(1) The administrative office of the courts shall develop and
prepare instructions and informational brochures required under
RCW 26.50.030(4), standard petition and order for protection
forms, and a court staff handbook on domestic violence and the
protection order process. The standard petition and order for
protection forms must be used after September 1, 1994, for all
petitions filed and orders issued under this chapter. The
instructions, brochures, forms, and handbook shall be prepared in
consultation with interested persons, including a representative
of the state domestic violence coalition, judges, and law
enforcement personnel.
(a) The instructions shall be designed to assist petitioners
in completing the petition, and shall include a sample of
standard petition and order for protection forms.
(b) The informational brochure shall describe the use of and
the process for obtaining, modifying, and terminating a domestic
violence protection order as provided under this chapter, an
antiharassment no-contact order as provided under chapter 9A.46 RCW, a domestic violence no-contact order as provided under
chapter 10.99 RCW, a restraining order as provided under chapters 26.09, 26.10, 26.26, and 26.44 RCW, an antiharassment protection
order as provided by chapter 10.14 RCW, and a foreign protection
order as defined in chapter 26.52 RCW.
(c) The order for protection form shall include, in a
conspicuous location, notice of criminal penalties resulting from
violation of the order, and the following statement: "You can be
arrested even if the person or persons who obtained the order
invite or allow you to violate the order's prohibitions. The
respondent has the sole responsibility to avoid or refrain from
violating the order's provisions. Only the court can change the
order upon written application."
(d) The court staff handbook shall allow for the addition of
a community resource list by the court clerk.
(2) All court clerks shall obtain a community resource list
from a domestic violence program, defined in RCW 70.123.020,
serving the county in which the court is located. The community
resource list shall include the names and telephone numbers of
domestic violence programs serving the community in which the
court is located, including law enforcement agencies, domestic
violence agencies, sexual assault agencies, legal assistance
programs, interpreters, multicultural programs, and batterers'
treatment programs. The court shall make the community resource
list available as part of or in addition to the informational
brochures described in subsection (1) of this section.
(3) The administrative office of the courts shall distribute
a master copy of the petition and order forms, instructions, and
informational brochures to all court clerks and shall distribute
a master copy of the petition and order forms to all superior,
district, and municipal courts.
(4) For purposes of this section, "court clerks" means court
administrators in courts of limited jurisdiction and elected
court clerks.
(5) The administrative office of the courts shall determine
the significant non-English-speaking or limited English-speaking
populations in the state. The administrator shall then arrange
for translation of the instructions and informational brochures
required by this section, which shall contain a sample of the
standard petition and order for protection forms, into the
languages spoken by those significant non-English-speaking
populations and shall distribute a master copy of the translated
instructions and informational brochures to all court clerks by
January 1, 1997.
(6) The administrative office of the courts shall update the
instructions, brochures, standard petition and order for
protection forms, and court staff handbook when changes in the
law make an update necessary.
[2005 c 282 § 40; 2000 c 119 § 14; 1995 c 246 § 4; 1993 c 350 § 2; 1985 c 303 § 3; 1984 c 263 § 31.]
NOTES:
Application -- 2000 c 119: See note following RCW 26.50.021.
Severability -- 1995 c 246: See note following RCW 26.50.010.
Findings -- 1993 c 350: "The legislature finds that domestic
violence is a problem of immense proportions affecting
individuals as well as communities. Domestic violence has long
been recognized as being at the core of other major social
problems including child abuse, crimes of violence against person
or property, juvenile delinquency, and alcohol and drug abuse.
Domestic violence costs include the loss of lives as well as
millions of dollars each year in the state of Washington for
health care, absence from work, and services to children. The
crisis is growing.
While the existing protection order process can be a
valuable tool to increase safety for victims and to hold
batterers accountable, specific problems in its use have become
evident. Victims have difficulty completing the paperwork
required; model forms have been modified to be inconsistent with
statutory language; different forms create confusion for law
enforcement agencies about the contents and enforceability of
orders. Refinements are needed so that victims have the easy,
quick, and effective access to the court system envisioned at the
time the protection order process was first created.
Valuable information about the reported incidents of
domestic violence in the state of Washington is unobtainable
without gathering data from all law enforcement agencies.
Without this information, it is difficult for policymakers,
funders, and service providers to plan for the resources and
services needed to address the issue." [1993 c 350 § 1.]
Severability -- 1993 c 350: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 350 § 9.]