(1) Upon notice and after hearing, the court may provide relief
as follows:
(a) Restrain the respondent from committing acts of domestic
violence;
(b) Exclude the respondent from the dwelling that the
parties share, from the residence, workplace, or school of the
petitioner, or from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming within, or
knowingly remaining within, a specified distance from a specified
location;
(d) On the same basis as is provided in chapter 26.09 RCW,
the court shall make residential provision with regard to minor
children of the parties. However, parenting plans as specified
in chapter 26.09 RCW shall not be required under this chapter;
(e) Order the respondent to participate in a domestic
violence perpetrator treatment program approved under RCW 26.50.150;
(f) Order other relief as it deems necessary for the
protection of the petitioner and other family or household
members sought to be protected, including orders or directives to
a peace officer, as allowed under this chapter;
(g) Require the respondent to pay the administrative court
costs and service fees, as established by the county or
municipality incurring the expense and to reimburse the
petitioner for costs incurred in bringing the action, including
reasonable attorneys' fees;
(h) Restrain the respondent from having any contact with the
victim of domestic violence or the victim's children or members
of the victim's household;
(i) Require the respondent to submit to electronic
monitoring. The order shall specify who shall provide the
electronic monitoring services and the terms under which the
monitoring must be performed. The order also may include a
requirement that the respondent pay the costs of the monitoring.
The court shall consider the ability of the respondent to pay for
electronic monitoring;
(j) Consider the provisions of RCW 9.41.800;
(k) Order possession and use of essential personal effects.
The court shall list the essential personal effects with
sufficient specificity to make it clear which property is
included. Personal effects may include pets. The court may
order that a petitioner be granted the exclusive custody or
control of any pet owned, possessed, leased, kept, or held by the
petitioner, respondent, or minor child residing with either the
petitioner or respondent and may prohibit the respondent from
interfering with the petitioner's efforts to remove the pet. The
court may also prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified distance of
specified locations where the pet is regularly found; and
(l) Order use of a vehicle.
(2) If a protection order restrains the respondent from
contacting the respondent's minor children the restraint shall be
for a fixed period not to exceed one year. This limitation is
not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the
petitioner has petitioned for relief on his or her own behalf or
on behalf of the petitioner's family or household members or
minor children, and the court finds that the respondent is likely
to resume acts of domestic violence against the petitioner or the
petitioner's family or household members or minor children when
the order expires, the court may either grant relief for a fixed
period or enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the
respondent's minor children, the court shall advise the
petitioner that if the petitioner wants to continue protection
for a period beyond one year the petitioner may either petition
for renewal pursuant to the provisions of this chapter or may
seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.
(3) If the court grants an order for a fixed time period,
the petitioner may apply for renewal of the order by filing a
petition for renewal at any time within the three months before
the order expires. The petition for renewal shall state the
reasons why the petitioner seeks to renew the protection order.
Upon receipt of the petition for renewal the court shall order a
hearing which shall be not later than fourteen days from the date
of the order. Except as provided in RCW 26.50.085, personal
service shall be made on the respondent not less than five days
before the hearing. If timely service cannot be made the court
shall set a new hearing date and shall either require additional
attempts at obtaining personal service or permit service by
publication as provided in RCW 26.50.085 or by mail as provided
in RCW 26.50.123. If the court permits service by publication or
mail, the court shall set the new hearing date not later than
twenty-four days from the date of the order. If the order
expires because timely service cannot be made the court shall
grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless
the respondent proves by a preponderance of the evidence that the
respondent will not resume acts of domestic violence against the
petitioner or the petitioner's children or family or household
members when the order expires. The court may renew the
protection order for another fixed time period or may enter a
permanent order as provided in this section. The court may award
court costs, service fees, and reasonable attorneys' fees as
provided in subsection (1)(g) of this section.
(4) In providing relief under this chapter, the court may
realign the designation of the parties as "petitioner" and
"respondent" where the court finds that the original petitioner
is the abuser and the original respondent is the victim of
domestic violence and may issue an ex parte temporary order for
protection in accordance with RCW 26.50.070 on behalf of the
victim until the victim is able to prepare a petition for an
order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section, no
order for protection shall grant relief to any party except upon
notice to the respondent and hearing pursuant to a petition or
counter-petition filed and served by the party seeking relief in
accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires
if any. The court order shall also state whether the court
issued the protection order following personal service, service
by publication, or service by mail and whether the court has
approved service by publication or mail of an order issued under
this section.
(7) If the court declines to issue an order for protection
or declines to renew an order for protection, the court shall
state in writing on the order the particular reasons for the
court's denial.
[2009 c 439 § 2; 2000 c 119 § 15; 1999 c 147 § 2; 1996 c 248 § 13; 1995 c 246 § 7; 1994 sp.s. c 7 § 457. Prior: 1992 c 143 § 2; 1992 c 111 § 4; 1992 c 86 § 4; 1989 c 411 § 1; 1987 c 460 § 55; 1985 c 303 § 5; 1984 c 263 § 7.]
NOTES:
Finding -- Intent -- 2009 c 439: "The legislature finds that considerable research shows a strong correlation between animal abuse, child abuse, and domestic violence. The legislature intends that perpetrators of domestic violence not be allowed to further terrorize and manipulate their victims, or the children of their victims, by using the threat of violence toward pets." [2009 c 439 § 1.]
Application -- 2000 c 119: See note following RCW 26.50.021.
Severability -- 1995 c 246: See note following RCW 26.50.010.
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Findings -- 1992 c 111: See note following RCW 26.50.030.
Short title -- Section captions -- Effective date -- Severability -- 1987 c 460: See RCW 26.09.910 through 26.09.913.