Judicial and Legal Communities

August 22, 2011

Page 5 of 5

August 22, 2011

TO: Judicial and Legal Communities

FROM: Merrie Gough, Senior Legal Analyst

SUBJECT: SUMMARY OF CHANGES TO DOMESTIC VIOLENCE FORMS AND COMPARISON BROCHURE

The Pattern Forms Committee approved the changes to the mandatory Domestic Violence forms and comparison brochure described below. The changes to the forms implement Laws of 2011, ch. 137, relating to termination and modification of domestic violence protection orders. The changes to the comparison brochure implement Laws of 2011, ch. 307, relating to harassment orders for protection:

No. / Form No. / Title and description of changes
1. / WPF DV 6.020 / Denial Order
Below “and the Court Finding:” delete the first check box option:
“ Petitioner does not meet the income requirements for a fee waiver.”
To implement Laws of 2011, ch. 137, insert the following new check box options:
“ For Respondent’s motion to modify or terminate a domestic violence Order for Protection effective longer than two years,
A preponderance of the evidence failed to establish that:
the modification is warranted.
for a modification to shorten the duration or remove restrictions against domestic violence acts or threats, or for termination, there has been a substantial change of circumstances such that the respondent is unlikely to resume acts of domestic violence against the petitioner or other persons protected in the order, to wit:
since the protection order was entered, the respondent has committed or threatened domestic violence, sexual assault, stalking, or other violent acts; has exhibited suicidal ideation or attempts; has been convicted of criminal activity; neither acknowledged responsibility for the acts of domestic violence that resulted in entry of the protection order nor successfully completed domestic violence perpetrator treatment or counseling;
the respondent has continued to abuse drugs or alcohol, if such was a factor in the protection order;
the petitioner has has not voluntarily and knowingly consented to terminating the protection order;
the respondent or petitioner moving further away from the other party will stop acts of domestic violence.
other:______
______.
the respondent proved that there has been a substantial change of circumstances; however, the court declines to terminate the Order for Protection because the acts of domestic violence that resulted in the issuance of the Order for Protection were of such severity that the order should not be terminated.”
2. / WPF DV 7.010 / Motion to Modify/Terminate Order for Protection
Petitioner,
Respondent (Order Lasts Two Years or Less)
Change the caption by adding two new check box options below the form title, as indicated above.
Also in the caption, and in the footer, change the docket code from “(PTMD)” to “(MTAF).”
Insert the following check box options above the first line of text:
“ I am the Petitioner.
I am the Respondent. The order identified below was granted for a period of time for two years or less. (Respondent: if the order lasts more than two years, do not use this motion. Use form DV 7.050, Respondent’s Motion to Modify/Terminate Order for Protection Effective More than Two Years.)”
Change the first paragraph as follows:
“I am the Petitioner Respondent. I request that the court enter an order to modify terminate the terms and conditions of the:”
In the check box option beginning with “Order for Protection,” insert the following after “(date):”
“which expires on ______(date).”
On page two, change the check box option as follows:
“ The terms and conditions of the order referenced above should be modified as follows:”
3. / WPF DV 7.030 / Order Modifying/Terminating Order for Protection
Petitioner,
Respondent (Order Lasts Two Years or Less)
Change the caption by adding two new check box options below the form title, as indicated above.
Change:
“The MOVING PARTY (requester) is the Petitioner
Respondent.”
To:
“The Moving Party (requester) is the:
Petitioner.
Respondent and the order identified below was granted for two years or less. (If the order lasts more than two years, do not use this order. Use form DV 7.080, Order on Respondent’s Motion and Declaration to Modify/Terminate Order for Protection Effective More Than Two Years.)”
Change the paragraph that began with “The court received…” as follows:
“The court received considered the moving party’s motionpleadings, relevant portions of the file, and testimony, if any. for an order to modify/terminate the terms and conditions of the following order:”
Insert “The court orders that the:” above the check box options for “Temporary Order,” “Order for Protection,” and for the blank to fill in.
Below those three check box options, delete “the court finds that the order referenced above shall be” and replace it with “is.”
In the check box option beginning with “continued,” change “effected” to “effect.”
4. / WPF DV 7.040 / Declaration of ______
This is a new form to implement Laws of 2011, ch. 137
5. / WPF DV 7.050 / Respondent’s Motion to Modify/Terminate Order for Protection Effective More Than Two Years
This is a new form to implement Laws of 2011, ch. 137
6. / WPFDV 7.060 / Respondent’s Notice of Hearing for Adequate Cause Determination
This is a new form to implement Laws of 2011, ch. 137
7. / WPF DV 7.070 / Order re Adequate Cause (Respondent’s Motion and Declaration to Modify/Terminate Order for Protection Effective More Than Two Years)
This is a new form to implement Laws of 2011, ch. 137
8. / WPF DV 7.080 / Order on Respondent’s Motion to Modify/Terminate Order for Protection Effective More Than Two Years
This is a new form to implement Laws of 2011, ch. 137
9. / Legal Protection From Domestic Violence, Harassment, or Abuse
To implement Laws of 2011, ch. 307, in the comparison brochure, “Legal Protection From Domestic Violence, Harassment, or Abuse,” under the subheading “Antiharassment Order for Protection, RCW 10.14,” make the changes as indicated below:
In the row with the question “How is an Order Obtained,” change the response by adding the following to the beginning of the answer:
“Generally, you must file your case in district court. However you must file your case in superior court if:
· the respondent is under age 18;
· the case would interfere with the respondent’s care, control or custody of respondent’s minor children;
· the case involves disputes over title, ownership or possession of real property; such as landlord-tenant or boundary dispute; or
· the superior court is exercising or has exercised jurisdiction over proceedings involving the parties.”
In the row with the question “What is the Cost,” change the response as follows:
“Filing fees vary is $53 . Additional costs can include copy, service and local surcharge fees. Fees may be waived if you cannot pay or if you seek protection from domestic violence, sexual assault or stalking. Petitioner may be required to pay minor respondent’s guardian ad litem fees.”