Chapter 10.21
FOREIGN PROTECTION ORDERS
Sections:
10.21.020 Valid foreign protection orders.
10.21.030 Official filing not a requirement for enforcement.
10.21.040 Peace officer immunity.
10.21.050 Violation of foreign protection order.
10.21.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. “Domestic or family violence” includes, but is not limited to, conduct when committed by one family member against another that is classified in the jurisdiction where the conduct occurred as a domestic violence crime or a crime committed in another jurisdiction that under the laws of this state would be classified as domestic violence under RCW 10.99.020.
B. “Family or household members” means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
C. “Foreign protection order” means an injunction or other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal action.
D. “Harassment” includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as harassment or a crime committed in another jurisdiction that under the laws of this state would be classified as harassment under RCW 9A.46.040.
E. “Judicial day” does not include Saturdays, Sundays, or legal holidays in Washington State.
F. “Person entitled to protection” means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order.
G. “Person under restraint” means a person, regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person, or to be physically close to another person, is restricted by the foreign protection order.
H. “Sexual abuse” includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as a sex offense or a crime committed in another jurisdiction that under the laws of this state would be classified as a sex offense under RCW 9.94A.030.
I. “Stalking” includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as stalking or a crime committed in another jurisdiction that under the laws of this state would be classified as stalking under RCW 9A.46.110.
J. “Washington court” includes the superior, district, and municipal courts of the state of Washington. (Ord. 2417-99 § 2, 1999)
10.21.020 Valid foreign protection orders.
A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, tribe, or United States military tribunal. There is a presumption in favor of validity where an order appears authentic on its face. A person under restraint must be given reasonable notice and the opportunity to be heard before the order of the foreign state, territory, possession, tribe, or United States military tribunal was issued; provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process. (Ord. 2417-99 § 3, 1999)
10.21.030 Official filing not a requirement for enforcement.
Filing of a foreign protection order with a Washington court and entry of the foreign protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order. (Ord. 2417-99 § 4, 1999)
10.21.040 Peace officer immunity.
A peace officer or a peace officer’s legal advisor may not be held criminally or civilly liable for making an arrest for violation of foreign protection order if the peace officer or the peace officer’s legal advisor acted in good faith and without malice. (Ord. 3234-11 § 14, 2011: Ord. 2417-99 § 5, 1999)
10.21.050 Violation of foreign protection order.
Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is punishable under Section 10.22.040 of this code. (Ord. 2462-00 § 1, 2000: Ord. 2417-99 § 6, 1999)