OLYMPIA—The House of Representatives voted unanimously today to strengthen protections for victims of domestic violence by making it harder for their abusers to terminate long-term protection orders.
“This unanimous House vote brings victims of horrific domestic violence much closer to the day when they can feel safe and have peace of mind again,” said Rep. David Frockt (D-Seattle), the lead sponsor of House Bill 1565. “Long-term orders are only issued in very serious cases and they shouldn’t be terminated unless it is crystal clear that the abuser is no longer a threat.”
Victims of domestic violence told a Jan. 21 public hearing of the House Judiciary Committee that they lived in constant fear that permanent or long-term protection orders would be terminated at the request of their abusers.
Tammy Lynn Carey testified that when she stood up to her husband’s abuse he tried to kill her three times, the third time throwing her out a window and leaving her with permanent injuries.
“I risked my life so I could live it,” Carey said. “I’m begging you, a permanent order of protection is for the rest of my life. Don’t take that away. Don’t let me live through any more trauma or abuse or endangerment.”
The Washington Legislature has not previously established guidelines for courts to consider when an abuser asks for a long-term or permanent protection order to be terminated.
The absence of guidelines recently led to a Washington Supreme Court decision—In re Marriage of Freeman—that effectively requires domestic violence victims to re-prove their need for protection in order to prevent the protection order from being terminated at the abuser’s request.
Frockt’s bill makes it harder for abusers to repeatedly drag their victims into court to defend against challenges of protection orders. It also puts the burden of proof squarely on the abuser to show that he, or, in rare cases she, no longer poses a threat to the victim.
Frockt worked with Seattle-based Legal Voice and the Washington State Coalition Against Domestic Violence to craft a law that would protect constitutional rights while making it harder for abusers to harass or harm their victims.
“Justice and safety are on the same side of this issue,” said Frockt. “These needed protections are overdue.”
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