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May 14, 2004
June 27, 2005
TO: Judicial and Legal Communities
FROM: Merrie
Gough, Legal Analyst
SUBJECT: SUMMARY
OF CHANGES TO DOMESTIC RELATIONS FORMS
The following table contains detailed descriptions of the
2005 updates to the Domestic Relations forms. The changes include revisions
based upon 2005 legislation; modifications recommended by the Gender and
Justice Commission relating to restraint provisions that qualify for federal
firearm restrictions and relating to domestic violence protection orders; and
other suggested changes adopted by the Pattern Forms Committee:
A.
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All Cases
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1.
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WPF All Cases 01.0200
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Declaration Re: Service Members Civil Relief Act
This is a new form is based upon 2005 Wash. Laws 254 § 5.
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B.
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Forms for Use in All Family Law Cases:
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1.
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WPF DRPSCU 01.0260
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Motion and Declaration for Service of Summons by
Publication
To implement 2005 Wash. Laws 117 (SB 5053), Service by
Publication – Domestic Relations (parenting plans), insert the following new paragraph
2.3:
2.3 [ ] Nonparental Custody Petition
(You must also complete this part if you are filing a Nonparental Custody
Petition):
The child [ ] is [ ] is not
in the physical custody of (living with) the petitioner(s).
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2.
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WPF DRPSCU 01.0270
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Summons by Publication
This is a new form for use in all family law case types
listed in 2005 Wash. Laws 117 (SB 5053). This new Summons by Publication
replaces forms WPF DR 01.0270 and WPF PS 01.0270.
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3.
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DRPSCU 01.0330
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Joinder
Change the first check box option in paragraph 2 from
“Does not apply” to “I waive notice of entry of the decree.”
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C.
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Modification of Parenting Plan/Residential Schedule Forms
(new section)
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The forms for modifying or adjusting
the custody decree/parenting plan/residential schedule were removed from the
set of Dissolution forms and placed in a new section “Modification of
Parenting Plan/Residential Schedule Forms.” The
form numbers were changed from “DR” to “DRPSCU” to indicate that the forms
may be used in all family law cases. These changes facilitate use of the
forms in all family law case types.
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1.
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WPF DRPSCU 07.0100
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Petition for
Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
The form number in the footer is
changed from “WPF DR 07.0100” to “WPF DRPSCU 07.0100.”
Insert “/PARTIES” at the end of
the paragraph 1.1 heading.
In paragraph 1.1 insert the
following information for a second petitioner:
Name (first/last) ________________ Birth date
___________.
Last known residence _________________ (county and
state).
Insert “/PARTIES” at the end of
the paragraph 1.2 heading.
In paragraph 1.2 insert the
following information for two more respondents:
Name (first/last) ________________ Birth date
___________.
Last known residence _________________(county and
state).
In paragraph 2.4, change the second line as follows:
The moving party/parties reside(s)
in ____________________________ [County
and State].
Change the fourth line
as follows:
The other party/parties reside(s)
in _____________________ [County and State]. (Increase length of writing
line.)
On page 3, in paragraph 2.5, insert the following two
check box options after the check box option that begins with “This court has
temporary emergency jurisdiction….”:
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ____________ [date],
then Washington's jurisdiction will be final and continuing.
On page 5, in paragraph 2.8, change “parents” to “parties”
and change “parent” to “party.” In the last check box option, change
“parent” to “person.”
On page 6, in paragraph 2.9, change “child” to “children”
and change “parent” to “party.”
In paragraph 2.10, change “child” to “children” and change
“parent” to “party.”
Insert the following new paragraph 2.12:
2.12 PROTECTION
ORDER
[ ] Does
not apply
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
Insert the following new paragraph 2.13:
2.13 SERVICEMEMBERS CIVIL RELIEF ACT STATEMENT.
2.13.1 [ ] ____________________ [name of
nonmoving party] is not a service member or a dependent of a service member.
2.13.2 _________________________ [name of nonmoving
party – service member]:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington.
[ ] is not on active duty in
the U.S. armed forces (excluding National Guard or reserves);
[ ] is not on active duty and
is a National Guard member or Reservist residing in Washington;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty in the U.S. armed
forces;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty as a National Guard
member or a Reservist residing in Washington;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is on active duty and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court has appointed
an attorney to represent the nonmoving party.
[ ] A stay of these
proceedings [ ] has [ ] has not been entered by the court.
2.13.3 __________________________ [name of
nonmoving party – dependent of service member]:
[ ] is a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] I am unable to determine whether
the nonmoving party is a dependent of a resident of Washington who is on
active duty and is a National Guard member or a Reservist;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court
has appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
In section III. RELIEF REQUESTED, insert the following as
the second to last check box option:
[ ] Enter a domestic
violence protection order.
Add a second petitioner’s signature line.
Add a second petitioner’s declaration signature line.
Change the joinder section as follows and add two more
joinder sections:
[ ] The I,
__________________________nonmoving party, joins in
the petition. I understand that by
joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[ ] I waive
notice of entry of the decree.
[ ] I demand
notice of all further proceedings in this matter. Further notice should be
sent to the following address: [You may list an address that is not your
residential address where you agree to accept legal documents]:
____________________________________________________
____________________________________________________
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2.
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WPF DRPSCU 07.0120
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Summons
(Modification/Adjustment of Custody Decree/Parenting Plan/Residential
Schedule)
The form number in the footer is
changed from “WPF DR 07.0120” to “WPF DRPSCU 07.0120.”
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3.
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WPF DRPSCU 07.0200
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Response to Petition for
Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
The form number in the footer is
changed from “WPF DR 07.0200” to “WPF DRPSCU 07.0200.”
In paragraph 1.1,
Admitted/Denied/Lacks Information paragraphs are added for new paragraphs
2.13 and 2.14 of the petition.
In section II. REQUESTS, the
following new paragraph is added:
2.3 PROTECTION
ORDER
[ ] Does
not apply
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If you
need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
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4.
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WPF DRPSCU 07.0250
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Notice of hearing for
Adequate Cause Determination
The form number in the footer is
changed from “WPF DR 07.0250” to “WPF DRPSCU 07.0250.”
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5.
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WPF DRPSCU 07.0300
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Order re Adequate Cause
(Modification/Adjustment of Custody Decree/Parenting Plan/Residential
Schedule)
The form number in the footer is
changed from “WPF DR 07.0300” to “WPF DRPSCU 07.0300.”
In the caption, move “Clerk’s
Action Required” up a line, below “Granted” and above “Hearing Set.”
The following new paragraph 2.6
is added:
2.6 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.6.1 [ ] _____________________________
[name of nonmoving party] is not a service member or a dependent of a service
member.
2.6.2 It appears ____________________________
[name of nonmoving party – service member]:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and reserves).
[ ] is not on active duty and is
a National Guard member or a Reservist residing in Washington.
2.6.3 It appears __________________________
[name of nonmoving party – dependent of service member]:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist.
A second signature section is
added below “Presented by.” Two signature sections are added below
“Approved by.” “Date” is added to the right of “signature” on all signature
lines.
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6.
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WPF DDRPSCU 07.0400
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Order Re
Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
The form number in the footer is
changed from “WPF DR 07.0400” to “WPF DRPSCU 07.0400.”
On page 2, in paragraph 2.1, the
following two check box options are added after the check box beginning with
“This court has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this chapter
or a child custody proceeding has been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of
RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until ________________ (date).
[ ] There is no previous custody determination that is
entitled to be enforced under this chapter and a child custody proceeding has
not been commenced in a court of a state having jurisdiction under RCW
26.27.201 through 26.27.221. If an action is not filed in
_____________________ [potential home state] by the time the child has been
in Washington for six months, ___________________ [date], then Washington's
jurisdiction will be final and continuing.
In paragraph 2.2 “child” is
changed to “children” and “parents” is changed to “parties.” In the last
check box option, “parent” is changed to “person.”
In paragraph 2.3, “parenting
plan” is changed to “custody decree/parenting plan/residential schedule.”
“Child” is changed to “children.” “Parent” is changed to “party.
In paragraph 2.4, “child” is
changed to “children,” and “parent is changed to “party.”
In paragraph 2.5, “child” is
changed to “children,” and “parent is changed to “party.”
The following new paragraph 2.6
is added:
2.6 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order,
with an expiration date of ___________________, protecting
_______________________ [Name] from _______________________________ [Name] is
necessary based upon declarations in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In section III. ORDER, the
following is inserted as the second to last check box option:
[ ] The parties shall
comply with the Order for Protection signed by the court on this date,
_____________________________ in this cause number. The Order for Protection
signed by the court is approved and incorporated as part of this decree.
A second signature section is
added below “Presented by.” Two signature sections are added below
“Approved by.” “Date” is added to the right of “signature” on all signature
lines.
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D.
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Child Relocation Act Forms:
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1.
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WPF DRPSCU 07.0550
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Motion/Declaration for Ex Parte order to Waive
Requirements for Notice of Intended Relocation of Children
On page 2, the following new paragraph 2.3 is inserted:
2.3 [ ] Service member or dependent
of service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in Washington
on active duty, list the reasons why this temporary order should be granted
despite the absence of the other party:
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2.
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WPF DRPSCU 07.0555
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Ex Parte Order Waiving Notice Requirements for
Relocation of Children
In section II. Findings, the following new check box
option is inserted after the sentence beginning with “the health or safety…:”
[ ] Further, the court
finds that the nonmoving party is absent and a) is on active duty as a
National Guard member or Reservist residing in Washington, or b) is a
dependent of a National Guard member or Reservist residing in Washington on
active duty. Despite the service member’s or dependent’s absence, failure to
enter the temporary orders below would result in manifest injustice to the
other interested parties.
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3.
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WPF DRPSCU 07.0700
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Objection to Relocation/Petition for Modification of
Custody Decree/Parenting Plan/Residential Schedule
In paragraph 3.5, on page 4, the following two check box options
are inserted after the check box beginning with “This court has temporary
emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ____________ [date],
then Washington's jurisdiction will be final and continuing.
Paragraph
3.7 is changed as follows:
3.7 REASONS FOR
OBJECTING TO THE RELOCATION.
[ ] Does not apply.
[ ] Based
upon the following factors, the detrimental effects of allowing the
children to move with the relocating person the relocation outweigh
the benefits of the change of the move to the children and the
relocating partyperson:
3.7.1 The
relative strength, nature, quality, extent of involvement, and stability of
the child’s relationship with each parent [ ] sibling [ ] and other
significant persons in the child’s life.
[ ] Does not apply.
[ ] Does apply. Explain:
3.7.2 Prior
agreements of the parties.
[ ] does not apply.
[ ] does apply. Explain:
3.7.3 Disrupting
contact between the child and the objecting party or parent is more
detrimental to the child than disrupting contact between the child and the
person with whom the child resides a majority of the time.
[
] does not apply.
[
] does apply. Explain:
3.7.4a The
objecting party or parent [ ] is [ ] is not subject to limitations under RCW
26.09.191.
[
] does not apply.
[
] does apply. Explain:
3.7.4b The
following parents or persons entitled to residential time with the child are
subject to limitations under RCW 26.09.191.
[
] does not apply.
[
] does apply. Explain:
3.7.5 The
reasons and good faith of each person seeking or opposing the relocation.
[
] does not apply.
[
] does apply. Explain:
3.7.6 The
age, developmental stage, and needs of the child, and the likely impact the
relocation or its prevention will have on the child’s physical, educational,
and emotional development, taking into consideration any special needs of the
child.
[
] does not apply.
[
] does apply. Explain:
3.7.7 The
quality of life, resources, and opportunities available to the child and to
the relocating party in the current and proposed geographic locations.
[
] does not apply.
[
] does apply. Explain:
3.7.8 The
availability of alternative arrangements to foster and continue the child’s
relationship with and access to the other parent.
[
] does not apply.
[
] does apply. Explain:
3.7.9 Alternatives
to relocation and whether it is feasible and desirable for the other party to
relocate.
[
] does not apply.
[
] does apply. Explain:
3.7.10 The financial impact
and logistics of relocation or its prevention.
[ ] does not
apply.
[ ] does apply.
Explain:
The following new paragraph
3.10 is added:
3.10 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against ____________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
In section IV.
RELIEF REQUESTED, the following check box option is inserted before “Other:”
[ ] Enter a domestic violence protection order.
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4.
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WPF DRPSCU 07.0730
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Response (Objection to Relocation/Petition for
Modification of Custody Decree/Parenting Plan/Residential Schedule)
In paragraph 1.1, the following Admitted/Denied/Lacks
Information lines were added after “3.7” and before 3.8:”
3.7.1 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.2 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.3 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.4a [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.4b [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.5 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.6 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.7 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.8 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.9 [ ] Admitted [ ] Denied [ ] Lacks
Information
3.7.10 [ ] Admitted [ ] Denied [ ] Lacks
Information
A new Admitted/Denied/Lacks Information line was also
added for paragraph 3.11 of the petition.
In paragraph 2.2, the following check box option was added
above the check box option for “other:”
Protection Order:
[ ] Enter a domestic violence
protection order protecting ____________________ [Name] from
______________________ [Name] because _______________________ [Name] has
committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the restrained
person will be prohibited from possessing a firearm or ammunition under
federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
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5.
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WPF DRPSCU 07.0800
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Motion/Declaration for an Ex Parte Order Allowing
Change of Children’s Principal Residence
The following new paragraph 2.4 is added:
2.4 [ ] Service member or dependent of
service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
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6.
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WPF DRPSCU 07.0800
|
Ex Parte Order Re: Change of Children’s Principal
Residence
The following new paragraph 2.3 is added to section II.
FINDINGS:
2.3 [ ] Further,
the court finds that the nonmoving party is absent and a) is on active duty
as a National Guard member or Reservist residing in Washington, or b) is a
dependent of a National Guard member or Reservist residing in Washington on
active duty. Despite the service member’s or dependent’s absence, failure to
enter the temporary orders below would result in manifest injustice to the
other interested parties.
Below the signature line, “Date” is added to the right of
“Signature.”
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7.
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WPF DRPSCU 07.0850
|
Motion/Declaration for Temporary Order Restraining
Relocation of Children
The following new paragraph 2.5 is added:
2.5 [ ] Service member or dependent of
service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
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8.
|
WPF DRPSCU 07.0870
|
Motion/Declaration for Temporary Order Permitting
Relocation of Children
The following new paragraph 2.3 is added:
2.3 [ ] Service member or dependent of
service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
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9.
|
WPF DRPSCU 07.0890
|
Temporary Order Re: Relocation of Children
The following new paragraph 2.4 was added:
2.4 [ ] Further,
the court finds that the nonmoving party is absent and a) is on active duty
as a National Guard member or Reservist residing in Washington, or b) is a
dependent of a National Guard member or Reservist residing in Washington on
active duty. Despite the service member’s or dependent’s absence, failure to
enter the temporary orders below would result in manifest injustice to the
other interested parties.
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10.
|
DRPSCU 07.0900
|
Order on Objection to Relocation/Modification of
Custody Decree/Parenting Plan/Residential Schedule
In paragraph 2.2, on page 2, the following two check box
options are inserted after the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________________
[date], then Washington's jurisdiction will be final and continuing.
Paragraph 2.3 was modified as follows:
2.3 FINDINGS REGARDING
OBJECTION TO THE RELOCATION:
Based upon the following factors, the
detrimental effect of allowing the children to move with the relocating
person the relocation [ ] do [ ] do not outweigh the benefits of
the change move to the children and the relocating person:
2.3.1 The relative strength, nature, quality,
extent of involvement, and stability of the child’s relationship with each
parent [ ] sibling [ ] and other significant persons in the child’s life.
[
] Does not apply.
[
] Does apply as follows:
2.3.2 Prior agreements of the parties.
[
] does not apply.
[
] does apply as follows:
2.3.3 Disrupting contact between the child and
the objecting party or parent is more detrimental to the child than
disrupting contact between the child and the person with whom the child
resides a majority of the time.
[ ] does not apply.
[ ] does apply as follows:
2.3.4a The objecting party or parent [ ] is [ ] is
not subject to limitations under RCW 26.09.191.
[ ] does not apply.
[ ] does apply as follows:
2.3.4b The following parents or persons entitled
to residential time with the child are subject to limitations under RCW
26.09.191.
[ ] does not apply.
[ ] does apply as follows:
2.3.5 The reasons and good faith
of each person seeking or opposing the relocation.
[ ] does not apply.
[ ] does apply as
follows:
2.3.6 The age, developmental stage, and needs of
the child, and the likely impact the relocation or its prevention will have
on the child’s physical, educational, and emotional development, taking into
consideration any special needs of the child.
[ ] does not apply.
[ ] does apply as follows:
2.3.7 The quality of life, resources, and
opportunities available to the child and to the relocating party in the
current and proposed geographic locations.
[ ] does not apply.
[ ] does apply as follows:
2.3.8 The availability of alternative
arrangements to foster and continue the child’s relationship with and access
to the other parent.
[ ] does not apply.
[ ] does apply as follows:
2.3.9 Alternatives to relocation and whether it
is feasible and desirable for the other party to relocate.
[ ] does not apply.
[ ] does apply as follows:
2.3.10 The
financial impact and logistics of relocation or its prevention.
[
] does not apply.
[
] does apply as follows:
The following new paragraph 2.5 was added:
2.5 PROTECTION ORDER.
[ ] Does not apply.
[ ] A domestic violence protection order,
with an expiration date of ________________, protecting _____________________________
[Name] from _______________________________ [Name] is necessary based upon
declarations in the file or attached.
[ ] If the duration of this order exceeds one
year, the court finds that an order of less than one year will be
insufficient to prevent further acts of domestic violence.
In paragraph 3.3, the following new check box option is
added above the check box “Other:”
[ ] The
parties shall comply with the Order for Protection signed by the court on
this date, _____________________________ in this cause number. The Order for
Protection signed by the court is approved and incorporated as part of this
decree.
Below the signature lines, “Date” is added to the right of
“Signature.” A second signature section is added below “Approved by.”
|
11.
|
WPF DRPSCU 07.0950
|
Motion/Declaration for Ex Parte Order Modifying
Parenting Plan/Residential Schedule
The following new paragraph 2.5 is added:
2.5 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.5.1 [ ] _______________________________
[name of nonmoving party] is not a service member or a dependent of a service
member.
2.5.2 _________________________________ [name of
nonmoving party – service member]:
[ ] is on active duty in the U.S.
armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is not on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty in the U.S. armed
forces,
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty as a National Guard
member or a Reservist residing in Washington;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is on active duty and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court has appointed an
attorney to represent the nonmoving party.
[ ] A stay of these proceedings
[ ] has [ ] has not been entered by the court.
2.5.3 ____________________________ [name of
nonmoving party – dependent of service member]:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] I am unable to determine
whether the nonmoving party is a dependent of a resident of Washington who is
on active duty and is a National Guard member or a Reservist;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court has
appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
|
12.
|
WPF DRPSCU 07.0955
|
Ex Parte Order Modifying Parenting Plan/Residential
Schedule
Insert the following new paragraph 2.4:
2.4 Servicemembers Civil Relief Act
Statement.
2.4.1 [ ] _____________________________
[name of nonmoving party] is not a service member or dependent of a service
member.
2.4.2 It appears ___________________________
[name of nonmoving party – service member]:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces;
[ ] is not on active duty and is
a National Guard member or a Reservist residing in Washington.
2.4.3 It appears ____________________________
[name of nonmoving party – dependent of service member]:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist.
In section III. ORDER, the following was added as the
first check box option:
[ ] The motion is denied.
“Date” is added to the signature line.
|
E.
|
Court Files – Confidential Information Forms
|
1.
|
WPF DRPSCU 09.0200
|
Confidential Information Form
The following changes were made to help prompt pro se
litigants to list more than one petitioner and one respondent in the
Confidential Information Form and Addendum:
On page 1, increase the font of the following sentence to
11.5 point font; and, underline and increase to 12 point font the word “Addendum:”
(Use the
Addendum To Confidential Information Form to list additional
parties or children)
On page 2, the check box
option about the addendum was changed as follows:
Addendum(s) To
Confidential Information Form is attached. List other parties or
children in Addendum(s).
|
F.
|
UIFSA Forms:
|
1.
|
WPF DRPSCU 10.0100
|
Request for Support Order Registration Under
UIFSA
Add the following docket code to
the caption and to the footer: “(RQSREG).”
|
2.
|
WPF DRPSCU 10.0150
|
Cover Sheet for Uniform
Interstate Family Support Act (UIFSA) Documents
Add the following docket code to
the caption and to the footer: “(CNRSE).”
|
G.
|
26.09 Forms:
|
1.
|
WPF DR 01.0100
|
Petition for Dissolution of Marriage
On page 5, in paragraph 1.11, the third, fourth and fifth
check boxes were changed as follows:
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from assaulting,
harassing, molesting or disturbing the peace of the petitioner other
party.
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from going onto the
grounds of or entering the home, work place or school of the petitioner
other party or the day care or school of the following
children:________________________________.
[ ] A continuing restraining order should be entered
which restrains or enjoins the respondent [ ] husband [ ] wife
from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or
school of the petitioner other party or the day care or school
of these children:
___________________________________________________.
Other:_____________________________________________.
The following was inserted as the new sixth check box
option:
[
] A continuing restraining order should be entered which restrains or
enjoins _______________________ [Name] from molesting, assaulting, harassing,
or stalking _________________________ [Name]. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or
ammunition under federal law for the duration of the order. An exception
exists for law enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
The following new paragraph 1.12 was added:
1.12 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
Paragraph 1.13, on page 6 was changed as follows:
1.1213 PREGNANCY.
[ ] The
wife is not pregnant.
[ ] The wife is pregnant and
under RCW 26.26.116, the husband is the presumed father. Note: If
husband or wife believes the husband is not the father, this presumption may
be challenged up to two years after the birth of the child or as otherwise
provided in RCW 26.26.500 through 26.26.625.The father of the
unborn child is [ ] the husband [ ] not the husband [ ] unknown.
[ ] Other:
On page 7, in paragraph 1.14, insert the following two
check box options after the check box option that begins with “This court has
temporary emergency jurisdiction….:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ____________ [date],
then Washington's jurisdiction will be final and continuing.
On page 9, under “II. RELIEF REQUESTED” insert this check
box:
[
] Enter a domestic violence protection order.
Change the Joinder check
box option as follows:
The
respondentI, the respondent, join in the petition. I understand that by
joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
2.
|
WPF DR 01.0110
|
Petition for Legal Separation
On page 5, in paragraph 1.11, the third, fourth and fifth
check boxes were changed as follows:
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from assaulting,
harassing, molesting or disturbing the peace of the petitioner other
party.
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from going onto the
grounds of or entering the home, work place or school of the petitioner
other party or the day care or school of the following
children:________________________________.
[ ] A continuing restraining order should be entered
which restrains or enjoins the respondent [ ] husband [ ] wife
from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or
school of the petitioner other party or the day care or school
of these children:
___________________________________________________.
Other:_____________________________________________.
The following was inserted as the new sixth check box
option:
[
] A continuing restraining order should be entered which restrains or
enjoins _______________________ [Name] from molesting, assaulting, harassing,
or stalking _________________________ [Name]. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or
ammunition under federal law for the duration of the order. An exception
exists for law enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
A new paragraph 1.12 was inserted:
1.12 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 5, paragraph 1.13 was changed as follows:
1.13 PREGNANCY.
[ ] The
wife is not pregnant.
[ ] The wife is pregnant and
under RCW 26.26.116, the husband is the presumed father. Note: If
husband or wife believes the husband is not the father, this presumption may
be challenged up to two years after the birth of the child or as otherwise
provided in RCW 26.26.500 through 26.26.625.The father of the
unborn child is [ ] the husband [ ] not the husband [ ] unknown.
[ ] Other:
On page 6, in paragraph 1.14, the following two check box
options were inserted after the check box option that begins with “This court
has temporary emergency jurisdiction….”:
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There is no previous custody
determination that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not
filed in _____________________ [potential home state] by the time the child
has been in Washington for six months, ____________ [date], then Washington's
jurisdiction will be final and continuing.
On page 8, under “II. RELIEF REQUESTED” insert this check
box:
[
] Enter a domestic violence protection order.
Change the Joinder check
box option as follows:
The
respondent I, the respondent, joins in the petition. I understand that
by joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
3.
|
WPF DR 01.0120
|
Petition for Declaration Concerning Validity
On page 4, in paragraph 1.11, the second, third and fourth
check boxes were changed as follows:
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from assaulting,
harassing, molesting or disturbing the peace of the petitioner other
party.
[
] A continuing restraining order should be entered which restrains or
enjoins the respondent [ ] husband [ ] wife from going onto the
grounds of or entering the home, work place or school of the petitioner
other party or the day care or school of the following
children:________________________________.
[ ] A continuing restraining order should be entered
which restrains or enjoins the respondent [ ] husband [ ] wife
from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or
school of the petitioner other party or the day care or school
of these children:
___________________________________________________.
Other:_____________________________________________.
The following new fifth check box option was added:
[
] A continuing restraining order should be entered which restrains or
enjoins _______________________ [Name] from molesting, assaulting, harassing,
or stalking _________________________ [Name]. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or
ammunition under federal law for the duration of the order. An exception
exists for law enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
On page 5, new paragraph 1.12 was inserted:
1.12 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 5, paragraph 1.13 was changed as follows:
1.13 PREGNANCY.
[ ] The
wife is not pregnant.
[ ] The wife is pregnant and
under RCW 26.26.116, the husband is the presumed father. Note: If
husband or wife believes the husband is not the father, this presumption may
be challenged up to two years after the birth of the child or as otherwise
provided in RCW 26.26.500 through 26.26.625. The father of the
unborn child is [ ] the husband [ ] not the husband [ ] unknown.
[ ] Other:
In paragraph 1.14, on page 6, the following two check box
options were inserted after the check box option that begins with “This court
has temporary emergency jurisdiction….”:
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
On page 8, under “II. RELIEF REQUESTED” this check box
option was inserted before the check box option “Enter a continuing
restraining order:”
[
] Enter a domestic violence protection order.
Change the Joinder check
box option as follows:
The respondentI, the respondent, joins in the petition. I understand that by joining in
the petition, a decree or judgment and order may be entered in accordance
with the relief requested in the petition, unless prior to the entry of the
decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
4.
|
WPF DR 01.0270
|
Summons by Publication
This form is deleted. It is replaced with form number
DRPSCU 01.0270, in the set of forms for use in all family law cases.
|
5.
|
WPF DR 01.0300
|
Response to Petition
In paragraph 1.1, a new Admitted/Denied/Lacks Information
line is added for paragraph 1.16 of the petition.
In section “II. REQUEST FOR RELIEF,” on page 3,
immediately above the check box option “Enter a continuing restraining
order,” the following new check box option is added before the check box
“Enter a continuing restraining order:”
Protection Order:
[ ] Enter a domestic violence
protection order protecting ____________________ [Name] from
______________________ [Name] because _______________________ [Name] has
committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying department/government-issued
firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
|
6.
|
WPF DR 03.0100
|
Motion and Declaration for Default
On page 3, paragraph 2.6 was changed as follows:
2.6 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.6.1 The nonmoving party is not a service
member or a dependant of a service member.
2.6.2 The nonmoving
party – Sservice member:
[ ] is on active duty in the U.S.
armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington.
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and the reserves);
[ ] is not on active duty and
is a National Guard member or Reservist residing in Washington;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty in the U.S. armed
forces;
[ ] I am unable to determine whether the
nonmoving party is or is not on active duty as a National Guard member or a
Reservist residing in Washington;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is on active duty and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court has appointed an
attorney to represent the nonmoving party.
[ ] A stay of these proceedings
[ ] has [ ] has not been entered by the court.
2.6.3 The
nonmoving party – dependent of service member;
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] I am unable to determine
whether the nonmoving party is a dependent of a resident of Washington who is
on active duty and is a National Guard member or a Reservist;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court
has appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
|
7.
|
WPF DR 03.0200
|
Order of Default
On page 2, new paragraph 2.5 is inserted:
2.5 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.5.1 [ ] The nonmoving party is not a
service member and is not a dependent of a service member.
2.5.2 It appears the
nonmoving party – service member:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is not on active duty and is
a National Guard member or a Reservist residing in Washington.
2.5.3 It appears the nonmoving party – dependent
of service member:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist.
In section III. Order, add a colon after “that” and create
two check box options:
[
] The motion is denied.
[ ] The nonmoving
party is in default.
|
8.
|
WPF DR 04.0100
|
Motion and Declaration for Temporary Order
On page 1, in section “I. MOTION,” the fifth check box
option is changed as follows:
[ ] restrains or enjoins the [ ] husband [ ] wife
from molesting or disturbing the peace of the other party or of any
child.
Add the following as the new eighth check box option:
[
] restrains or enjoins __________________________ [Name] from molesting,
assaulting, harassing, or stalking ______________________________[Name]. (If
the court orders this relief, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
In the declaration, on page 3, insert the new check box
option:
[ ] If the nonmoving
party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
|
9.
|
WPF DR 04.0150
|
Motion/Declaration for Ex Parte Restraining Order and
for Order to Show Cause
In the caption and footer, change the docket code from
“MTAF” to “MTSC.”
On page 1, in paragraph 1.1, the second check box option was
changed as follows:
[
] the [ ] husband [ ] wife from molesting or disturbing the peace
of the other party or of any child.
On page 2, the following as the new sixth check box option
in paragraph 1.1 was inserted:
[
] ___________________________ [Name] from molesting, assaulting,
harassing, or stalking __________________ [Name]. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or
ammunition under federal law for the duration of the order. An exception
exists for law enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
In the declaration, on page 4, the following new paragraph
2.5 was inserted:
2.5 SERVICE MEMBER OR DEPENDENT OF SERVICE MEMBER.
[ ] If the nonmoving party
is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
|
10.
|
WPF DR 04.0170
|
Ex Parte Restraining Order/Order to Show Cause
In the caption and in the footer, add the docket code
“ORTSC”.
In the caption below the check box for “Clerk’s Action
Required,” insert the following check box option:
[
] Law Enforcement Notification, ¶ 4.1
On page 2, in section III. Findings, insert the following
new check box option:
[ ] Further, the court finds that the
nonmoving party is absent and a) is on active duty as a National Guard member
or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary
orders below would result in manifest injustice to the other interested
parties.
On page 2, in paragraph 4.1 change the second check box
option as follows:
[ ] The [ ] husband [ ] wife is restrained and
enjoined from molesting or disturbing the peace of the other party or
of any child.
Insert the following as the new fifth check box option:
[
] ______________________________ [Name] is restrained and enjoined from
molesting, assaulting, harassing, or stalking ________________________
[Name]. (If the court orders this relief after the hearing, the restrained
person will be prohibited from possessing a firearm or ammunition under
federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
In paragraph 4.1 on page 3, after the clerk’s action
section, insert the following new section on Full Faith and Credit:
FULL FAITH AND CREDIT
Pursuant to 18 U.S.C. § 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.
On
page 5 under the signature line, add “Date.”
|
11.
|
WPF DR 04.0250
|
Temporary Order
In the caption below the check box for “Clerk’s Action
Required,” insert the following check box option:
[
] Law Enforcement Notification, ¶ 3.1
On page 2, in section II. Basis, the following new check
box option is inserted:
[ ] Further, the court finds that the
nonmoving party is absent and a) is on active duty as a National Guard member
or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary
orders below would result in manifest injustice to the other interested
parties.
On page 2, in paragraph 3.1, the second check box option is
changed as follows:
[ ] The [ ] husband [ ] wife is restrained and
enjoined from molesting or disturbing the peace of the other party or
of any child.
The following was inserted as the new fifth check box
option:
[ ] ________________________________ [Name] is
restrained and enjoined from molesting, assaulting, harassing or stalking
____________________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this restraining order is in effect, the restrained person may not possess
a firearm or ammunition. 18. U.S.C. § 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-issue firearms. 18
U.S.C. § 925(a)(1).)
At the end of paragraph 3.1, on page 3, the following new
section was inserted:
FULL
FAITH AND CREDIT
Pursuant to 18 U.S.C. § 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.
On the last page, in the signature areas, move “WSBA NO.”
to the right of “Print or Type Name. On the signature line, add “Date.”
|
12.
|
WPF DR 04.0300
|
Findings of Fact and Conclusions of Law
On page 5, new paragraph 2.14 is added:
2.14 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
Also on page 6, paragraph 2.16, Pregnancy, was changed as
follows:
2.16
PREGNANCY.
[
] The wife is not pregnant.
[ ] The wife is pregnant and under RCW
26.26.116, the husband is the presumed father. Note: If husband
or wife believes the husband is not the father, this presumption may be
challenged up to two years after the birth of the child or as otherwise
provided in RCW 26.26.500 through 26.26.625.. The father of the
unborn child is [ ] the husband [ ] not the husband [ ] undetermined.
[ ] Other:
In paragraph 2.18, on page 8, the following two new check
box options were inserted after the paragraph beginning with “This court has
temporary emergency jurisdiction:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There is no previous custody determination that is
entitled to be enforced under this chapter and a child custody proceeding has
not been commenced in a court of a state having jurisdiction under RCW
26.27.201 through 26.27.221. If an action is not filed in
_____________________ [potential home state] by the time the child has been
in Washington for six months, ___________ [date], then Washington's
jurisdiction will be final and continuing.
On page 9, the new paragraph 3.3 was inserted:
3.3 PREGNANCY.
[ ] Does
not apply.
[ ] The wife is pregnant. Any challenge to
the husband’s presumed paternity shall be initiated by: 1) signing and
filing a valid denial of paternity and a valid acknowledgement of paternity
under RCW 26.26.300 through 26.26.375; or, 2) a proceeding to determine the
parentage of the unborn child under RCW 26.26.500 through 26.26.625.
On page 9, the following new paragraph 3.6 was added:
3.6 PROTECTION
ORDER.
[
] Does not apply.
[ ] A domestic violence
protection order with an expiration date of _________________ should be
entered.
On page 10, “Date” is added to the signature lines.
|
13.
|
WPF DR 04.0400
|
Decree of Dissolution/Legal Separation/Declaration
Concerning Validity
In the caption below the check box for “Clerk’s Action
Required,” insert the following check box option:
[
] Law Enforcement Notification, ¶ 3.8
On page 5 in paragraph 3.8, in the check box section
regarding a continuing restraining order, the first sub-check box option was
changed as follows:
[ ] The [ ] husband [ ] wife is restrained and
enjoined from assaulting, harassing, molesting or disturbing the peace
of the other party.
On page 6, (still in paragraph 3.8) the following check
box option was added immediately above the check box option “Other:”
[ ] _________________________ [Name] is restrained
and enjoined from molesting, assaulting, harassing, or stalking
____________________ [Name]. (The following firearm restrictions apply if
this box is checked: Effective immediately and continuing as long as this
continuing restraining order is in effect, the restrained person may not
possess a firearm or ammunition. 18 U.S.C. § 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-issue firearms. 18
U.S.C. § 925(a)(1).)
After the Clerk’s Action section, the following new
SERVICE section is inserted:
SERVICE:
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained
party or attorney did not appear in court; service of this order is required.
In the section “EXPIRATION,” add the following as the
second paragraph:
[ ] Any temporary restraining order signed by the
court in this cause number is terminated. CLERK'S ACTION. The clerk of the
court shall forward a copy of this order, on or before the next judicial day,
to: ______________________________ law enforcement agency where PETITIONER
resides which shall enter this order into any computer-based criminal
intelligence system available in this state used by law enforcement agencies
to list outstanding warrants.
Also
on page 6, at the end of paragraph 3.8, the following new section is added:
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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.
On page 7, new paragraph 3.9 is added:
3.9 PROTECTION ORDER
[
] Does not apply.
[ ] The
parties shall comply with the Order for Protection signed by the court on
this date, _____________________________ in this cause number. The Order for
Protection signed by the court is approved and incorporated as part of this
decree.
On page 8, in the signature area, “WSBA NO.” was moved to
the right of “Print or Type Name.” “Date” was added to the right of
“Signature.”
|
14.
|
WPF DR 06.0200
|
Summons for Modification of Child Support
In paragraph 2, the Financial Declaration form number was
changed to WPF DRPSCU 01.1550.
|
15.
|
WPF DR 06.0400
|
Motion/Declaration for Default (Child Support
Modification)
On page 2, change paragraph 2.6 as follows:
2.6 SERVICEMEMBERS
CIVIL RELIEF ACT STATEMENT.
2.6.1 [ ] The
nonmoving party is not a service member or a dependent of a service member.
2.6.2 The nonmoving party –
service member:
[ ] is on active duty in the U.S. armed forces (excluding
National Guard and reserves);
[ ] is on active duty and is
a National Guard member or a Reservist residing in Washington;
[ ] is not
on active duty in the U.S. armed forces (excluding National Guard and reserves);
[ ] is
not on active duty and is a National Guard member or Reservist residing in
Washington;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty as a National Guard
member or a Reservist residing in Washington;
[ ] I am unable to determine whether the
nonmoving party is or is not on active duty in the U.S. armed forces;
based
upon the following facts:
[ ] As indicated above, the
nonmoving party is on active duty and (check all that apply):
[ ] The nonmoving
party is represented by an attorney.
[ ] The court has
appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
2.6.3 The nonmoving party – dependent of service
member;
[ ] is a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] I am unable to determine
whether the nonmoving party is a dependent of a resident of Washington who is
on active duty and is a National Guard member or a Reservist;
based upon the following facts:
[ ] As indicated above, the nonmoving party is
a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court
has appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
|
16.
|
WPF DR 06.0450
|
Order of Default (Child Support Modification)
On page 2, the following new paragraph 2.5 is inserted:
2.5 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.5.1 [ ] The nonmoving party is not a
service member and is not a dependent of a service member.
2.5.2 It appears the
nonmoving party – service member:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is not on active duty and is
a National Guard member or a Reservist residing in Washington.
2.5.3 It appears the nonmoving party – dependent
of service member:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist.
In section III. Order, insert a colon after “that,” and
create the following two check box options:
[ ] The motion
is denied.
[ ] _____________________________________________ [Name] is in default and that the moving party be granted the
relief requested in the petition.
|
17.
|
WPF DR 07.0100
|
Petition for Modification/Adjustment of Custody
Decree/Parenting Plan/Residential Schedule
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0100.
|
18.
|
WPF DR 07.0120
|
Summons (Petition for Modification/Adjustment of
Custody Decree/Parenting Plan/Residential Schedule)
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0120.
|
19.
|
WPF DR 07.0200
|
Response to Petition for Modification/Adjustment of
Custody Decree/Parenting Plan/Residential Schedule
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0200.
|
20.
|
WPF DR 07.0250
|
Notice of Hearing for Adequate Cause (Modification
/Adjustment of Custody Decree/Parenting Plan/Residential Schedule)
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0250.
|
21.
|
WPF DR 07.0300
|
Order re Adequate Cause (Modification /Adjustment of
Custody Decree/Parenting Plan/Residential Schedule)
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0300.
|
22.
|
WPF DR 07.0400
|
Order re Modification/Adjustment of Custody
Decree/Parenting Plan/Residential Schedule
This form is moved to the set of forms for use in all
family law cases and renumbered: WPF DRPSCU 07.0400.
|
H.
|
Nonparental Custody Forms
|
1.
|
WPF CU 01.0100
|
Nonparental Custody Petition
In paragraph 1.6, on page 4, the following two check box
options were inserted after the check box option beginning with “This court
has temporary emergency jurisdiction….:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There is no previous custody
determination that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not
filed in _____________________ [potential home state] by the time the child
has been in Washington for six months, ___________________ [date], then
Washington's jurisdiction will be final and continuing.
In section II. RELIEF REQUESTED, the following new check
box option was inserted after the check box option “Enter a continuing
restraining order:”
[ ] Enter
a domestic violence protection order protecting __________________________
[Name] from __________________________ [Name]. If you check this box,
contact the clerk/court for RCW 26.50 Domestic Violence forms.
The JOINDER section was modified as follows, and two
additional JOINDER sections were added:
The respondentI,______________, join in the petition. I understand that by joining in the
petition, a decree or judgment and order may be entered in accordance with
the relief requested in the petition, unless prior to the entry of the decree
or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
__________ _____________________
_________________
Date Signature
of Respondent Print or Type Name
|
2.
|
WPF CU 01.0250
|
Indian Child Welfare Act Notice 25 U.S.C. § 1912(a)
The docket code “(BIAN)” is added to the caption and to
the footer.
|
3.
|
WPF CU 01.0300
|
Response to Nonparental Custody Petition
In section II. REQUESTS, the following check box option was added
above the check box option “Enter a continuing restraining order:”
[ ] Enter a domestic violence protection order
protecting __________________________ [Name] from __________________________
[Name]. If you check this box, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
|
4.
|
WPF CU 02.0100
|
Findings of Fact and Conclusions of Law
In paragraph 2.4, on page 3, the following two new check
box options were added after the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There is no previous custody
determination that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not
filed in _____________________ [potential home state] by the time the child
has been in Washington for six months, ___________________ [date], then
Washington's jurisdiction will be final and continuing.
On the last page, “Date” was added to the right of
“Signature” below the signature lines.
|
5.
|
WPF CU 02.0200
|
Nonparental Custody Decree
In the caption on page 1, below “Clerk’s action required,”
the following check box option was added:
[ ] Law Enforcement
Notification ¶ 3.5
In the restraining order summary, the paragraph reference
was changed to “paragraph 3.5.”
In paragraph 3.5, in the Violation warnings, the paragraph
reference was changed to “paragraph 3.5.”
Also in paragraph 3.5, the following check box option was
added after the existing paragraph under the heading “EXPIRATION:”
[ ] Any temporary
restraining order signed by the court in this cause number is terminated.
CLERK'S ACTION. The clerk of the court shall forward a copy of this order,
on or before the next judicial day, to: ______________________________ law
enforcement agency where PETITIONER resides which shall enter this order into
any computer-based criminal intelligence system available in this state used
by law enforcement agencies to list outstanding warrants.
In the signature area, “WSBA No.” was moved to the right
of “Print or Type Name.” “Date” was added to the right of “Signature.”
Signature lines for two more petitioners and respondents were added.
|
6.
|
WPF CU 03.0100
|
Motion and Declaration for Temporary Nonparental
Custody Order
In section II. DECLARATION, the following new check box
option was inserted:
[ ] If the nonmoving
party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
|
7.
|
WPF CU 03.0150
|
Motion/Declaration for Ex Parte Restraining Order and
for Order to Show Cause
The docket code in the caption and footer was changed from
“MTAF” to “MTSC.”
In section II. DECLARATION, the following new paragraph
2.6 was added:
2.6 SERVICE
MEMBER OR DEPENDENT OF SERVICE MEMBER.
[ ] If the nonmoving
party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
|
8.
|
WPF CU 03.0170
|
Ex Parte Restraining Order/Order to Show Cause
In the caption and footer, “ORTSC” was inserted after the
existing docket code, with both docket codes separated with “/.”
Also in the caption, below “Clerk’s Action Required,” the
following new check box option was added:
[ ] Law Enforcement
Notification ¶ 4.1
At the end of section III. FINDINGS, the following new
check box option was inserted:
[
] Further, the court finds that the nonmoving party is absent and a)
is on active duty as a National Guard member or Reservist residing in
Washington, or b) is a dependent of a National Guard member or Reservist
residing in Washington on active duty. Despite the service member’s or
dependent’s absence, failure to enter the temporary orders below would result
in manifest injustice to the other interested parties.
On the last page, “Date” was inserted to the right of
“Signature,” below the signature line.
|
9.
|
WPF CU 03.0200
|
Temporary Custody Order
In the caption, below “Clerk’s Action Required,” the
following check box option was inserted:
[ ] Law Enforcement
Notification, ¶ 3.2
The following new check box option was inserted at the end
of section II. BASIS:
[ ] Further, the court finds that the
nonmoving party is absent and a) is on active duty as a National Guard member
or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary orders
below would result in manifest injustice to the other interested parties.
In the signature area, “WSBA No.” was moved to the right
of “Print or type Name.” “Date” was inserted to the right of “Signature.”
Four additional signature spaces were added below the existing signature
spaces.
|
10.
|
WPF CU 03.0500
|
Order Directing DCFS/CPS to Release Information and
Order Restricting Access
The docket code “(ORDINFO)” was added to the caption and
to the footer.
|
11.
|
WPF CU 03.0520
|
Cover Sheet for DCFS/CPS Background Check Information
The docket code “(CSBKGD)” was added to the caption and to
the footer.
|
12.
|
WPF CU 03.0540
|
Cover Sheet for Authorization to Release Information to
the Court
The docket code “(CSAUTH)” was added to the caption and to
the footer.
|
13.
|
WPF CU 03.0550
|
Cover Sheet for WSP Criminal History Record
The docket code “(CSCRIM)” was added to the caption and to
the footer.
|
I.
|
Parentage Forms
|
1.
|
WPF PS 01.0100
|
Petition for Establishment of Parentage
In paragraph 1.5, on page 4, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
On page 4, the following new paragraph 1.9 was added:
1.9 CONTINUING
RESTRAINING ORDER.
[ ] Does not
apply.
[ ] A continuing restraining order
should be entered which restrains or enjoins _____________________ [Name] from
disturbing the peace of ______________ [Name].
[ ]_ A continuing restraining order should
be entered which restrains or enjoins ______________________ [Name] from
going onto the grounds of or entering the home, work place or school of __________________
[Name] or the day care or school of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins ________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
______________________________________
[ ] A continuing restraining order
should be entered which restrains or enjoins ______________________ [Name]
from molesting, assaulting, harassing, or stalking __________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
On page 5, the following new paragraph 1.10 was added:
1.10 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 6, in the section “RELIEF REQUESTED,” the
following new check box options were added before the check box relating to
court costs and other fees:
[
] Provides for a domestic violence protection order.
[
] Provides for a continuing restraining order.
The JOINDER section was changed as follows and a second
JOINDER section added:
[ ] Does not apply.
[ ] The respondentI,_______________, join in the petition. I understand that by joining in the
petition, a decree or judgment and order may be entered in accordance with
the relief requested in the petition, unless prior to the entry of the decree
or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
Dated: _________ ________________________________
Signature of Respondent
Joining Party
|
2.
|
WPF PS 01.0150
|
Declaration of Mother
Section II. MILITARY SERVICE, was changed as follows:
To the best of my
knowledge and belief _______________ [name] is not a service member or a
dependent of a service member.
To the best of my knowledge
and belief _______________ [Name]
[ ] is in the armed services as defined
in the Servicemembers Civil Relief Act.is on active duty in the U.S.
armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a National
Guard member or a Reservist residing in Washington.
[ ] is not on active duty in the U.S.
armed forces (excluding National guard and reserves);in the armed
services as defined in the Servicemembers Civil Relief Act.
[ ] is not on active duty and is a National
Guard member or a Reservist residing in Washington.
[ ] other:
To the best of my
knowledge and belief ______________ [Name]
[ ] is a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist;
[
] other:
|
3
|
WPF PS 01.0155
|
Declaration of Father
Section II. MILITARY SERVICE, was changed as follows:
To the best of my
knowledge and belief _______________ [name] is not a service member or a
dependent of a service member.
To the best of my knowledge
and belief _______________ [Name]
[ ] is in the armed services as defined
in the Servicemembers Civil Relief Act.is on active duty in the U.S.
armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a National
Guard member or a Reservist residing in Washington.
[ ] is not on active duty in the U.S.
armed forces (excluding National guard and reserves);in the armed
services as defined in the Servicemembers Civil Relief Act.
[ ] is not on active duty and is a National
Guard member or a Reservist residing in Washington.
[ ] other:
To the best of my
knowledge and belief ______________ [Name]
[ ] is a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist;
[
] other:
|
4.
|
WPF PS 01.0300
|
Response to Petition for Establishment of Parentage
On page 1 in paragraph 1, lines for paragraphs 1.10 and
1.11 of the petition were added as follows:
1.10 [
] Admitted [ ] Denied [ ] Lacks Information
1.11 [
] Admitted [ ] Denied [ ] Lacks Information
On page 3, in paragraph 6, the following fourth and fifth
check box options were added:
Protection Order.
[ ] Enter a domestic violence protection
order protecting _______________ [Name] from _____________ [Name] because
____________________ [Name] has committed domestic violence as defined by
26.50 RCW against ____________________ [Name]. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or
ammunition under federal law for the duration of the order. An exception
exists for law enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
[ ] Enter a
continuing restraining order.
|
5.
|
WPF PS 03.0100
|
Motion and Declaration for Default
On page 3, paragraph 2.6 was changed as follows:
2.6 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.6.1 [ ] The nonmoving party is not a
service member or a dependant of a service member.
2.6.2 The nonmoving
party – service member:
[ ] is on active duty in the U.S.
armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington.
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and the reserves);
[ ] is not on active duty and
is a National Guard member or Reservist residing in Washington;
[ ] I am unable to determine
whether the nonmoving party is or is not on active duty in the U.S. armed
forces;
[ ] I am unable to determine whether the
nonmoving party is or is not on active duty as a National Guard member or a
Reservist residing in Washington;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is on active duty and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court has appointed an
attorney to represent the nonmoving party.
[ ] A stay of these proceedings
[ ] has [ ] has not been entered by the court.
2.6.3 The
nonmoving party – dependent of service member;
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist;
[ ] I am unable to determine
whether the nonmoving party is a dependent of a resident of Washington who is
on active duty and is a National Guard member or a Reservist;
based upon the following facts:
[ ] As indicated above, the nonmoving party
is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist and (check all that apply):
[ ] The nonmoving party is
represented by an attorney.
[ ] The court
has appointed an attorney to represent the nonmoving party.
[ ] A stay of
these proceedings [ ] has [ ] has not been entered by the court.
|
6.
|
WPF PS 03.0200
|
Order of Default
The following new paragraph 2.5 was added:
2.5 SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
2.5.1 [ ] The nonmoving party is not a
service member and is not a dependent of a service member.
2.5.2 It appears the
nonmoving party – service member:
[ ] is on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a
National Guard member or a Reservist residing in Washington;
[ ] is not on active duty in the
U.S. armed forces (excluding National Guard and reserves);
[ ] is not on active duty and is
a National Guard member or a Reservist residing in Washington.
2.5.3 It appears the nonmoving party – dependent
of service member:
[ ] is a dependent of a resident
of Washington who is on active duty and is a National Guard member or a
Reservist;
[ ] is not a dependent of a
resident of Washington who is on active duty and is a National Guard member
or a Reservist.
In section III. ORDER, a colon was added after “that.”
The following two new check box options were created:
[ ] The motion is denied.
[ ] The nonmoving party
is in default.
|
7.
|
WPF PS 03.0250
|
Motion for Summary Judgment on Parentage
Change the docket code in the caption and footer form
“(MTSJG)” to “(MTSMJG).”
|
8.
|
WPF PS 04.0100
|
Motion and Declaration for Temporary Order
On page 1, in section “I. MOTION,” change the third check
box option as follows:
[
] restrains or enjoins_________________________ [Name] from molesting
or disturbing the peace of the other party or of any child.
The following is added as the sixth check box option:
[ ] restrains or enjoins ________________________
[Name] from molesting, assaulting, harassing, or stalking
______________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
In section II. DECLARATION, the following new check box
option is added:
[ ] If the nonmoving
party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in
Washington, or
b) is a dependent of a National Guard member or Reservist residing in
Washington on active duty, list the reasons why this temporary order should
be granted despite the absence of the other party:
|
9.
|
WPF PS 04.150
|
Motion/Declaration For Ex Parte Restraining Order and
Order to Show Cause
The docket code in the caption and in the footer was
changed from “(MTAF)” to “(MTSC).”
On page 1, in section “I. MOTION,” the first check box
option was changed as follows:
[
] _______________________________________ [Name] from molesting
or disturbing the peace of the other party or of any child.
On page 2, the following was added as the fifth check box
option in section “I. MOTION:”
[
] ______________________________________ [Name] from molesting,
assaulting, harassing, or stalking _______________________________ [Name].
(If the court orders this relief, the restrained person will be prohibited
from possessing a firearm or ammunition under federal law for the duration of
the order. An exception exists for law enforcement officers and military
personnel when carrying department/ government-issued firearms. 18 U.S.C. § 925(a)(1).)
|
10.
|
WPF PS 04.0170
|
Ex Parte Restraining Order/Order to Show Cause
The docket code “ORTSC” was added to the caption and to
the footer. The two docket codes are separated by “/”.
In the caption below the check box for “Clerk’s Action
Required,” insert the following check box option:
[
] Law Enforcement Notification, ¶ 4.1
Add the following check box option at the end of section
III. FINDINGS:
[ ] Further, the court finds that the
nonmoving party is absent and a) is on active duty as a National Guard member
or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary
orders below would result in manifest injustice to the other interested
parties.
On page 2, in paragraph 4.1, the second check box option was
changed as follows:
[
] _________________________________ [Name] is restrained and enjoined from molesting or disturbing
the peace of the other party or of any child.
The following was added as the fifth check box option:
[ ] ______________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing, or
stalking ___________________________________ [Name]. (If the court orders
this relief after the hearing, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. §
925(a)(1).)
The following was added at the end of paragraph 4.1:
FULL FAITH AND CREDIT
Pursuant
to 18 U.S.C. § 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 signature section, “Date” was added to the right of
“Signature” under the signature line.
|
11.
|
WPF PS 04.0200
|
Judgment and Order Determining Parentage and Granting
Additional Relief
In the caption, below “Clerk’s Action Required, “insert:
[ ] Law Enforcement Notification
¶ 3.11.
On page 5, in paragraph 3.11, the first sub-check box
option was changed as follows:
[ ] __________________________ [Name] is restrained
and enjoined from assaulting, harassing, molesting or disturbing the
peace of the other party.
The following check box option was added immediately
above the check box option “Other:”
[ ] _________________________ [Name] is restrained
and enjoined from molesting, assaulting, harassing, or stalking
____________________ [Name]. (The following firearm restrictions apply if
this box is checked: Effective immediately and continuing as long as this
continuing restraining order is in effect, the restrained person may not possess
a firearm or ammunition. 18 U.S.C. § 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-issue firearms. 18 U.S.C. §
925(a)(1).
On page 6, in the section “EXPIRATION,” the following was
added as the second paragraph:
[
] Any temporary restraining order previously entered in this cause number
is terminated. CLERK'S ACTION. The clerk of the court shall forward a copy
of this order, on or before the next judicial day, to:
______________________________ law enforcement agency where PETITIONER
resides which shall enter this order into any computer-based criminal intelligence
system available in this state used by law enforcement agencies to list
outstanding warrants.
Also on page 6, at the
end of paragraph 3.11, the following new section was added:
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 signature section “WSBA NO.” was moved to the right
of “Print or Type Name.” “Date” was added to the right of “Signature.” A
signature section for a second responded was added.
|
12.
|
WPF PS 04.0250
|
Temporary Order
In the caption below the check box for “Clerk’s Action
Required,” the following check box option was inserted:
[
] Law Enforcement Notification, ¶ 3.2
On page 2, the following new check box option was added at
the end of section II. BASIS:
[ ] Further, the court finds that the
nonmoving party is absent and a) is on active duty as a National Guard member
or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary
orders below would result in manifest injustice to the other interested
parties.
On page 2, in paragraph 3.2, the second check box option
was changed as follows:
[
] __________________________________ [Name] is restrained and enjoined from molesting or disturbing
the peace of the other party or of any child.
The following was inserted as
the fifth check box option:
[ ] _______________________________ [Name] is
restrained and enjoined from molesting, assaulting, harassing or stalking
______________________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this restraining order is in effect, the restrained person may not possess
a firearm or ammunition. 18. U.S.C. § 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-issue firearms. 18 U.S.C. §
925(a)(1).)
On page 3, in paragraph 3.2, the “CLERK’S ACTION” heading
was changed to “CLERK’S ACTION/LAW ENFORCEMENT ACTION.”
Also on page 3, the following was added as the last
section in paragraph 3.2:
FULL
FAITH AND CREDIT: Pursuant to 18 U.S.C. §
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 signature section “WSBA NO.” was moved to the right
of “Print or Type Name.” “Date” was added to the right of “Signature.” A
signature section for a second responded was added.
|
13.
|
WPF PS 04.0350
|
Findings of Fact and Conclusions of Law (Parentage)
On page 3, the following new
paragraph 2.7 was added:
2.7 PROTECTION
ORDER.
[
] Does not apply.
[ ] A domestic violence protection order protecting
_______________________ [Name] from _______________________________ [Name] is
necessary based upon declarations in the file or attached.
[ ] If the duration of this order exceeds one year,
the court finds that an order of less than one year will be insufficient to
prevent further acts of domestic violence.
In paragraph 2.8, on page 4, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a previous custody
determination that is entitled to be enforced under this chapter or a child
custody proceeding has been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of
RCW 26.27.231(3) apply to this matter. This state’s jurisdiction over the children shall last until
_______________________________ (date).
[ ] There is no previous custody
determination that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not
filed in _____________________ [potential home state] by the time the child has
been in Washington for six months, ___________ [date], then Washington's
jurisdiction will be final and continuing.
On page 6, the
following new paragraph 3.4 was added:
3.4 PROTECTION ORDER.
[ ] Does not apply.
[ ] A domestic violence protection order
with an expiration date of __________ should be entered.
In the signature area, “Date” was added to the right of
“Signature.” A signature area was added for a second party under “Approved
for entry: Notice of presentation waived:”
|
14.
|
WPF PS 11.0100
|
Petition for Rescission of Acknowledgment of Paternity
within 60 Days
Add the following 2 new paragraphs 1.9 and 1.10:
1.9 CONTINUING
RESTRAINING ORDER.
[ ] Does
not apply.
[ ] A continuing restraining
order should be entered which restrains or enjoins _______________________________
[Name] from disturbing the peace of _____________________________ [Name].
[ ]____ A continuing restraining order
should be entered which restrains or enjoins _____________________________
[Name] from going onto the grounds of or entering the home, work place or
school of __________________________________ [Name] or the day care or school
of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins _____________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ___________________________
[Name] or the day care or school of the child.
Other:
_______________________________________.
[ ] A continuing restraining
order should be entered which restrains or enjoins
_________________________________ [Name] from molesting, assaulting,
harassing, or stalking _________________________________ [Name]. (If the
court orders this relief, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. §
925(a)(1).)
1.10 PROTECTION
ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
__________________ [Name]. (If the court orders this relief, the restrained
person will be prohibited from possessing a firearm or ammunition under
federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 4, the following requests for relief were added
above “Awards attorney’s fees and costs to petitioner:”
[ ] Makes
provision for a domestic violence protection order.
[ ] Makes
provision for a continuing restraining order.
The JOINDER section was changed as follows, and a second
JOINDER section was added:
[ ] Does not apply.
[ ] I, _________________, join in the petition. I understand that by
joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
15.
|
WPF PS 11.0300
|
Response to Petition for Rescission of Acknowledgment
of Paternity Within 60 Days
In paragraph 1, new Admitted/Denied/Lacks Information
lines were added for paragraphs 1.9 and 1.10 of the petition.
On page 2, paragraph 2, the following new check box options
were inserted :
Protection order.
[ ] The court should enter a domestic
violence protection order protecting _____________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
__________________ [Name]. (If the court orders this relief, the restrained
person will be prohibited from possessing a firearm or ammunition under
federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
[ ] The court should enter a continuing restraining
order.
In paragraph 3, two lines were added below the information
in brackets.
|
16.
|
WPF PS 11.0400
|
Findings of Fact and Conclusions of Law on Rescission
of Acknowledgment of Paternity Within 60 Days
The following new paragraph 2.6 was added:
2.6 CONTINUING RESTRAINING
ORDER.
[ ] Does not
apply.
[ ] A continuing restraining
order against the [ ] father [ ] mother [ ] both parties is necessary
because:
[ ] Other:
The following new paragraph 2.7 was added:
2.7 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, the following
check box option were inserted:
[ ] Making provision for a domestic violence protection order
with an expiration date of ___________.
[ ] Making
provision for a continuing restraining order.
In the signature area, “Date” was added to the right of
“Signature.”
|
17.
|
WPF PS 11.0500
|
Judgment and Order on Rescission of Acknowledgment of
Paternity Within 60 Days and Granting Other Relief
In the caption, under Clerk’s action required, the
following was inserted:
[
] Law Enforcement Notification, Sec III
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new
paragraph 1.1 and new paragraph heading 1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:____________________ .See Section III.
VIOLATION OF A RESTRAINING ORDER IN SECTION III BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 2, in section III. Order, the following new check
box options were added:
[ ] The parties shall
comply with the Order for Protection signed by the court on this date,
___________________, in this cause number. The Order for Protection signed
by the court is approved and incorporated as part of this decree.
[ ] A continuing restraining order is entered
as follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________ [Name]
is restrained and enjoined from
going onto the grounds of or entering the home, work place or school of the
other party, or the day care or school of the following named
children:____________________
[ ] _____________________________
[Name] is restrained and enjoined from knowingly coming within or knowingly
remaining within _________________ [Distance] of the home, work place or school of the other
party, or the day care or school of these children:______________________
Other:____________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _____________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this continuing restraining order is in effect, the restrained person may
not possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:__________________________________
VIOLATION
OF A RESTRAINING ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE VIOLATOR TO
ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the
court shall forward a copy of this order, on or before the next judicial day,
to______________________________________ [name
of the appropriate law enforcement agency]
which shall enter this order into any computer-based criminal intelligence system
available in this state used by law enforcement agencies to list outstanding
warrants. (A law enforcement information sheet must be completed by the
party or the party’s attorney and provided with this order before this order
will be entered into the law enforcement computer system.)
SERVICE:
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained
party or attorney did not appear in court; service of this order is required.
EXPIRATION.
This
restraining order expires on: ___ [Month/Day/Year]. This restraining order
supersedes all previous temporary restraining orders in this cause number.
[ ] Any temporary restraining order previously
entered in this cause number is terminated. CLERK'S ACTION. The clerk of
the court shall forward a copy of this order, on or before the next judicial
day, to: ______________________________ law enforcement agency where
PETITIONER resides which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 signature section, “Date” was added to the right of
“Signature.” A second signature section was added below “Approved for
entry: Notice of presentation waived:” The following new signature section
was added under the “Presented by” signature section:
________________________________
Public Assistance DPA Signature
Date
____________________________________
Print or Type Name WSBA
No.
|
18.
|
WPF PS 12.0100
|
Petition for Rescission of Denial of Paternity Within
60 Days
The following 2 new paragraphs 1.7 and 1.8 were added:
1.7 CONTINUING
RESTRAINING ORDER.
[ ] Does
not apply.
[ ] A continuing restraining
order should be entered which restrains or enjoins _______________________________
[Name] from disturbing the peace of _____________________________ [Name].
[ ]____ A continuing restraining order
should be entered which restrains or enjoins _____________________________
[Name] from going onto the grounds of or entering the home, work place or
school of __________________________________ [Name] or the day care or school
of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins _____________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
_______________________________________.
[ ] A continuing restraining
order should be entered which restrains or enjoins
_________________________________ [Name] from molesting, assaulting,
harassing, or stalking _________________________________ [Name]. (If the
court orders this relief, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. §
925(a)(1).)
1.8 PROTECTION
ORDER.
[ ] Does
not apply
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 3, the following request for relief is added:
[ ] Makes
provision for a domestic violence protection order.
[ ] Makes
provision for a continuing restraining order.
The JOINDER section is changed as follows and a second
section is added:
[ ] Does not apply.
[ ] I, _________________, [Name] join in the petition. I understand that by
joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
19.
|
WPF PS 12.0300
|
Response to Petition for Rescission of Denial of
Paternity Within 60 Days
In paragraph 1, a new Admitted/Denied/Lacks Information
line is added for paragraph 1.8 of the petition.
On page 2, paragraph 2, the following new check box
options are inserted:
Protection Order:
[ ] The court should enter a domestic
violence protection order should be entered protecting _________________
[Name] from __________________________ [Name] because
____________________________ [Name] has committed domestic violence as defined
by 26.50 RCW against ____________________________ [Name]. (If the court
orders this relief, the restrained person will be prohibited from possessing
a firearm or ammunition under federal law for the duration of the order. An
exception exists for law enforcement officers and military personnel when
carrying department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
[ ] The court should enter a continuing restraining
order.
In paragraph 4, two writing lines were added below the
bracketed information.
|
20.
|
WPF PS 12.0400
|
Findings of Fact and Conclusions of Law on Rescission
of Denial of Paternity Within 60 Days
The following new paragraph 2.6 was added:
2.6 CONTINUING RESTRAINING
ORDER.
[ ] Does not
apply.
[ ] A continuing restraining
order against the [ ] father [ ] mother [ ] both parties is necessary
because:
[ ] Other:
The following new paragraph 2.7 was added:
2.7 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, the following check box options were added:
[ ] Making provision for a domestic violence protection order
with an expiration date of ___________.
[ ] Making
provision for a continuing restraining order.
In the signature area, “Date” was added to the right of
“Signature.
|
21.
|
WPF PS 12.0500
|
Judgment and Order on Rescission of Denial of Paternity
Within 60 Days and Granting Other Relief
In the caption, under Clerk’s action required, the
following was inserted:
[
] Law Enforcement Notification, Sec III
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new
paragraph 1.1 and new paragraph heading 1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:____________________ . See Section III.
VIOLATION OF A RESTRAINING ORDER IN SECTION III BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 2 in section III. Order, enter the following check
box options were added:
[ ] The parties shall
comply with the Order for Protection signed by the court on this date,
__________________, in this cause number. The Order for Protection signed by
the court is approved and incorporated as part of this decree.
[ ] A continuing restraining order is entered
as follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________ [Name]
is restrained and enjoined from
going onto the grounds of or entering the home, work place or school of the
other party, or the day care or school of the following named
children:____________________
[ ] _____________________________
[Name] is restrained and enjoined from knowingly coming within or knowingly
remaining within _________________ [Distance] of the home, work place or school of the other
party, or the day care or school of these children:______________________
Other:____________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _____________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this continuing restraining order is in effect, the restrained person may
not possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:__________________________________
VIOLATION
OF A RESTRAINING ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE VIOLATOR TO
ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the
court shall forward a copy of this order, on or before the next judicial day,
to______________________________________ [name of the appropriate law
enforcement agency] which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants. (A law enforcement information
sheet must be completed by the party or the party’s attorney and provided
with this order before this order will be entered into the law enforcement
computer system.)
SERVICE:
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained party
or attorney did not appear in court; service of this order is required
EXPIRATION.
This
restraining order expires on: ___ [Month/Day/Year]. This restraining order
supersedes all previous temporary restraining orders in this cause number.
[ ] Any temporary restraining order previously
entered in this cause number is terminated. CLERK'S ACTION. The clerk of
the court shall forward a copy of this order, on or before the next judicial
day, to: ______________________________ law enforcement agency where
PETITIONER resides which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 signature section, “Date” was added to the right of
“Signature.” Below the Public Assistance DPA Signature line, “WSBA No.” was
added to the right of “Print or Type name.”
|
22.
|
WPF PS 13.0100
|
Petition for Challenge to Acknowledgment of Paternity
In paragraph 1.7, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
The following 2 new paragraphs 1.11 and 1.12 were added:
1.11 CONTINUING
RESTRAINING ORDER.
[ ] Does
not apply.
[ ] A continuing restraining
order should be entered which restrains or enjoins _______________________________
[Name] from disturbing the peace of _____________________________ [Name].
[ ]____ A continuing restraining order
should be entered which restrains or enjoins _____________________________
[Name] from going onto the grounds of or entering the home, work place or
school of __________________________________ [Name] or the day care or school
of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins _____________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
_______________________________________.
[ ] A continuing restraining
order should be entered which restrains or enjoins
_________________________________ [Name] from molesting, assaulting,
harassing, or stalking _________________________________ [Name]. (If the
court orders this relief, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. §
925(a)(1).)
1.12 PROTECTION
ORDER.
[ ] Does
not apply
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 6, add the following request for relief:
[ ] Makes
provision for a domestic violence protection order.
[ ] Makes
provision for a continuing restraining order.
The JOINDER section is changed to the following and a
second section is added;
[ ] I, _________________,
[Name] join in the petition. I understand that by joining in the
petition, a decree or judgment and order may be entered in accordance with
the relief requested in the petition, unless prior to the entry of the decree
or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal documents]:
_______________________________________________
_______________________________________________
|
23.
|
WPF PS 13.0300
|
Response to Petition for Challenge to Acknowledgment of
Paternity
In paragraph 1, new Admitted/Denied/Lacks Information
lines are added for paragraphs 1.12 and 1.13 of the petition.
On page 3, paragraph 4, insert the following new requests
for relief:
Protection Order:
[ ] Enter a domestic violence protection
order protecting __________________________ [Name] from __________________________
[Name] because ____________________________ [Name] has committed domestic
violence as defined by 26.50 RCW against ____________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
[ ] The court
should enter a continuing restraining order.
In paragraph 5, two writing lines are added below the
bracketed information.
|
24.
|
WPF PS 13.0400
|
Findings of Fact and Conclusions of Law of Challenge to
Acknowledgment of Paternity
In paragraph 2.7, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
The following new paragraph 2.11 was added:
2.11 CONTINUING RESTRAINING ORDER.
[ ] Does not
apply.
[ ] A continuing restraining
order against the [ ] father [ ] mother [ ] both parties is necessary
because:
[ ] Other:
The following new paragraph 2.12 was added:
2.7 PROTECTION ORDER.
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, the following
check box options were added:
[ ] Making provision for a domestic violence protection order
with an expiration date of __________.
[ ] Making
provision for a continuing restraining order.
In the signature area, “Date” is added to the right of
“Signature.” A second signature section is added below “Approved for entry:
Notice of presentation waived:”
|
25.
|
WPF PS 13.0500
|
Judgment and Order on Challenge to Acknowledgment of
Paternity and Granting Other Relief
In the caption, “3.9” was added to the end of the Clerk’s
action required line. After this line, the following new check box option
was inserted:
[
] Law Enforcement Notification, ¶ 3.9
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new
paragraph 1.1 and new paragraph heading 1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:______________ . See
Paragraph 3.9.
VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.9 BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 5, the new paragraph 3.9 was inserted:
3.9 CONTINUING
RESTRAINING ORDER.
[
] Does not apply.
[ ] A continuing restraining order is entered
as follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________ [Name]
is restrained and enjoined from
going onto the grounds of or entering the home, work place or school of the
other party, or the day care or school of the following named
children:____________________
[ ] _____________________________
[Name] is restrained and enjoined from knowingly coming within or knowingly
remaining within _________________ [Distance] of the home, work place or school of the other
party, or the day care or school of these children:______________________
Other:____________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _____________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this continuing restraining order is in effect, the restrained person may
not possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:__________________________________
VIOLATION
OF A RESTRAINING ORDER IN PARAGRAPH 3.9 WITH ACTUAL KNOWLEDGE OF ITS TERMS IS
A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE
VIOLATOR TO ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the
court shall forward a copy of this order, on or before the next judicial day,
to______________________________________ [name of the appropriate law
enforcement agency] which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants. (A law enforcement information
sheet must be completed by the party or the party’s attorney and provided
with this order before this order will be entered into the law enforcement
computer system.)
SERVICE.
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained
party or attorney did not appear in court; service of this order is required.
EXPIRATION.
This
restraining order expires on: ___ [Month/Day/Year]. This restraining order
supersedes all previous temporary restraining orders in this cause number.
[ ] Any temporary restraining order previously
entered in this cause number is terminated. CLERK'S ACTION. The clerk of
the court shall forward a copy of this order, on or before the next judicial
day, to: ______________________________ law enforcement agency where
PETITIONER resides which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 following new paragraph 3.10 is added:
3.10 PROTECTION ORDER
[
] Does not apply.
[ ] The
parties shall comply with the Order for Protection signed by the court on
this date, _____________________________ in this cause number. The Order for
Protection signed by the court is approved and incorporated as part of this
decree.
In the signature area, “Date” is added to the right of
“signature.” In the Public assistance PDA section, “WSBA NO.” is moved to
the right of “Print or Type Name.”
|
26.
|
WPF PS 14.0100
|
Petition for Challenge to Denial of Paternity
In paragraph 1.5, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a state
having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
The following 2 new paragraphs 1.9 and 1.10 were added:
1.9 CONTINUING
RESTRAINING ORDER.
[ ] Does
not apply.
[ ] A continuing restraining
order should be entered which restrains or enjoins _______________________________
[Name] from disturbing the peace of _____________________________ [Name].
[ ]____ A continuing restraining order
should be entered which restrains or enjoins _____________________________
[Name] from going onto the grounds of or entering the home, work place or
school of __________________________________ [Name] or the day care or school
of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins _____________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
_______________________________________.
[ ] A continuing restraining
order should be entered which restrains or enjoins
_________________________________ [Name] from molesting, assaulting, harassing,
or stalking _________________________________ [Name]. (If the court orders
this relief, the restrained person will be prohibited from possessing a
firearm or ammunition under federal law for the duration of the order. An
exception exists for law enforcement officers and military personnel when
carrying department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
1.10 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 6, the following requests for relief are added:
[ ] Makes
provision for a domestic violence protection order.
[ ] Makes provision for a continuing restraining
order.
The JOINDER section is changed as follows and a second
section is added:
[ ] I, _________________,
[Name] join in the petition. I understand that by joining in the
petition, a decree or judgment and order may be entered in accordance with
the relief requested in the petition, unless prior to the entry of the decree
or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal documents]:
_______________________________________________
_______________________________________________
|
27.
|
WPF PS 14.0300
|
Response to Petition for Challenge to Denial of
Paternity
In paragraph 1, new Admitted/Denied/Lacks Information
lines were added for paragraphs 1.10 and 1.11 of the petition.
On page 3, paragraph 4, the following new requests for
relief were added:
Protection Order:
[ ] Enter a domestic violence protection
order should be entered protecting __________________________ [Name] from __________________________
[Name] because ____________________________ [Name] has committed domestic
violence as defined by 26.50 RCW against ____________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
[ ] The court should enter a continuing
restraining order.
In paragraph 5, two writing lines are added below the
bracketed information.
|
28.
|
WPF PS 14.0400
|
Findings of Fact and Conclusions of Law on Challenge to
Denial of Paternity
In paragraph 2.7, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
The following new paragraph 2.11 was added:
2.11 CONTINUING RESTRAINING ORDER.
[ ] Does not
apply.
[ ] A continuing restraining
order against the [ ] father [ ] mother [ ] both parties is necessary
because:
[ ] Other:
The following new paragraph 2.12 was added:
2.12 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from _______________________________
[Name] is necessary based upon declarations in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, the following check box options were:
[ ] Making provision for a domestic
violence protection order with an expiration date of _______________.
[ ] Making
provision for a continuing restraining order.
In the signature area, “Date” was inserted after
“Signature.” A third signature section was added below “Approved for entry:
Notice of presentation waived.”
|
29
|
WPF PS 14.0500
|
Judgment and Order on Challenge to Denial of Paternity
and Granting Other Relief
In the caption, “3.9” was added to the end of the Clerk’s
action required line. After that line, the following was inserted:
[
] Law Enforcement Notification, ¶ 3.9
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new paragraph 1.1 and new paragraph heading
1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:______________ . See
Paragraph 3.9.
VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.9 BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 5, the new paragraph 3.9 was added:
3.9 CONTINUING
RESTRAINING ORDER.
[
] Does not apply.
[ ] A continuing restraining order is entered
as follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________ [Name]
is restrained and enjoined from
going onto the grounds of or entering the home, work place or school of the
other party, or the day care or school of the following named
children:____________________
[ ] _____________________________
[Name] is restrained and enjoined from knowingly coming within or knowingly
remaining within _________________ [Distance] of the home, work place or school of the other
party, or the day care or school of these children:______________________
Other:____________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _____________________ [Name]. (The following firearm restrictions
apply if this box is checked: Effective immediately and continuing as long
as this continuing restraining order is in effect, the restrained person may
not possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:__________________________________
VIOLATION
OF A RESTRAINING ORDER IN PARAGRAPH 3.9 WITH ACTUAL KNOWLEDGE OF ITS TERMS IS
A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE
VIOLATOR TO ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the
court shall forward a copy of this order, on or before the next judicial day,
to______________________________________ [name of the appropriate law
enforcement agency] which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants. (A law enforcement information
sheet must be completed by the party or the party’s attorney and provided
with this order before this order will be entered into the law enforcement
computer system.)
SERVICE.
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained party
or attorney did not appear in court; service of this order is required.
EXPIRATION.
This
restraining order expires on: ___ [Month/Day/Year]. This restraining order
supersedes all previous temporary restraining orders in this cause number.
[ ] Any temporary restraining order previously
entered in this cause number is terminated. CLERK'S ACTION. The clerk of
the court shall forward a copy of this order, on or before the next judicial
day, to: ______________________________ law enforcement agency where
PETITIONER resides which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 following new paragraph 3.10 was added:
3.10 PROTECTION ORDER
[
] Does not apply.
[ ] The parties
shall comply with the Order for Protection signed by the court on this date,
_____________ in this cause number. The Order for Protection signed by the
court is approved and incorporated as part of this decree.
In the signature area,
“Date” is added to the right of “Signature.” In the Public Assistance DPA
section, “WSBA No.” was moved to the right of “Print or Type Name.”
|
30.
|
WPF PS 15.0100
|
Petition for Residential Schedule/Parenting Plan/Child
Support
In paragraph 1.5, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this chapter
or a child custody proceeding has been commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of
RCW 26.27.231(3) apply to this matter. This state’s jurisdiction over the children
shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
On page 5, the following new paragraph 1.9 was added:
1.9 CONTINUING RESTRAINING ORDER.
[ ] Does not
apply.
[ ] A continuing restraining order
should be entered which restrains or enjoins ______________________ [Name] from
disturbing the peace of _______________ [Name].
[ ]_ A continuing restraining order
should be entered which restrains or enjoins _______________________ [Name]
from going onto the grounds of or entering the home, work place or school of __________________
[Name] or the day care or school of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins ________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
______________________________________
[ ] A continuing restraining order
should be entered which restrains or enjoins ______________________ [Name]
from molesting, assaulting, harassing, or stalking __________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
New paragraph 1.10 is added:
1.10 PROTECTION ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against ____________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 6, in the section “II. RELIEF REQUESTED,” the
following are added as the sixth and seventh check box options:
[ ] makes provision for a domestic violence
protection order.
[ ] makes
provision for a continuing restraining order.
The JOINDER section is changed as follows:
I, _________________, [Name] join in the petition. I understand that
by joining in the petition, a decree or judgment and order may be entered in
accordance with the relief requested in the petition, unless prior to the
entry of the decree or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal
documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
|
31.
|
WPF PS 15.0300
|
Response to Petition for Residential Schedule/Parenting
Plan/Child Support
On page 1 in paragraph 1, lines were added for paragraphs
1.10 and 1.11 of the petition as follows:
1.0 [
] Admitted [ ] Denied [ ] Lacks Information
1.1 [
] Admitted [ ] Denied [ ] Lacks Information
On page 2, in paragraph 2, the following are added as the
fifth and sixth check box options:
Protection Order:
[ ] The court should enter a domestic
violence protection order should be entered protecting _________________
[Name] from __________________________ [Name] because
____________________________ [Name] has committed domestic violence as
defined by 26.50 RCW against ____________________________ [Name]. (If the
court orders this relief, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the
order. An exception exists for law enforcement officers and military
personnel when carrying department/government-issued firearms. 18 U.S.C. §
925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
[ ] The court should enter a
continuing restraining order.
In paragraph 3, two writing lines are added below the
bracketed information.
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32.
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WPF PS 15.0400
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Findings of Fact and Conclusions of Law on Petition for
Residential Schedule/Parenting Plan or Child Support
In paragraph 2.4 on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
On page 4, the following new paragraph 2.8 was added:
2.8 CONTINUING RESTRAINING ORDER.
[ ] Does not apply.
[ ] A continuing restraining order
against the [ ] father [ ] mother [ ] both parties is necessary because:
[ ] Other:
On page 5, the following new paragraph 2.9 was added:
2.9 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, on page 6, the following are added as
the fifth and sixth check box options:
[ ] Makes provision for a domestic violence
protection order with an expiration date of ______________________________.
[ ] Makes provision for a continuing
restraining order.
In the signature area, “Date” is added to the right of
“Signature.”
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33.
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WPF PS 15.0500
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Judgment and Order Establishing Residential
Schedule/Parenting Plan/Child Support
In the caption, below “Clerk’s action required,” the
following new check box option was added:
[
] Law Enforcement Notification, ¶ 3.8
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new
paragraph 1.1 and new paragraph heading 1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:______________ . See
Paragraph 3.8.
VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.8 BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 4, the following new paragraph 3.8 was added:
3.8 CONTINUING
RESTRAINING ORDER.
[ ] Does not apply.
[ ] A continuing restraining order is entered as
follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________
[Name] is restrained and enjoined
from going onto the grounds of or entering the home, work place or school of
the other party, or the day care or school of the following named children:
____________________________________.
[ ] _______________________[Name]
is restrained and enjoined from knowingly coming within or knowingly
remaining within _______________ [Distance] of the home, work place or school of the other party, or
the day care or school of these children: ___________________________________________
Other:
__________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _________________ [Name]. (The following firearm restrictions apply
if this box is checked: Effective immediately and continuing as long as this
continuing restraining order is in effect, the restrained person may not
possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:
VIOLATION
OF A RESTRAINING ORDER IN PARAGRAPH 3.8 WITH ACTUAL KNOWLEDGE OF ITS TERMS IS
A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE
VIOLATOR TO ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the court shall
forward a copy of this order, on or before the next judicial day,
to______________________________________ [name of the appropriate law
enforcement agency] which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants. (A law enforcement information
sheet must be completed by the party or the party’s attorney and provided
with this order before this order will be entered into the law enforcement
computer system.
SERVICE.
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained party or attorney did not
appear in court; service of this order is required.
EXPIRATION.
This
restraining order expires on: _________ [Month/Day/Year]. This restraining
order supersedes all previous temporary restraining orders in this cause
number.
[ ] Any temporary restraining
order previously entered in this cause number is terminated. CLERK'S
ACTION. The clerk of the court shall forward a copy of this order, on or
before the next judicial day, to: ______________________________ law
enforcement agency Where PETITIONER resides which shall enter this order into
any computer-based criminal intelligence system available in this state used
by law enforcement agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 following new paragraph 3.9 was added:
3.9 PROTECTION ORDER
[
] Does not apply.
[ ] The
parties shall comply with the Order for Protection signed by the court on
this date, _____________________________ in this cause number. The Order for
Protection signed by the court is approved and incorporated as part of this
decree.
In the signature area, “Date” is added to the right of
“Signature.” In the Public Assistance DPA section, “WSBA No.” was moved to
the right of “Print or Type Name.”
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34.
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WPF PS 16.0100
|
Petition for Establishment of Parentage Pursuant to RCW
26.26.540(2)
In paragraph 1.5, on page 3, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then Washington's jurisdiction will be final and continuing.
On page 4, the following new paragraph 1.8 was added:
1.8 CONTINUING RESTRAINING ORDER.
[ ] Does not
apply.
[ ] A continuing restraining order
should be entered which restrains or enjoins ______________________ [Name] from
disturbing the peace of _______________ [Name].
[ ]_ A continuing restraining order
should be entered which restrains or enjoins _______________________ [Name]
from going onto the grounds of or entering the home, work place or school of __________________
[Name] or the day care or school of the child.
[ ] A
continuing restraining order should be entered which restrains or enjoins ________________________
[Name] from knowingly coming within or knowingly remaining within ___________
(distance) of the home, work place or school of ____________________________
[Name] or the day care or school of the child.
Other:
______________________________________
[ ] A continuing restraining order
should be entered which restrains or enjoins ______________________ [Name]
from molesting, assaulting, harassing, or stalking __________________________
[Name]. (If the court orders this relief, the restrained person will be
prohibited from possessing a firearm or ammunition under federal law for the
duration of the order. An exception exists for law enforcement officers and
military personnel when carrying department/government-issued firearms. 18
U.S.C. § 925(a)(1).)
[ ] Other:
The following new paragraph 1.9 was added;
1.9 PROTECTION
ORDER.
[
] Does not apply.
[ ] A domestic violence protection order
should be entered protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying department/government-issued
firearms. 18 U.S.C. § 925(a)(1).)
If
you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms.
On page 6, in the section “II. RELIEF REQUESTED,” the
following are added as the sixth and seventh check box options:
[ ] Makes provision for a domestic violence
protection order.
[ ] Makes
provision for a continuing restraining order.
The JOINDER sections are changed as follows:
[ ] I, _________________,
[Name] join in the petition. I understand that by joining in the
petition, a decree or judgment and order may be entered in accordance with
the relief requested in the petition, unless prior to the entry of the decree
or judgment and order a response is filed and served.
[
] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further
notice should be sent to the following address: [You may list an address
that is not your residential address where you agree to accept legal documents]:
_______________________________________________
_______________________________________________
By
joining in the petition, the respondent agrees to the entry of a decree in
accordance with the petition, without further notice.
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35.
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WPF PS 16.0300
|
Response to Petition for Establishment of Parentage
Pursuant to RCW 26.26.540(2)
On page 1 in paragraph 1, lines for paragraph 1.9 and 1.10
of the petition are added as follows:
1.9 [
] Admitted [ ] Denied [ ] Lacks Information
1.10 [
] Admitted [ ] Denied [ ] Lacks Information
On page 3, in paragraph 5, the following were added as the
fourth and fifth check box options:
Protection Order:
[ ] Enter a domestic violence protection
order protecting __________________________ [Name] from
__________________________ [Name] because ____________________________ [Name]
has committed domestic violence as defined by 26.50 RCW against
____________________________ [Name]. (If the court orders this relief, the
restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law
enforcement officers and military personnel when carrying
department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
If you need immediate
protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.
[ ] Enter a continuing
restraining order.
In paragraph 6, two writing lines are added below the
bracketed information.
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36.
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WPF PS 16.0400
|
Findings of Fact and Conclusions of Law on Petition for
Establishment of Parentage Pursuant to RCW 26.26.540(2)
In paragraph 2.5, on page 4, the following two check box
options were inserted below the check box option beginning with “This court
has temporary emergency jurisdiction…:”
[ ] There is a
previous custody determination that is entitled to be enforced under this
chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until _______________________________ (date).
[ ] There
is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in _____________________ [potential home state] by the
time the child has been in Washington for six months, ___________ [date],
then
The following new paragraph 2.9 was added:
2.9 CONTINUING RESTRAINING ORDER.
[ ] Does not apply.
[ ] A continuing restraining order
against the [ ] father [ ] mother [ ] both parties is necessary because:
[ ] Other:
The following new paragraph 2.10 was added:
2.10 PROTECTION ORDER
[ ] Does not apply.
[ ] A domestic violence protection order
protecting _______________________ [Name] from
_______________________________ [Name] is necessary based upon declarations
in the file or attached.
[ ] If the duration
of this order exceeds one year, the court finds that an order of less than
one year will be insufficient to prevent further acts of domestic violence.
In paragraph 3.2, on page 6, the following are added as
the tenth and eleventh check box options:
[ ] Making provision for a domestic violence
protection order with an expiration date of ______________________________.
[ ] Making provision for a continuing
restraining order.
In the signature area, “Date” was added to the right of
“Signature.”
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37.
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WPF PS 16.0500
|
Judgment and Order on Petition for Establishment of
Parentage Pursuant to RCW 26.26.540(2)
In the caption, “para 3.9” was added to the end of
“Clerk’s Action Required.” Below that line, the following new check box
option was added;
[
] Law Enforcement Notification, ¶ 3.9
The section I heading was changed as follows:
I.
JUDGMENT/ORDER SUMMARYIESY
The following new paragraph 1.1 and new paragraph heading
1.2 were added:
1.1 RESTRAINING
ORDER SUMMARY:
[ ] Does not
apply. [ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: . _____________________Name of
person(s) protected:______________ . See
Paragraph 3.9.
VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.9 BELOW WITH ACTUAL
KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT THE VIOLATOR TO ARREST. RCW 26.26.590.
1.2 MONEY JUDGMENT
SUMMARY:
On page 5, the following new paragraph 3.9 was added:
3.9 CONTINUING
RESTRAINING ORDER.
[ ] Does not apply.
[ ] A continuing restraining order is entered as
follows:
[ ] ______________________________
[Name] is restrained and enjoined
from disturbing the peace of the other party.
[ ] _______________________________
[Name] is restrained and enjoined
from going onto the grounds of or entering the home, work place or school of
the other party, or the day care or school of the following named children:
____________________________________.
[ ] _______________________[Name]
is restrained and enjoined from knowingly coming within or knowingly
remaining within _______________ [Distance] of the home, work place or school of the other party, or
the day care or school of these children: ___________________________________________
Other:
__________________________________
[ ] _____________________________
[Name] is restrained and enjoined from molesting, assaulting, harassing or
stalking _________________ [Name]. (The following firearm restrictions apply
if this box is checked: Effective immediately and continuing as long as this
continuing restraining order is in effect, the restrained person may not
possess a firearm or ammunition. 18. U.S.C. § 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-issue firearms.
18 U.S.C. § 9259a)(1).)
[ ] Other:
VIOLATION
OF A RESTRAINING ORDER IN PARAGRAPH 3.9 WITH ACTUAL KNOWLEDGE OF ITS TERMS IS
A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE
VIOLATOR TO ARREST. RCW 26.26.130.
[ ] CLERK’S ACTION. The clerk of the court shall
forward a copy of this order, on or before the next judicial day,
to______________________________________ [name of the appropriate law
enforcement agency] which shall enter this order into any computer-based
criminal intelligence system available in this state used by law enforcement
agencies to list outstanding warrants. (A law enforcement information
sheet must be completed by the party or the party’s attorney and provided
with this order before this order will be entered into the law enforcement
computer system.
SERVICE.
[ ] The restrained
party or attorney appeared in court or signed this order; service of this
order is not required.
[ ] The restrained
party or attorney did not appear in court; service of this order is required.
EXPIRATION.
This
restraining order expires on: _________ [Month/Day/Year]. This restraining
order supersedes all previous temporary restraining orders in this cause
number.
[ ] Any temporary restraining
order previously entered in this cause number is terminated. CLERK'S
ACTION. The clerk of the court shall forward a copy of this order, on or
before the next judicial day, to: ______________________________ law
enforcement agency where PETITIONER resides which shall enter this order into
any computer-based criminal intelligence system available in this state used
by law enforcement agencies to list outstanding warrants.
FULL FAITH AND CREDIT.
Pursuant to 18 U.S.C. § 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 following new paragraph 3.10 is added;
3.10 PROTECTION ORDER.
[
] Does not apply.
[ ] The
parties shall comply with the Order for Protection signed by the court on
this date, _____________________________ in this cause number. The Order for
Protection signed by the court is approved and incorporated as part of this
decree.
In the signature area, “Date” is added to the right of
“Signature.” In the Public Assistance section, “WSBA No.” is moved to the
right of “Print or Type Name.”
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