June 13, 2006

TO: Judicial and Legal Communities
FROM: Merrie Gough, Legal Analyst
SUBJECT: SUMMARY OF CHANGES TO DOMESTIC VIOLENCE FORMS

The following are detailed descriptions of the updates to the domestic violence forms. The changes are based upon approved recommendations from the legal community:

1.

WPF DV 1.015

Petition for Order for Protection

In the caption, delete “(All Cases)”.

On page 2, the boxes regarding the request for a temporary order and for an order for protection were combined. The requests were clarified and now refer to a Temp and Full orders.  The following is the revised language:

Check the box for each type of relief you are requesting, for each type of order you need.

Temp:  I Request a Temporary Order for Protection, effective until the hearing, because an Emergency Exists as described in the statement below.  A temporary protection order should be issued immediately without notice to the respondent, to avoid irreparable injury.

Full:   I Request a “full” Order for Protection, following a hearing

Remove the column and row borders to the left of the restraint provisions and enter two check boxes.  The check boxes are used to request the relief to be granted for a temporary or full order.  Above the check boxes, add the heading:

Temp  Full

      ↓      ↓

The Temp and Full heading is repeated at the top of page 3 above the check boxes.  To the right of the Temp and Full heading, insert: 

Temporary Order, effective until a hearing. Full Order, effective following a hearing.

Restraint provisions 9, 10, 11 do not apply to a temporary order.  “N/A” is in place of the temporary order check boxes for those remedies.

On page 3, below the heading “Request for Special Assistance From Law Enforcement Agencies:” change the second check box option from:

[ ] use of designated vehicle.

To

[ ] Possession of the vehicle designated above.

2.

WPF DV 1.040

Law Enforcement Information Sheet

 

At the end of the row containing check boxes followed by case types, such as “[ ] Domestic Violence,” insert a new check box option for “[ ] Sexual Assault.”

 

In the section on Protected Person’s Information, in the first row that begins with  “If your information is not confidential,” insert “you must” before “enter…”

 

In the second row that begins with “If your information is confidential,” change “may” to “must.”

 

Below the row for the contact persons name, address and phone, insert a new row with the following information in the left side of the row:

 

(For SA Orders Only)  Name and contact phone number
of person filing pe
tition on behalf of protected person:

 

3.

WPF DV 1.060

Confidential Information Form

 

In the row containing check boxes followed by case types, such as “[ ] Domestic Violence,” insert a new check box option for
“[ ] Sexual Assault” to the left of “[ ] Other” on the first line.

 

In the row that begins with “The following information is required…,” at the end of the information in parentheses, enter “/Sexual Assault.”

 

On page 2, in the row that begins with “Except for petitions in protection order cases…,” insert “Sexual Assault” at the end of the information in parentheses.

 

Below the lines asking for the parties’ Empl. Phone No., insert a new row with the following text:

 

For Nonparental Custody Petitions only, list other Adults in Petitioner(s) household (Name/DOB):

 

Insert “(s)” at the end of the word “Addendum.”  Insert the following after the sentence ending with “attached:”

 

List other parties or children in Addendum(s).

 

4.

WPF DV 1.061

Addendum to Confidential Information Form

 

In the row that begins with “The following information is required…,” at the end of the information in parentheses, enter “/Sexual Assault.”

 

In the row that begins with “Except for petitions in protection order cases…,” insert “Sexual Assault” at the end of the information in parentheses.

 

5.

WPF DV 2.015

Temporary Order for Protection and Notice of Hearing

The front page was modified to conform to the national template used to help law enforcement identify an order as a valid protection order that can be enforced.

“DOB” in the caption was bolded; the names of minor/age section was moved to just below the caption and to the left of the Respondent Identifiers.  The Respondent Identifiers box, which was added to the right and just below the caption, includes Sex, Race, and Hair, in the first row, and Height, Weight, and Eyes, in the second row.  “Respondent’s Distinguishing Features” and “Access to weapons [ ] yes [ ] no” were placed below the Respondent Identifiers.

 

A line was inserted across the page.

 

In the paragraph containing the court’s findings, the following sentence was inserted as the second sentence:

“The respondent will be served notice of his or her opportunity to be heard at the scheduled hearing.  RCW 26.50.070.” 

On page 1, below the second restraint provision, the following provisions were added:

Additional no contact provisions are on the next page.

The terms of this order shall be effective until: 

The Next Hearing Date, above.

On page 2, in the bold notice to the respondent, the last sentence is changed as follows:

The Next Hearing Date is Shown below the Caption on Page One.

On page 3 in the Warnings to Respondent paragraph, title “7” is inserted at the end of the second paragraph.  This is based upon Laws of 2006, ch. 138.

 

In the table on law enforcement assistance, the first line is changed as follows:

    The lLaw enforcementagency where  petitioner   respondent lives shall assist petitioner in obtaining:

The effective date line is changed to:

This Temporary Order for Protection is Effective Until the Next Hearing Date Shown Below the Caption on Page One

6.

WPF DV 3.015

Order for Protection

On page one, the effective date line is changed as follows:

 

 
The terms of this order shall be effective for one year from until today’s date,

unless stated otherwise here (date):

On page 3, title “7” is inserted at the end of the second paragraph.

 

The first line of the law enforcement assistance paragraph is changed as follows:

 

  The Llaw enforcement agency where   petitioner   respondent lives shall   assist petitioner in obtaining:

 

The check box option regarding the vehicle is changed as follows:

 

              Use of above designatedPossession of the vehicle designated in paragraph 7, above.

In the effective date line, “Page 1” is changed to “Page One.”

 

The sentence that begins with “If the duration….” was changed as follows:

 

If the duration of this order exceeds one year, the court finds that an order of one year or less than one year will be insufficient to prevent further acts of domestic violence.

7

WPF DV 6.020

Denial Order

This is a new order that replaces the former Denial/Dismissal Order, which had same form number.

8.

Legal Protection from Domestic Violence, Harassment, or Abuse

This is the protection order comparison brochure required by RCW 26.50.035.  It is substantially revised and replaces the brochure distributed several years ago.

The brochure is designed to be printed back-to-back to create a two page brochure that can be folded and stapled in the middle.  To print back-to-back, keep the first page right side up; turn the second page up side down; keep the third page right side up; and turn the fourth page up side down. Print back-to-back.

 

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