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26.10.034  <<  26.10.040 >>   26.10.045

RCW 26.10.040

Provisions for child support, custody, and visitation — Federal tax exemption — Continuing restraining orders — Domestic violence or antiharassment protection orders — Notice of modification or termination of restraining order.

(1) In entering an order under this chapter, the court shall consider, approve, or make provision for:

     (a) Child custody, visitation, and the support of any child entitled to support;

     (b) The allocation of the children as a federal tax exemption;

     (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

     (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

     (e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

     (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

     (3) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

[2000 c 119 § 8; 1995 c 93 § 3; 1994 sp.s. c 7 § 453; 1989 c 375 § 31; 1987 c 460 § 28.]

Notes:

     Application -- 2000 c 119: See note following RCW 26.50.021.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

     Severability -- 1989 c 375: See RCW 26.09.914.