WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

New law protects victims of serious domestic violence

OLYMPIA—With a stroke of her pen on Wednesday, Gov. Chris Gregoire strengthened  legal protections for victims of severe domestic violence by making it harder for their abusers to terminate or weaken long-term protection orders.

 “This law tells survivors of domestic violence that Washington is on your side and will work harder from now on to protect your safety and peace of mind,” said David Frockt (D-Seattle), the author of the new protections.

Long-term protection orders are typically issued only in extreme cases of abuse and danger to the victim. But this is the first time the Legislature has established guidelines for when these orders can be terminated or amended at the abuser’s request.

The absence of legislative guidelines led to a 2010 Washington Supreme Court decision—In re Marriage of Freeman—that effectively required victims of domestic violence to re-prove their need for protection every time their abuser filed a motion to end or amend the court order.

The new law ensures that abusers—not victims—have the burden of proof when a long-term protection order is challenged.  Instead of requiring victims to show that their fear of their abuser is still justified, the law will require abusers to prove they are no longer a threat to the victims.

The measure also makes it harder for abusers to harass their victims in court hearings. It requires abusers to show that a new hearing on a long-term protection order is justified before the victim is forced to make a court appearance. As a further deterrent, the law also allows courts to require abusers to pay their victims’ court costs and attorney fees.

Lawmakers in the House and Senate passed Frockt’s House Bill 1565 unanimously after hearing dramatic testimony that abusers were using legal motions to harass and intimidate victims.

Advocates for victims of domestic violence hailed today’s bill signing.

“This bill puts the burden back on the abuser to prove that a long-term protection order should be terminated,” said David Ward, staff attorney at Legal Voice.  “We applaud Representative Frockt for his leadership in helping domestic violence victims keep protection orders in place against their abusers.”

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