Summary of Changes to Forms

Domestic Violence Forms (1999)

November 1999

Use this sheet to track changes made in 1999 to the forms.

Chapter 26.50 RCW

WPF DV-1.010 Petition for Order for Protection (No Children)

In the fifth restraint provision, "place of employment" was replaced with "workplace."

In the sixth restraint provision, "effects" was replaced with "belongings."

In the section titled "REQUEST FOR SPECIAL ASSISTANCE FROM LAW ENFORCEMENT AGENCIES," in the second check box option, "effects" was replaced with "belongings."

In the STATEMENT paragraph, the following prompts were inserted:

Describe the most recent incident or threat of violence and date.
Describe the past incidents where you were abused, were afraid of serious injury or where the respondent threatened to kill you.
Describe any violence or threats towards children.
Describe medical treatment you received and for what.
Does the respondent use firearms, weapons or objects to threaten or harm you? Please describe.
If you are requesting that the protection order lasts longer than one year, describe the reasons why.
Other.

After the STATEMENT paragraphs, the following check box options were inserted:

Check box if substance abuse is involved: alcohol controlled drugs other ___
WPF DV-1.015 Petition for Order for Protection (All Cases)

This is a new form developed for use in all cases. The provisions applicable in all cases are included, with the provisions exclusively relating to children listed at the end of the restraint provisions. The changes made to WPF DV-1.010 and DV-1.020 are incorporated in this form.

WPF DV-1.020 Petition for Order for Protection (Children)

The title of paragraph 7 was changed from "minors addressed in this petition," to "identification of minors."

The title of paragraph 8 was changed from "other court cases or any other protection order or no-contact order involving me and the respondent are," to "other court cases or any other protection, restraining or no-contact orders involving me, the minors and the respondent."

In the fifth restraint provision, "place of employment" was replaced with "workplace."

In the ninth restraint provision, "effects" was replaced with "belongings."

In the section titled "REQUEST FOR SPECIAL ASSISTANCE FROM LAW ENFORCEMENT AGENCIES," in the second check box option, "effects" was replaced with "belongings."

In the STATEMENT paragraph, the following prompts were inserted:

Describe the most recent incident or threat of violence and date.
Describe the past incidents where you were abused, were afraid of serious injury or where the respondent threatened to kill you.
Describe any violence or threats towards children.
Describe medical treatment you received and for what.
Does the respondent use firearms, weapons or objects to threaten or harm you? Please describe.
If you are requesting that the protection order lasts longer than one year, describe the reasons why.
Other.

After the STATEMENT paragraphs, the following check box options were inserted:

Check box if substance abuse is involved: alcohol controlled drugs other

WPF DV-1.040 Law Enforcement Information Sheet

At the end of the form, after the phrase "DO NOT SERVE OR SHOW THIS SHEET TO THE PERSON RESTRAINED/RESPONDENT," the following advisement was inserted: "COURT CLERKS: GIVE THIS FORM TO LAW ENFORCEMENT. DO NOT FILE IN THE COURT FILE. "

WPF DV-1.050 Foreign Protection Order Information

This new form was developed pursuant to RCW 26.52.030 and enacted by Chapter 184, Laws 99.

WPF DV-2.010 Temporary Order for Protection and Notice of Hearing (No Children)

In the second restraint provision the phrase "except for mailing of court documents," was replaced with "except for mailing or service of process of court documents by a 3rd party or contact by respondent's lawyer(s)."

In the third restraint provision the phrase "going onto the grounds of or" was inserted between "EXCLUDED from" and "entering." "Place of employment" was replaced with "workplace."

In the fifth provision "effects" was replaced with "belongings."

In the box regarding the next hearing date, the phrase "ON PAGE ONE" was deleted from the last sentence.

Warnings regarding federal consequences for violation of the protection order were incorporated into the "WARNINGS TO THE RESPONDENT."

The following sentence was inserted after the first sentence of the warnings:

If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. sections 2261, 2261A, or 2262.

The following paragraph was inserted after the paragraph beginning with "Any assault that is a violation ":

If the court issues a final protection order, the respondent may not possess a firearm or ammunition for as long as that final protection order is in effect. 18 U.S.C. section 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. section 925(a)(1). If the respondent is convicted of an offense of domestic violence, the respondent will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. section 922(g)(9); RCW 9.41.040.

The following paragraph was inserted after the paragraph beginning with "YOU CAN BE ARRESTED ":

Pursuant to 18 U.S.C. section 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

The updated "WARNINGS TO RESPONDENT" is copied below:

WARNINGS TO THE RESPONDENT: Violation of the provisions of this order with actual notice of its terms is a criminal offense under chapter 26.50 RCW and RCW 10.31.100 and will subject a violator to arrest. If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. sections 2261, 2261A, or 2262.

Any assault that is a violation of this order and that does not amount to assault in the first degree or second degree under RCW 9A.36.011 is a class C felony. Any conduct in violation of this order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

If the court issues a final protection order, the respondent may not possess a firearm or ammunition for as long as that final protection order is in effect. 18 U.S.C. section 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. section 925(a)(1). If the respondent is convicted of an offense of domestic violence, the respondent will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. section 922(g)(9); RCW 9.41.040.

YOU CAN BE ARRESTED EVEN IF THE PERSON OR PERSONS WHO OBTAINED THE ORDER INVITE OR ALLOW YOU TO VIOLATE THE ORDER'S PROHIBITIONS. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application.

Pursuant to 18 U.S.C. section 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

In the box containing information about law enforcement assistance, in the second-to-last check box option, "effects" was replaced with "belongings."

WPF DV-2.015 Temporary Order for Protection and Notice of Hearing (All Cases)

This is a new form developed for use all cases. The provisions applicable in all cases are included, with the provisions exclusively relating to children listed at the end of the restraint provisions. The changes made to WPF DV-2.010 and DV-2.020 are incorporated in this form.

WPF DV-2.020 Temporary Order for Protection and Notice of Hearing (Children)

DV-2A.020 and DV-2B.020 were consolidated into a new form DV 2.020 to eliminate confusion regarding nearly identical forms. If you reside in a jurisdiction in which law enforcement does not assist with custody of minors, please delete the following check box option from the box regarding law enforcement assistance:

Custody of the above-named minors, including taking physical custody for delivery to petitioner.

In the second restraint provision the phrase "except for mailing of court documents," was replaced with "except for mailing or service of process of court documents by a 3rd party or contact by respondent's lawyer(s)."

In the third restraint provision the phrase "going onto the grounds of" was inserted between "EXCLUDED from" and "entering."

In the fifth restraint provision the phrase "going onto the grounds of" was inserted between "RESTRAINED from" and "entering." "Place of employment" was replaced with "workplace."

In the sixth restraint provision "effects" was replaced with "belongings."

Warnings regarding federal consequences for violation of the protection order were incorporated into the "WARNINGS TO THE RESPONDENT." See the notes regarding DV-2.010 for information about the new warnings.

In the box containing information about law enforcement assistance, in the second-to-last check box option, "effects" was replaced with "belongings."

Please remove DV-2A.020 and DV-2B.020 dated (11/98) from your set of Domestic Violence forms.

WPF DV-3.010 Order for Protection (No Children)

In the second restraint provision the phrase "except for mailing of court documents," was replaced with "except for mailing or service of process of court documents by a 3rd party or contact by respondent's lawyer(s)."

In the third restraint provision "place of employment" was replaced with "workplace."

In the fifth provision "effects" was replaced with "belongings."

Pursuant to RCW 26.50.060, as amended by Chapter 147, Laws 99, the second check box option in the seventh restraint provision "domestic violence or batterers' treatment or counseling at ____," was replaced with "domestic violence perpetrator treatment program approved under RCW 26.50.150 or counseling at_____."

The following new provision was inserted as provision number 8:

Petitioner is granted judgment against Respondent for $_____________ fees and costs.

Warnings regarding federal consequences for violation of the protection order were incorporated into the "WARNINGS TO THE RESPONDENT."

The following sentence was inserted after the first sentence of the warnings:

If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. sections 2261, 2261A, or 2262.

The following paragraph was inserted after the paragraph beginning with "Any assault that is a violation ":

Effective immediately, and continuing as long as this protection order is in effect, the respondent may not possess a firearm or ammunition. 18 U.S.C. section 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. section 925(a)(1). If the respondent is convicted of an offense of domestic violence, the respondent will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. section 922(g)(9); RCW 9.41.040.

The following paragraph was inserted after the paragraph beginning with "YOU CAN BE ARRESTED ":

Pursuant to 18 U.S.C. section 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

The updated "WARNINGS TO RESPONDENT" is copied below:

WARNINGS TO THE RESPONDENT: Violation of the provisions of this order with actual notice of its terms is a criminal offense under chapter 26.50 RCW and RCW 10.31.100 and will subject a violator to arrest. If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. sections 2261, 2261A, or 2262.

Any assault that is a violation of this order and that does not amount to assault in the first degree or second degree under RCW 9A.36.011 is a class C felony. Any conduct in violation of this order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

Effective immediately, and continuing as long as this protection order is in effect, the respondent may not possess a firearm or ammunition. 18 U.S.C. section 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. section 925(a)(1). If the respondent is convicted of an offense of domestic violence, the respondent will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. section 922(g)(9); RCW 9.41.040.

YOU CAN BE ARRESTED EVEN IF THE PERSON OR PERSONS WHO OBTAINED THE ORDER INVITE OR ALLOW YOU TO VIOLATE THE ORDER'S PROHIBITIONS. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application.

Pursuant to 18 U.S.C. section 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

In the box containing information about service of the order, the following two check box options were inserted:

Petitioner shall serve this order by mail publication.
Respondent appeared and was informed of the order by the court; further service is not required.

In the box containing information about law enforcement assistance, "effects" was replaced with "belongings."

The following sentence regarding service was deleted:

This order is issued following service by mail publication and petitioner may serve this order by mail publication.

In the sentence regarding the expiration date, the check box option " IS PERMANENT" was deleted. The sentence is now:

THIS ORDER FOR PROTECTION EXPIRES ON _____________.

This change was made to assist law enforcement in enforcing the restraining order. A date certain is required for the expiration date. If the order is permanent, use a date sufficiently in the future to cover the potential life span of the parties.
WPF DV-3.015 Order for Protection (All Cases)

This is a new form developed for use in all cases. The provisions applicable in all cases are included, with the provisions exclusively relating to children listed at the end of the restraint provisions. The changes made to WPF DV-3.010 and DV-3.020 are incorporated in this form.

WPF DV-3.020 Order for Protection (Children)

The title of the table containing information about the children was changed from "minors addressed in this order," to "identification of minors."

In the third restraint provision the phrase "except for mailing of court documents," was replaced with "except for mailing or service of process of court documents by a 3rd party or contact by respondent's lawyer(s)."

In the fifth restraint provision "my" was replaced with "petitioner's" and "place of employment" was replaced with "workplace."

In the seventh provision "effects" was replaced with "belongings."

Pursuant to RCW 26.50.060, as amended by Chapter 147, Laws 99, the first check box option in the eighth restraint provision "domestic violence or batterers' treatment or counseling at ____," was replaced with "domestic violence perpetrator treatment program approved under RCW 26.50.150 or counseling at_____."

The following new provision was inserted as provision number 14:

Petitioner is granted judgment against Respondent for $_____________ fees and costs.

Warnings regarding federal consequences for violation of the protection order were incorporated into the "WARNINGS TO THE RESPONDENT." See the notes on DV-3.010 for information about the warnings.

In the box containing information about service of the order, the following two check box options were inserted:

Petitioner shall serve this order by mail publication.
Respondent appeared and was informed of the order by the court; further service is not required.

In the box containing information about law enforcement assistance, "effects" was replaced with "belongings."

The following sentence regarding service was deleted:

This order is issued following service by mail publication and petitioner may serve this order by mail publication.

In the sentence regarding the expiration date of the order, the check box option " IS PERMANENT" was deleted. The sentence is now:

THIS ORDER FOR PROTECTION EXPIRES ON ______________.

This change was made to assist law enforcement in enforcing the restraining order. A date certain is required for the expiration date. If the order is permanent, use a date sufficiently in the future to cover the potential life span of the parties.
WPF DV-7.010 Application to Terminate or Modify Temporary Order for Protection

The prior versions of DV-7.010, "Petitioner's Application to Terminate or Modify Temporary Order for Protection and Order," and DV-7.020, "Respondent's Application to Modify Temporary Order for Protection and Notice of Hearing," were combined into the new version of DV-7.010. The order and notice of hearing in the prior versions were removed and placed into separate forms.

The new form, DV-7.010, "Application to Terminate or Modify Temporary Order for Protection," is for use by both the petitioner and respondent when requesting the court to modify or terminate a temporary order for protection.

Please delete the superseded DV-7.010, "Petitioner's Application to Terminate or Modify Temporary Order for Protection and Order," dated (6/96) from your set of Domestic Violence forms.

WPF DV-7.020 Notice of Hearing

This generic notice of hearing is a new form that can be used with DV-7.010, "Application to Terminate or Modify Temporary Order for Protection," when a hearing is required. This form is for optional use to allow the use of local notice forms in those jurisdictions that have mandatory notice forms.

Please delete the superseded form DV-7.020, "Respondent's Application to Modify Temporary Order for Protection and Notice of Hearing," dated (6/96) from your set of Domestic Violence forms.

WPF DV-7.030 Order Terminating/Modifying Temporary Order for Protection

This new order is for use when either the petitioner or respondent has requested the court to modify or terminate a temporary order for protection.

Please delete the superseded form DV-7.030, "Order Modifying Temporary Order for Protection," dated (6/96) from your set of Domestic Violence forms.

WPF DV-9.040 Proof of Mailing

This new proof of mailing revised and replaced the previous version of the form.

The new form clarifies that service by mail must be performed by a person 18 years of age or older and not a petitioner or respondent. The form has check box options for the types of forms being served and the form clarifies that two copies must be mailed, postage prepaid, one first class and one certified (return receipt requested).

Please delete the superseded form DV-9.040, "Proof of Mailing," dated (6/96) from your set of Domestic Violence forms.


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