Governor Christine Gregoire signed Substitute House Bill 1565 yesterday establishing procedures and guidelines for determining whether a domestic violence protection order should be modified or terminated. The bill was brought by Representative David Frockt—a plaintiff’s attorney from Seattle who is serving his first term in the state House of Representatives.
The following is a brief summary of the bill, as reported in the House Bill Report:
- “Requires respondents to permanent domestic violence protection orders and orders issued for a period of greater than two years to submit an affidavit setting forth relevant facts when filing a motion to modify or terminate an order, and requires the court to review the affidavits prior to granting a hearing on a motion.”
- “Prohibits the modification or termination of permanent domestic violence protection orders and orders issued for a period of greater than two years by a motion of a respondent unless the respondent proves by preponderance of the evidence that it is warranted or he or she will refrain from acts of domestic violence.”
- “Allows courts to require respondents to pay the costs and attorneys fees of petitioners.”
The bill was a direct response to the Washington State Supreme Court’s ruling in In Re Marriage of Freeman.