UH-01.0400

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).

UH-01.0600

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 Unlawful Harassment (Antiharassment) cases are not required to complete all the information. The form contains statements indicating when information is not required in protection order cases.

UH-01.0610

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.

UH-02.0200

Petition For An Order For Protection

Paragraph 4 and 5, deleted the line requesting the parties' Driver's License or Identicard (# and State) or respondent's home address if other identifiers were not available. Changed "Date of Birth" to "Age."

Paragraph 6, the column for "Birth Date" was deleted, to comply with GR 22. A Column for "Race" was inserted between the columns for "Age" and "Sex." This additional information is required for input in the WACIC computer system (law enforcement's computer system.)

In the third restraint provision, delete "This address at present is confidential the following:" This change complies with the intent of GR 22 to prohibit pattern forms from requiring a party's residential address.

Page 3, in the definition for Unlawful Harassment, in the fifth line between "conduct" and "would" delete the phrase "is contact by a person 18 years of age or over that." This change is made pursuant to Chapter 260, Laws of 2001 (2SHB 1041) section 2, amending RCW 10.14.020(1).

UH-03.0200

Temporary Protection Order and Notice of Hearing

Deleted former paragraph "1", copied below, because that information required by RCW 10.14.080(8) does not apply to the temporary order:

1. Notice of this hearing was served on the respondent by personal service  service by publication pursuant to court order other

The paragraph number "2" for the section on "Minors addressed in this order" was deleted.

In the table, the number of lines available to list information regarding the minors was reduced to six, the column for "Birth Date" was deleted and a new column for "Race" was inserted.

In the first two restraint provisions, the phrase "minors named in paragraph 2 above" was changed to "minors named in the table on page one."

In the third restraint provision the following statement:

At present petitioner's address is confidential the following:

Was changed to:

The 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 box regarding service, the following check box option was changed from:

The clerk of the court shall also.....

to:

The clerk of the court petitioner shall.....

Chapter 10.14 RCW does not require the clerk of the court to forward the order to the appropriate law enforcement agency for service on respondent, though that is the practice in many counties. In some counties, the plaintiff gives a copy of the order to the law enforcement agency that will serve respondent. The change to the form accommodates the different local practices.

The box regarding the next hearing date was changed from:

The respondent is directed to appear and show cause why this temporary order should not be made effective for one year or more, and why the court should not order the relief requested by the petitioner or other relief which may include electronic home monitoring, payment of costs, and treatment. FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT GRANTING SUCH RELIEF. THE NEXT HEARING DATE AND TIME IS SHOWN BELOW THE CAPTION ON PAGE ONE.

To:

The respondent is directed to appear and show cause why the court should not enter an order for protection effective for one year or more and order the relief requested by the petitioner or other relief the court deems proper, which may include payment of costs. FAILURE TO APPEAR AT THE HEARING OR TO OTHERWISE RESPOND WILL RESULT IN THE COURT ISSUING AN ORDER FOR PROTECTION PURSUANT TO CHAPTER 10.14 RCW EFFECTIVE FOR A MINIMUM OF ONE YEAR FROM THE DATE OF THE HEARING. THE NEXT HEARING DATE AND TIME IS SHOWN BELOW THE CAPTION ON PAGE ONE.

A copy of this Temporary Protection Order and Notice of Hearing has been filed with the clerk of the court.

The next hearing notice was changed to comply with Chapter 311, Laws of 2001 (SHB 1591) section 1, which modified RCW 10.14.080(2).

UH 04.0500

Order for Protection from Unlawful Civil Harassment

Paragraph 2, in the table, the number of lines available to list information regarding the minors was reduced to six, the column for "Birth Date" was deleted and a new column for "Race" was inserted.

In the third restraint provision the following statement:

At present petitioner's address is confidential the following:

Was changed to:

The 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 box regarding service, the following check box option was changed from:

The clerk of the court shall also.....

to:

The clerk of the court petitioner shall.....

Chapter 10.14 RCW does not require the clerk of the court to forward the order to the appropriate law enforcement agency for service on respondent, though that is the practice in many counties. In some counties, the plaintiff gives a copy of the order to the law enforcement agency that will serve respondent. The change to the form accommodates the different local practices.

Also in the box regarding service, the following alternative service option was inserted after "OR Respondent appeared; further service is not required":

OR Respondent did not appear. The restraint provisions in this order are the same as those in the temporary order. The court is satisfied that the respondent was personally served with the temporary order. Further service is not required.

This change is made pursuant to Chapter 311, Laws of 2001 (SHB 1591) section 2, which modified RCW 10.14.100(5).

UH-05.0100

Petition for an Order for Protection - Respondent Under Age 18

This new Petition for an Order for Protection - Respondent Under Age 18 was developed pursuant to Chapter 260, Laws of 2001 (2SHB 1041), amending RCW 10.14.020, .040, .120, .170 and 7.21.030. This form also incorporates the changes described in the section regarding UH 02.0200, Petition for an Order for Protection.

Chapter 260, Laws of 2001 (2SHB 1041) did not address appointment of a guardian ad litem for the minor respondent. Consequently the guardian ad litem (GAL) requirements for minors found in RCW 4.08.050 apply to unlawful civil harassment proceedings. The procedures for appointing GALs for minors vary by county. The petition and the temporary order for protection and order for protection described below contain provisions for requesting the appointment of a GAL, for appointing a GAL and for discharging a GAL. The provisions are optional as indicated by the check box at the beginning of each provision. The court may utilize the provision by checking the box and filling in the information. If the provisions are not consistent with local practice, the court may use an alternative for appointing the GAL.

UH-05.0300

Temporary Protection Order and Notice of Hearing - Respondent Under Age 18

This new Temporary Protection Order and Notice of Hearing - Respondent Under Age 18 was developed pursuant to Chapter 260, Laws of 2001 (2SHB 1041), amending RCW 10.14.020, .040, .120, .170 and 7.21.030. This form also incorporates the changes described in the section regarding UH 03.0200, Temporary Protection Order and Notice of Hearing.

Chapter 260, Laws of 2001 (2SHB 1041) did not address service upon the respondent's GAL. In absence of a specific statute regarding service, the general statute applies. RCW 4.28.080(11) states:

Service made in the modes provided in this section shall be taken and held to be personal service. The summons shall be served by delivering a copy thereof, as follows:

(11) If against a minor under the age of fourteen, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.

Both the temporary order for protection and the order for protection described below contain the following language, based upon RCW 9.28.080(11), after the service option " Petitioner has made private arrangements for service of this order":

If respondent is age 14 or older, serve respondent. If respondent is under age 14, serve respondent and respondent's guardian.

UH-05.0500

Order for Protection from Unlawful Civil Harassment - Respondent Under Age 18

This new Order for Protection from Unlawful Civil Harassment - Respondent Under Age 18 was developed pursuant to Chapter 260, Laws of 2001 (2SHB 1041), amending RCW 10.14.020, .040, .120, .170 and 7.21.030. This form also incorporates the changes described in the section regarding UH 04.0500, Order for Protection from Unlawful Civil Harassment.

UH-05.0700

Notification to Court of Respondent's New School

This optional form was developed to assist the courts in carrying out the following notice requirement found in RCW 10.14.040(7) as enacted by Chapter 260, Laws of 2001 (2SHB 1041) section 3:

"....The court shall send notice of the restriction on attending the same school as the person protected by the order to the public or approved private school the person restrained by the order will attend and to the school the person protected by the order attends."

Courts do not generally send notices as required by RCW 10.14.040(7) and the statute does not clearly define a procedure for accomplishing this notice requirement. Since practices vary by county, each court will need to develop a local procedure for carrying out the notice requirement.

The petition, the temporary order and the full order for protection contain a space for the address of the protected minor's school. Usually, the protected minor's school will know to which school the respondent transfers. Once the protected minor's school is notified of the restraint against the respondent, the court may arrange with that school to obtain information about the respondent's new school. The court may arrange for the telephonic exchange of information regarding the respondent's new school, the court may request written notification of the respondent's new school, or the court may order the petitioner to provide written notification of the respondent's new school, or another alternative. If a court's procedure requires written notification of respondent's new school to be sent to the court, the court my use the Notification to Court of Respondent's New School. The form may be completed by a school designee or by the petitioner depending upon the court's procedure. If the court requires the petitioner to complete the notification and file it with the court, the court may want to order the petitioner to do so in the order for protection.