protection orders in domestic violence cases may
help to protect the safety of future domestic violence victims."
[2008 c 287 § 1.]
Severability -- 1995 c 246: See note following RCW 26.50.010.Domestic Violence Perpetrator Programs
26.50.150
RCW 26.50.150
Domestic violence perpetrator programs.
The department of social and health services shall adopt rules for
standards of approval of domestic violence perpetrator programs that
accept perpetrators of domestic violence into treatment to satisfy
court orders or that represent the programs as ones that treat
domestic violence perpetrators. The treatment must meet the
following minimum qualifications:
(1) All treatment must be based upon a full, complete clinical
intake including: Current and past violence history; a lethality
risk assessment; a complete diagnostic evaluation; a substance abuse
assessment; criminal history; assessment of cultural issues,
learning disabilities, literacy, and special language needs; and a
treatment plan that adequately and appropriately addresses the
treatment needs of the individual.
(2) To facilitate communication necessary for periodic safety checks
and case monitoring, the program must require the perpetrator to
sign the following releases:
(a) A release for the program to inform the victim and victim's
community and legal advocates that the perpetrator is in treatment
with the program, and to provide information, for safety purposes,
to the victim and victim's community and legal advocates;
(b) A release to prior and current treatment agencies to provide
information on the perpetrator to the program; and
(c) A release for the program to provide information on the
perpetrator to relevant legal entities including: Lawyers, courts,
parole, probation, child protective services, and child welfare
services.
(3) Treatment must be for a minimum treatment period defined by the
secretary of the department by rule. The weekly treatment sessions
must be in a group unless there is a documented, clinical reason for
another modality. Any other therapies, such as individual, marital,
or family therapy, substance abuse evaluations or therapy,
medication reviews, or psychiatric interviews, may be concomitant
with the weekly group treatment sessions described in this section
but not a substitute for it.
(4) The treatment must focus primarily on ending the violence,
holding the perpetrator accountable for his or her violence, and
changing his or her behavior. The treatment must be based on
nonvictim-blaming strategies and philosophies and shall include
education about the individual, family, and cultural dynamics of
domestic violence. If the perpetrator or the victim has a minor
child, treatment must specifically include education regarding the
effects of domestic violence on children, such as the emotional
impacts of domestic violence on children and the long-term
consequences that exposure to incidents of domestic violence may
have on children.
(5) Satisfactory completion of treatment must be contingent upon the
perpetrator meeting specific criteria, defined by rule by the
secretary of the department, and not just upon the end of a certain
period of time or a certain number of sessions.
(6) The program must have policies and procedures for dealing with
reoffenses and noncompliance.
(7) All evaluation and treatment services must be provided by, or
under the supervision of, qualified personnel.
(8) The secretary of the department may adopt rules and establish
fees as necessary to implement this section.
[1999 c 147 § 1; 1991 c 301 § 7.]
Notes:
Finding -- 1991 c 301: See note following RCW 10.99.020.
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