Washington Courts: Press Release Detail

Gender and Justice Commission Releases New Guidance for Courts in Modernizing and Coordinating Protection Orders and Processes

June 22, 2022

A work group led by the Washington State Supreme Court Gender and Justice Commission has released recommended best practices and resources for courts regarding civil protection order cases.

The recommendations from the work group came out of Engrossed Second Substitute House Bill (E2SHB) 1320, enacted in 2021, a comprehensive update and revision of Washington’s six civil protection order statutes. The legislative intent was to streamline the protection order process, making it easier for litigants to navigate. The recommendations are intended to help courts implement the requirements of E2SHB 1320, many of which go into effect on July 1, 2022.

Other requirements of the legislation, such as allowing electronic submission of protection order petitions in superior courts, go into effect in January 2023 and later.

The new Civil Protection Orders recommendations and resources were developed by the G&J Commission’s 1320 Stakeholder Group, with the support of the Washington State Women’s Commission and other stakeholders including judicial officers, clerks, administrators, attorneys, advocates, and researchers. They were submitted to courts June 17, 2022, as an interactive web page that can be updated as new resources and requirements are created.

“Washington has been a leader in establishing protection orders to increase public safety,” said Benton Franklin Superior Court Judge Jacqueline Shea-Brown, lead of the 1320 Project and co-chair of the G&J Commission’s Domestic and Sexual Violence Committee which oversaw the project. “E2SHB 1320 continues that work, and this important effort by lawmakers and stakeholders will make the protection order system much more accessible and effective.” 

The webpage includes recommendations for receiving evidence in ways that protect both victim safety and privacy and the record; improving access to courts for unrepresented parties; deciding whether to grant continuances in protection order cases when there are concurrent criminal proceedings involving the same alleged conduct; using technology to streamline protection order processes (including considerations when contracting with third party e-filing vendors) and collecting and sharing data that will support transparency and research. 

Materials available on the website include protection order scripts, templates, a bench card for judges, and numerous other resources. There is also a link to a related report that the 1320 stakeholder group submitted to the Legislature in December 2021, “Civil Protection Orders: Recommendations to Support Access and Safety.” The report to lawmakers included recommendations on matters of jurisdiction, youth litigants, a type of abuse known as “coercive control,” and information sharing between state, tribal and military courts and with courts from other states.

More information about the Gender and Justice Commission and the 1320 Stakeholder Groups, can be found at https://www.courts.wa.gov/?fa=home.sub&org=gjc&page=Legislative&layout=2&parent=work. In parallel work, the Administrative Office of the Courts recently enacted system updates and is releasing new protection order court forms that reflect changes in the law. The new forms will be effective July 1, with some new forms available now.

“We hope these recommendations and resources will be shared widely,” wrote Judge Shea-Brown and attorney Erin Moody, co-chair of the Domestic and Sexual Violence Committee, in an email to courts announcing the new resources. “We express our deep gratitude to the many individuals and organizations who were vital to the development of these recommendations and resources, for their commitment of time, ideas and energy to this project. In particular we wish to acknowledge the contributions of our topical leads, Timothy Fitzgerald, Elizabeth Hendren, Riddhi Mukhopadhyay, Judge Averil Rothrock, Judge Cindy Smith, and Judge Tanya Thorp.”

The Washington State Gender and Justice Commission was established by the state Supreme Court in 1994 to identify measures for preventing gender bias in the courts. The Commission followed the work of the Gender and Justice Task Force, created by the Supreme Court in 1988 to thoroughly research and identify specific gender bias in the judicial system, and to develop recommendations for addressing it. 

CONTACT:  Benton Franklin County Superior Court Judge Jacqueline Shea-Brown, Jackie.SheaBrown@co.benton.wa.us, (509) 781-4384; Laura Jones, 1320 Project Coordinator, Laura.Jones@courts.wa.gov, (360) 791-4906.


Washington Courts Media Contacts:

Wendy K. Ferrell
Judicial Communications Manager
360.705.5331
e-mail Wendy.Ferrell@courts.wa.gov
Lorrie Thompson
Communications Officer
360.705.5347
Lorrie.Thompson@courts.wa.gov
 

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