July 18, 2007

TO: Judicial and Legal Communities

FROM: Merrie Gough, Senior Legal Analyst

SUBJECT: 2007 SUMMARY OF CHANGES TO DOMESTIC VIOLENCE FORMS

The Pattern Forms Committee approved the following changes to the mandatory Domestic Violence forms:

I.

WPF DV 1.015

Petition for Order for Protection

Add “Mandatory” to the footer.

On page 4, the definition of “Domestic Violence” was updated by adding quotation marks around “Domestic Violence;” deleting “includes” and replacing it with “means;” and inserting “including sexual assault,” after “assault,” and before “stalking.”

On Page 5, the following new check box option, relating to the affidavit requirement in RCW 4.28.185(4):

“Personal service outside the state shall be valid only when an affidavit is made and filed to the effect that service cannot be made within the state”:

    Personal service cannot be made upon Respondent within the state of Washington.

II.

WPF DV 2.015

Temporary Order for Protection and Notice of Hearing

Add “Mandatory” to the footer.

In page 1, in the box relating to the effective date, delete “The Next Hearing Date, above” and replace it with “the end of the hearing, noted above.”

On page 3, “Warnings to Respondent”, in the first paragraph insert “A” at the beginning of the first sentence; delete “the provisions” and replace it with “provisions 1 through 5;” delete “a violator” and replace it with “you;” and delete “the defendant” and replace it with “you.”

In the second paragraph, insert “A” at the beginning of the paragraph; insert “of provisions 1 through 5” after “violation” and before “of this order;” and delete “the respondent has” and replace it with “you have.”

In the third paragraph, delete “the respondent’s” and replace it with “your;” and delete “the respondent” and replace it with “you.”

In the fourth paragraph, delete “the respondent is” and replace it with “you are;” and delete “the respondent” and replace it with “you.”

Also on page 3, delete “This Temporary Order for Protection Is Effective Until the Next Hearing Date on Page One.

III.

WPF DV 3.015

Order for Protection

Add “Mandatory” to the footer.

On page 1, change the heading “The Court Finds:” to “The Court Finds Based Upon the Court Record:

In the first sentence below that heading, delete “the” after “and” and before “Respondent.”

In the third paragraph, delete “Based upon the case record, the court finds that the.” Capitalize “Respondent.”

Insert the following new paragraph below the relationship boxes:

    “Respondent committed domestic violence as defined in RCW 26.50.010 and represents a credible threat to the physical safety of petitioner; the court concludes as a matter of law the relief below shall be granted.”

Delete the sentence “Additional findings of this order are set forth below.”

Change the heading “The Court Orders:” to “Court Order Summary:”

After that heading, in the first check box option, delete “That” and capitalize the “t” in “The,” and after “restraint” insert “provision.”

Insert a new third check box option:

    Additional provisions are listed on the following pages.”

In the sentence regarding the expiration date, after “effective” and before “for” insert “immediately and”, so the sentence is now:


    “The terms of this order shall be effective immediately and for one year from today’s date, unless stated otherwise here (date):

On page 2, delete:

    “The court further finds that the respondent committed domestic violence as defined in RCW 26.50.010 and represents a credible threat to the physical safety of petitioner, and.”

On page 3, in the shaded area regarding jurisdiction over the minors, delete:

    no other state has exclusive continuing jurisdiction.”

And replace it with:

    " has temporary emergency jurisdiction that may become final jurisdiction under RCW 26.27.231(2).”

On page 3, “Warnings to Respondent”, in the first paragraph insert “A” at the beginning of the first sentence; delete “the” and after “provisions” insert “1 through 5;” delete “a violator” and replace it with “you;” and delete “the defendant” and replace it with “you.”

In the second paragraph, insert “A” at the beginning of the paragraph; insert “of provisions 1 through 5” after “violation” and before “of this order;” and delete “the respondent has” and replace it with “you have.”

In the third paragraph, delete “the respondent is” and replace it with “you are;” and delete “the respondent” and replace it with “you.”

 

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