Chapter 10.22
DOMESTIC VIOLENCE ORDERS
Sections:
10.22.010 Violation of no-contact order—Pre-trial.
10.22.020 Violation of no-contact order—Post conviction.
10.22.025 Liability of peace officers.
10.22.030 Violation of restraining order.
10.22.040 Violation of order for protection—Penalties.
10.22.050 Violation of vulnerable adult protection order.
10.22.060 Violation of sexual assault protection order.
10.22.010 Violation of no-contact order—Pre-trial.
A. 1. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.
2. In issuing the order, the court shall also consider the provisions of RCW 9.41.800.
3. The no-contact order shall also be issued in writing as soon as possible.
B. At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the cost of the electronic monitoring.
C. 1. Willful violation of a court order issued under subsection A or B of this section, and/or under the authority of RCW 10.99.040(2) or (3), is punishable under Section 10.22.040.
2. The written order releasing the person charged or arrested shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s prohibitions. Only the court can change the order.”
D. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. (Ord. 3234-11 § 7, 2011: Ord. 2467-00 § 1, 2000: Ord. 2291-98 § 1, 1998: Ord. 1807-91 § 1, 1991; Ord. 1234-86 § 1, 1986)
10.22.020 Violation of no-contact order—Post conviction.
A. When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant’s ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.
B. 1. Willful violation of a court order issued under subsection A of this section and/or under the authority of RCW 10.99.050 is punishable under Section 10.22.040.
2. The written order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.” (Ord. 3234-11 § 8, 2011: Ord. 2467-00 § 2, 2000: Ord. 2291-98 § 2, 1998: Ord. 1807-91 § 2, 1991; Ord. 1234-86 § 2, 1986)
10.22.025 Liability of peace officers.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under Section 10.22.010 or 10.22.020 arising from an alleged incident of domestic violence brought by any party to the incident. (Ord. 3234-11 § 9, 2011)
10.22.030 Violation of restraining order.
A. Whenever a restraining order is issued under Chapter 26.09, 26.10, or 26.26 RCW, a knowing violation of the order is punishable under Section 10.22.040.
B. A person is deemed to have notice of a restraining order issued under Chapter 26.09, 26.10, or 26.26 RCW if:
1. The person to be restrained or the person’s attorney signed the order;
2. The order recites that the person to be restrained or the person’s attorney appeared in person before the court;
3. The order was served upon the person to be restrained; or
4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
C. It is a defense to prosecution under subsection A of this section that the court order was issued contrary to law or court rule. (Ord. 3234-11 § 10, 2011: Ord. 2463-00 § 1, 2000: Ord. 2417-99 § 8, 1999: Ord. 1234-86 § 3, 1986)
10.22.035 Violation of restraining orders issued under Chapters 26.10 and 26.26 RCW.
Repealed by Ord. 2463-00. (Ord. 2417-99 § 7, 1999)
10.22.040 Violation of order for protection—Penalties.
A. Whenever an order is granted under Section 9, Chapter 230, Washington Laws of 2017, Chapter 7.92, 7.90, 9A.40, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, any temporary order for protection granted under Chapter 7.40 RCW pursuant to Chapter 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in RCW 26.50.110(4) or 26.50.110(5):
1. The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;
2. A provision excluding the person from a residence, workplace, school, or day care;
3. A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;
4. A provision prohibiting interfering with the protected party’s efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or
5. A provision of a foreign protection order specifically indicating that a violation will be a crime.
B. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. (Ord. 3565-17 § 1, 2017: Ord. 3354-13 § 6, 2013: Ord. 3234-11 § 11, 2011: Ord. 3140-09 § 1, 2009: Ord. 3026-07 § 1, 2007: Ord. 2919-06 § 2, 2006: Ord. 2466-00 § 1, 2000: Ord. 2291-98 § 3, 1998: Ord. 1807-91 § 3, 1991; Ord. 1234-86 § 4, 1986)
10.22.050 Violation of vulnerable adult protection order.
Whenever an order for protection of a vulnerable adult is issued under Chapter 74.34 RCW, a knowing violation of the order is punishable under Section 10.22.040, regardless of whether the respondent or person to be restrained is a family or household member as defined in this title. (Ord. 3234-11 § 12, 2011: Ord. 2465-00 § 1, 2000)
10.22.060 Violation of sexual assault protection order.
RCW 7.90.010, 7.90.080, 7.90.090(6), 7.90.110(4), and 7.90.150(7), as currently enacted or later amended, are adopted by reference as if set forth in full herein. (Ord. 3654-19 § 4, 2019: Ord. 3234-11 § 13, 2011: Ord. 2919-06 §§ 1, 3, 2006)