WPF DV-1.015

WPF DV-2.015

WPF DV-3.015

The order of the restraint provisions in the three forms listed in the left column is rearranged to be consistent. Please note the restraint provisions in WPF DV-2.015 are numbered-1 - 8, then-12 - 14. The restraint provisions in 9 - 11 do not apply to the temporary order.

WPF DV-1.015

Petition for Order for Protection (All Cases)

Page 1, paragraph 4, "spouse" and "former spouse" are moved to the beginning of the list of relationships to minimize confusion regarding which box to check. (Some petitioners check "in-law" when they are married to the respondent, for example.)

Previous paragraphs 5, Identification of Petitioner and 6, Identification of Respondent, are deleted, to comply with GR 22, which makes driver's license a restricted personal identifier. The remaining paragraphs were renumbered.

In new paragraph 5, Identification of Minors, "date of birth" was deleted and replaced with "age" to comply with GR 22 (a child's date of birth is a restricted personal identifier). A column was inserted for "race" which is a mandatory data element for entry into the WACIC computer system (law enforcement's computer system).

In the third restraint provision, the following line is deleted:

"This address at present is ¨ confidential ¨ the following:"

and is replaced with:

"You have a right to keep your residential address confidential."

Although a party's residential address is not a restricted personal identifier, GR 22 prohibits pattern forms from requiring a residential address. This change provides notice that the residential address can be kept confidential and discourages the petitioner from putting his or her address on the petition.

Under "Request for Special Assistance from law Enforcement Agencies", the check box option:'

"¨ Possession of my essential personal belongings at: _____________________________"

was changed to:

"¨ Possession of my essential personal belongings at ¨ the shared residence ¨ respondent's residence ¨ other."

This change allows petitioners to specify where their belongings are while also discouraging use of a residential address.

The following prompts were added to the Statement on page 5:

"Describe any threats of suicide or suicidal behavior by the respondent:"

"Does the respondent own or possess firearms? ¨ Yes ¨ No"

The first prompt is added because respondent's threats of suicide or suicidal behavior are strong indicators of dangerousness to plaintiffs and children.

At the end of the form, the line regarding a service address was changed from:

My residential address is confidential. Direct legal service by mail to:_____________________

to:

You have a right to keep your residential address confidential. If you have one, please provide an address, other than your residence, where you may receive legal documents:_______________________

This change was made to comply with GR 22.

WPF DV-1.030

Child Custody Information Sheet

Change the beginning paragraph to:

If you are seeking protection for your child(ren) from domestic violence or are requesting custody of your child(ren), please answer the questions and provide the information requested in paragraphs A -E below and check the boxes about the court's jurisdiction that apply to your case:

Below the introductory paragraph, add the following heading:

Information for the courts:

In the table, change paragraph "A" to:

Do the child(ren) listed in Paragraph 5 of the petition currently live with you? If not, with whom do the child(ren) currently live?

Delete "(1) if your answer is yes, how long have the children lived with you?" and "(2) If your answer is no, explain." Also delete the writing lines.

Delete all of paragraph "B."

Change paragraph "C" to "B" and remove the question:

Has there been any other court action concerning the custody of the minor children named herein in this state or in any other state within the past five years?

And replace it with:

Do you know of any other court cases involving the child(ren)? If known, list:

the court    the case number    the date

________   __________     ________

________   __________     ________

________   __________     ________

Change paragraph "D" to "C" and remove the question:

Have you participated, as a party, witness, or in any other capacity in other litigation concerning custody of the child(ren) in this or any other state?

And replace it with:

Have you been involved in any other litigation concerning custody or visitation with the child(ren) in this or any other state? If known, list the court, the case number and the date the parenting plan, residential schedule, visitation schedule or custody decree was entered:

the court    the case number    the date

Change paragraph "E" to "D" and remove the question:

Does the respondent, or any other person, have physical custody or claims to have physical custody or visitation rights to the minor child(ren)?

And replace it with:

Do you know of any persons, other than you and the respondent, who claims rights of custody or visitation with, the child(ren)? If known, list their names in the space provided below and their present addresses in the Confidential Information Form:

Name

Name

Name

Change paragraph "F" to "E" and remove the following statement:

State the places the children have lived in the past five years, and give the names and present resident addresses of the persons which whom the children lived during that period.

And replace it with:

List the places where the children have lived during the past five years, the dates they lived there and the persons with whom they lived. (The present addresses of those persons must be listed in the required Confidential Information Form.)

Delete previous paragraph "G".

The preceding changes are based upon RCW 26.27.281.

Below the table containing information for the courts, insert the following heading: "Jurisdiction:"

Insert the following table containing jurisdiction requirements:

This court has jurisdiction over this proceeding for the reasons below: [Check all the boxes that apply to your case.]

This court has exclusive continuing jurisdiction. The court has made a child custody, parenting plan, residential schedule or visitation determination in this matter before and retains jurisdiction under RCW 26.27.211.

This state is the home state of the children because:

the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately before the beginning of this proceeding.

the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth.

any absences from Washington have been only temporary.

Washington was the home state of the children within six months before the beginning of this proceeding and the children are absent from the state; but a parent or person acting as a parent continues to live in this state.

The children and the parents, or the children and at least one parent or a person acting as a parent, have significant connections with this state other than mere physical presence; and substantial evidence is available in this state concerning the children's care, protection, training and personal relationships and

the children have no home state elsewhere.

the children's home state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under RCW 26.27.261 or 271.

All courts in the children's home state have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the children under RCW 26.27.261 or .271.

No other state has jurisdiction.

This court has temporary emergency jurisdiction over this proceeding because the children are present in this state and the children have been abandoned, or it is necessary in an emergency to protect the children because the children, or a sibling or parent of the children is subjected to or threatened with abuse. RCW 26.27.231.

The preceding changes are based upon RCW 26.27.201 - .271.

WPF DV-1.040

Law Enforcement Information Sheet

In the section on Petitioner Information, in the third column, insert spaces for "race" and "sex" below the space for "birthdate" and above the space for "contact phone." The new information is required for data entry into the WACIC computer system (law enforcement's computer system).

WPF DV-1.050

Foreign Protection Order Information

In the section regarding Persons Being Protected, add two new columns for "Race" and "Sex" to the right of the column for "Birthdate", moving the latter column as needed to the left. The new information is required for data entry into the WACIC computer system (law enforcement's computer system).

WPF DV-1.060

Confidential Information Form

This form is used for a combination of mandatory data collection requirements. This form is required pursuant to RCW 26.09.020(3), 26.21.305(3), 26.23.050(7) and 26.23.055. It is used to collect information for data entry into the Judicial Information System pursuant to RCW 26.50.160. It is also used to collect personal information, such as a residential address, required under the UCCJEA, RCW 26.27.281.

Petitioners in Domestic Violence cases are not required to complete all the information. The form contains statements indicating when information is not required in protection order cases.

WPF DV-1.061

Addendum to Confidential Information Form

The Confidential Information form has space for one petitioner, one respondent and two children. The addendum is for use when there are additional parties or children.

WPF DV-2.015

Temporary Order for Protection and Notice of Hearing (All Cases)

On the first page, in the "Identification of Minors" table, the column for "date of birth" was replaced with "age" and a column for "race" was inserted.

In the third restraint provision, the check boxes regarding the address were changed from:

Petitioner's address is ¨ confidential ¨ the following:

To:

¨ Petitioner's address is confidential. ¨ Petitioner waives confidentiality of the address which is:

GR 22 prohibits pattern forms from requiring residential addresses. However, enforcement of the restraint provisions is easier if the address is listed. The revised language satisfies the intent of GR 22 while giving a petitioner the option to list his or her address for enforcement purposes.

In the fourth restraint provision, the space for the residence address was replaced with "...residence petitioner and respondent share." And, the following address information was inserted:

¨ This address is confidential. ¨ Petitioner waives confidentiality of this address which is:

The following was inserted as the seventh provision:

Petitioner is granted use of the following vehicle:

Year, Make & Model_____________ License No.

Although RCW 26.50.070 does not specifically include use of a vehicle in its list of relief available in an ex parte temporary order for protection, this provision was added pursuant to the court's authority to "grant relief as the court deem proper."

In the law enforcement assistance box on the second page of the order, the check box option for personal belongings was changed from:

¨ personal longings located at:____________________

__________________________

to:

¨ personal belongings located at ¨ the shared residence ¨ respondent's residence ¨ other: ______________________.

This change was made to discourage the petitioner from inserting a residential address. The line after "other" is available to specify "other" for law enforcement.

WPF DV-3.015

Order for Protection (All Cases)

In the caption, below the space for the court address, a space for the telephone numbers was inserted. This change facilitates enforcement of the order in other jurisdictions.

The following paragraph was inserted at the beginning of the order:

The court has jurisdiction over the parties, the minors, and the subject matter. ¨ If minors are involved, this state ¨ has exclusive continuing jurisdiction ¨ is the home state; ¨ no other state has exclusive continuing jurisdiction; ¨ other: _____________________

The first sentence is based upon 18 U.S.C. § 2265, and is a full faith and credit requirement. The remainder of the paragraph is based upon the Uniform Child Custody Jurisdiction Act requirements found in RCW 26.27.201 - .271 and 26.27.471.

The following sentence, also a full faith and credit requirement, was inserted after the sentence regarding service of the notice of hearing:

This order is issued in accordance with the Full Faith and Credit provisions of WAWA: 18 U.S.C. § 2265.

On the first page, in the "Identification of Minors" table, the column for "date of birth" was replaced with "age" and a column for "race" was inserted.

In the third restraint provision, the check boxes regarding the address were changed from:

Petitioner's address is ¨ confidential ¨ the following:

To:

¨ Petitioner's address is confidential. ¨ Petitioner waives confidentiality of the address which is:

In the fourth restraint provision, the space for the residence address was replaced with "...residence petitioner and respondent share." And, the following address information was inserted:

¨ This address is confidential. ¨ Petitioner waives confidentiality of this address which is:

In the law enforcement assistance box on the fourth page of the order, the check box option for personal belongings was changed from:

¨ personal longings located at:_________________

__________________________

to:

¨ personal belongings located at ¨ the shared residence ¨ respondent's residence ¨ other:_________________.

WPF DV-3.030

Judgment

In line 2, the Address line was deleted to comply with GR 22.

WPF DV-9.040

Proof of Mailing

In the phrase above the date line, insert "mailing" between "known" and "address."