Jurisdiction—Domestic violence protection orders and sexual assault protection orders.

Checkout our iOS App for a better way to browser and research.

(1) The superior, district, and municipal courts have jurisdiction over domestic violence protection order proceedings and sexual assault protection order proceedings under this chapter. The jurisdiction of district and municipal courts is limited to enforcement of RCW 7.105.450(1), or the equivalent municipal ordinance, and the issuance and enforcement of temporary orders for protection provided for in RCW 7.105.305 if:

(a) A superior court has exercised or is exercising jurisdiction over a proceeding involving the parties;

(b) The petition for relief under this chapter presents issues of the residential schedule of, and contact with, children of the parties; or

(c) The petition for relief under this chapter requests the court to exclude a party from the dwelling which the parties share.

(2) When the jurisdiction of a district or municipal court is limited to the issuance and enforcement of a temporary protection order, the district or municipal court shall set the full hearing in superior court and transfer the case. If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the temporary protection order.

[ 2021 c 215 § 4.]

NOTES:

Review of existing court jurisdiction—2021 c 215: "The legislature finds that there are inconsistencies and differing approaches within existing provisions governing the jurisdictional division of authority and responsibility among superior courts and courts of limited jurisdiction for protection order proceedings addressed by this act. This act retains those jurisdictional differences only as an interim measure, and creates an approach in section 12 of this act to review the existing jurisdictional division, assess the benefits and ramifications of modifying or consolidating jurisdiction for protection orders consistent with the goals of this act of improving efficacy and accessibility, and propose to the legislature provisions to address jurisdiction." [ 2021 c 215 § 3.]

Effective date—2021 c 215: See note following RCW 7.105.900.


Download our app to see the most-to-date content.