What information and resources are available for processing requests seeking enforcement of a Canadian DV protection order?
Information for courts of limited jurisdiction and superior courts is set out below.
The Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act was effective on January 1, 2020, and codified under chapter 26.55 RCW. The act established a process for Washington courts to issue orders enforcing or refusing to enforce a Canadian DV protection order.
The request for enforcement is initiated by either person who is authorized by Washington state law other than chapter 26.55 RCW, to seek enforcement of a DV protection order, or a person restrained by a Canadian domestic violence protection order. The Washington order enforcing the Canadian order is limited to the Canadian provisions and cannot provide any additional limitations or restrictions.
None of the usual processes affiliated with protection orders, such as service, notice to parties, and law enforcement notifications are explicitly mentioned in the RCW 26.55.030 proceedings. Therefore, it is not required to enter the Canadian DV order, the order to enforce or refuse to enforce in the Judicial Information System (JIS) at this time, except as a docket or event entry. There is a requirement for court clerks to "register" a Canadian domestic violence protection order with a state or federal registry under RCW 26.55.040, but the chapter does not define that action.
The Canadian DV Protection Orders Act's requests and proceedings are unique and do not meet the definition of the FPO (Foreign Protection Order) cause of action set out in RCW 26.52.010. Lastly, the Act does not contemplate a Washington Court issuing a new protection order, only an order ruling on the request to enforce or refusal to enforce the existing Canadian DV protection order.
Courts of limited jurisdiction (CLJ) and superior courts have jurisdiction to hear requests for enforcement under the Canadian Domestic Violence Protection Orders Act. These requests for enforcement do not qualify for filing under the FPO (Foreign Protection Order) cause code/case type.
- Superior Court: Use Civil ECP (Enforcement of a Canadian Protection Order) case type.
- Courts of Limited Jurisdiction: Use Civil (CV) ECP (Enforcement of a Canadian Protection Order) cause of action.
- Well-identified parties (WIP) are used during the ECP case initiation process.
- New forms were created by the Pattern Form Committee and the following new docket/event codes were approved by the Codes Committee for use in both CLJ and superior courts:
- Application Canadian DV Protection Order (APERCP)
- Order Enforcing Canadian DV Protection Order (ORECP)
- Order Refusing Enforcement Canadian DV Protection Order (ORRCP)
- Do not use the ORDA screen or the Protection Order Tab
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RN id: 2524"