The Legislature is looking to harmonize rules and procedures for six different types of protection orders; however, a requirement for courts to acquire a new e-filing system could prove costly for local governments.
HB 1320, sponsored by Rep. Roger Goodman (D–Kirkland), provides a unified process for individuals to petition for and receive court-order protections from perpetrators. Under current law, petitioners can file for a protection order in
a court where:
- The petitioner resides;
- The alleged act took place;
- A child in need of protection resides; or
- The petitioner previously resided but left due to the perpetrator's conduct towards the petitioner.
To aid petitioners in more easily obtaining a protection order, the bill requires that by January 1, 2023, all superior courts, and by January 1, 2026, all limited jurisdiction courts, allow petitions to be filed electronically or by mail for individuals
unable to file electronically. Under the bill, electronic signatures would be permitted. Courts would be required to accept electronic filings when received.
Additionally, by the same effective dates noted above, courts would be required to have systems in place that allowed for impacted parties to electronically track and receive notification regarding the status of their petition.
Courts and law enforcement would be required to adopt rules, protocols, and standard forms to implement best practices for serving notice to perpetrators. Under the bill, courts and police must prioritize serving individuals electronically through email,
text message, social media, or other electronic means. Service by mail is permitted if electronic means are unavailable or if the court makes two unsuccessful attempts to serve electronically. Courts would be permitted to authorize multiple methods
for serving a perpetrator.
HB 1320 would allow for protection order hearings to be conducted in-person or remotely by phone or video. The petitioner would be required to request that the hearings take place remotely.
AWC supports the state’s efforts to harmonize the protection order process. However, we have concerns about the costs required to implement a new filing and tracking system, to electronically serve a protection order, and to create a remote testimony
system. AWC will continue to work with proponents to address our concerns.
HB 1320 passed the House 53-44 and awaits action in the Senate Law & Justice Committee.