26.50.130 - Order -- Service -- Modification -- Transmittal. - Washington Statutes

Order — Service — Modification — Transmittal.

(1) Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing order for protection.

     (2) Except as provided in RCW 26.50.085 and 26.50.123, personal service shall be made upon the nonmoving party not less than five court days prior to the hearing to modify.

     (a) If timely personal service cannot be made, the court shall set a new hearing date and shall either require an additional attempt at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or service by mail as provided in RCW 26.50.123.

     (b) The court shall not require more than two attempts at obtaining personal service and shall permit service by publication or by mail unless the moving party requests additional time to attempt personal service.

     (c) If the court permits service by publication or by mail, the court shall set the hearing date not later than twenty-four days from the date of the order permitting service by publication or by mail.

     (3) In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement information system.

[2008 c 287 § 3; 1984 c 263 § 14.]

Notes: Short title -- 2008 c 287: See note following RCW 26.50.050.