| |
July 18, 2007
TO: County Clerks, Superior Court Administrators, District Court Administrators, Municipal Court Administrators, and Law Libraries
FROM: Merrie Gough, Senior Legal Analyst
SUBJECT: 2007 SUMMARY OF CHANGES TO SEXUAL ASSAULT PROTECTION ORDER FORMS
The Pattern Forms Committee approved the following changes to the Sexual Assault Protection Order forms:
1.
|
WPF SA-1.015
|
Petition for Sexual Assault Protection Order
Paragraph 4 on the first page of the petition is changed to:
Laws of 2007, ch. 212 § 2 amended RCW 7.90.030 by adding a statement that a petition for a sexual assault protection order may be filed by a person “.. who does not qualify for a protection order under chapter 26.50 RCW…”
To implement this change, the following new line is added to the petition:
In the footer, the citation to “Laws of 2006, ch. 138” is changed to “RCW 7.90.020, .030, .040”.
|
2.
|
WPF SA-2.015
|
Temporary Sexual Assault Protection Order and Notice of Hearing
In paragraph 1, the citation to “Laws of 2006, ch. 138, § 2” is changed to “RCW 7.90.010”.
Also in the first paragraph, to implement Laws of 2007, ch. 212 § 2, the following is added at the end of the paragraph “…; Chapter 26.50 RCW does not apply;” followed by “and.”
Laws of 2007, ch. 212 (SHB 1555) § 3 amended RCW 7.90.110(1)(b) as follows:
“b) There is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.”
To implement this change, in the paragraph beginning with “The Court Further Finds,” after “regardless of” and before “prior,” insert “the lack of.”
In the footer, the citation to “Laws of 2006, ch. 138” is changed to “RCW 7.90.090, .110, .120, .130.”
|
3.
|
WPF SA-3.015
|
Sexual Assault Protection Order
To implement Laws of 2007, ch. 212 § 2, in the paragraph below “The Court Finds:” after “subject matter” the insert “… and Chapter 26.50 RCW does not apply...” and add a “period”. Delete “and the respondent.” Start the next sentence with “Respondent.”
In the footer, the citation to “Laws of 2006, ch. 138” is changed to “RCW 7.90.090, .120, .130.”
|
4.
|
SAi-1.015
|
Petition for Sexual Assault Protection Order Instructions
To implement Laws of 2007, ch. 212 (SHB 1555) § 2, on the first page, insert the following as a new second paragraph:
“Note: If the petitioner qualifies for a Domestic Violence Protection Order, the petitioner cannot get a Sexual Assault Protection Order. If the petitioner has been sexually assaulted and the respondent is:
• spouse or former spouse
• parent of a common child
• current or former cohabitant as intimate partner
• current or former dating relationship
• stepparent or stepchild
• current or former cohabitant as roommate
• in-law
• parent or child
• blood relation other than parent or child
then file for a Domestic Violence Protection Order instead.”
Also on the first page, change “Print Clearly!” to “Please Print Clearly Using Black or Blue Ink!”
In the middle of page 2, above the “service member’s civil relief act” paragraph, insert a new heading “Service Member or Dependent of a Service Member (question 4)”.
At the beginning of the paragraph below the new heading, delete “If” and replace it with “The court needs to know whether.” At the end of the first sentence, delete “.., or if you don’t know, check the last box.” Delete the last sentence and replace it with “If you don’t know, check the “unknown” box.
Insert the following as the next paragraph on page 2:
Petitioner’s Relationship to Respondent (Question 5);
“State the Petitioner’s relationship to Respondent, such as neighbor, classmate, co-worker, or none.”
|
4.
|
SAi-2.015
|
Temporary Sexual Assault Protection Order and Notice of Hearing Instructions
On the first page, change “Print Clearly!” to “Please Print Clearly Using Black or Blue Ink!”
Laws of 2007, ch. 55, § 2 creates a new section in chapter 7.90 RCW:
To implement this new provision, on page 2, below the “Service” heading, in the first bullet, delete “(Note: you may need to pay the service fees.)”
|
5.
|
SAi-3.015
|
Sexual Assault Protection Order
On the first page, change “Print Clearly!” to “Please Print Clearly Using Black or Blue Ink!”
To implement Laws of 2007, ch. 55, § 2, on page 2, below the “Service” heading, in the first bullet, delete “(Note: you may need to pay the service fees.)”
|
6.
|
Brochure
|
Information on Sexual Assault Protection Orders
To implement Laws of 2007, ch. 55, § 2, in “Step 3: Personal Service,” delete “You may have to pay a fee for service.”
| |
|
