How do I realign the parties in a domestic violence Case Type 2?

Case Management Realignment of Parties RCW 26.50.060 (4) allows for the realignment of parties in cases when the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.

The court may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim, until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

JIS allows either the petitioner or the respondent to be protected or restrained by an order in a non-criminal case. This preserves the parties' original role in the case as recorded in the petition document, while allowing realignment in the context of the order.

To comply with RCW 26.50.060(4), the case is filed in JIS with persons listed on the petition as Petitioner and Respondent. Then a temporary order for protection (TPR) is recorded in JIS using the ORDA screen. This temporary order accomplishes realignment of parties by protecting the respondent and restraining the petitioner.

For Courts of Limited Jurisdiction:

  • See the Orders Realigning Parties in Civil DVP or HAR Cases topic of the Online Manual, located as follows from the Online Manual page:  JIS Online Manual>Case/Person Processing>Case Initiation>Introduction to DV, Anti-Harassment, and Sexual Assault Case Processing (CLJ)>Criminal Domestic Violence, Anti-harassment, Sexual Assault Case Processing>Civil Domestic Violence, Anti-harassment, or Sexual Assault Protection Case Processing>Process Protection-Type Orders (CLJ).

For Superior Courts:

RN id: 1702