Chapter 9.35 VIOLATION OF COURT ORDERS

Chapter 9.35
VIOLATION OF COURT ORDERS

Sections:

9.35.010 Crime of violating an anti-harassment protection order or civil harassment order.

9.35.020 Violation of order entered for purposes of protecting against domestic violence.

9.35.030 Violation of an order protecting vulnerable adults.

9.35.010 Crime of violating an anti-harassment protection order or civil harassment order.

No person shall knowingly violate any temporary anti-harassment protection order or any order prohibiting unlawful civil harassment that is lawfully entered by a court. A court shall be defined as including those foreign courts codified within the State’s Foreign Protection Order Full Faith and Credit Act where applicable. Any person convicted of violating this provision shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 365 days or by both fine and imprisonment. A violation of this section shall not require law enforcement to make a mandatory arrest; however, an arrest may be made if probable cause is believed to exist by the officer at the time the arrest is made. (Ord. 479 § 2, 2001)

9.35.020 Violation of order entered for purposes of protecting against domestic violence.

Whenever an order is granted under Chapter 7.105, 10.99, 26.09, 26.26A, 26.26B, 26.50 or 74.34 RCW, or there exists a valid foreign protection order as defined in RCW 26.52.020 (State’s Foreign Protection Order Full Faith and Credit Act), or there is a Canadian domestic violence protection order as defined in RCW 26.55.010, and the respondent or person to be restrained knows of the order, and respondent or person to be restrained:

(1) Violates the restraint provisions; or

(2) Violates a provision excluding the person from a residence, workplace, school or day care; or

(3) Violates a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location; or

(4) Violates a provision prohibiting interfering with the protected party’s efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing with either the petitioner or the respondent; or

(5) Violates a provision of a foreign protection order or a Canadian domestic violence protection order specifically indicating that a violation will be a crime;

said respondent or person to be restrained shall have committed a crime which upon conviction shall be punishable as a gross misdemeanor, except as provided in RCW 26.50.110(4) or (5), with a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 365 days or by both fine and imprisonment. Pursuant to RCW 7.105.450(2), a Forks police officer shall arrest without warrant and take into custody a person whom the law enforcement officer has probable cause to believe that that person has knowingly violated this chapter with regards to the orders referenced above.

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 for which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. (Ord. 661 § 1, 2022; Ord. 479 § 3, 2001)

9.35.025 Contempt proceedings.

The city attorney, acting in their capacity as the city’s prosecuting attorney, shall be authorized to undertake the duties articulated by law as found within RCW 7.105.470 regarding the initiating and prosecuting of contempt proceeding if there is probable cause to believe that the violation occurred. A determination by the court that the violator was in contempt of court will require violator of the order to pay the costs incurred by the city to bring the action, including a reasonable attorney’s fee. (Ord. 661 § 2, 2022)

9.35.030 Violation of an order protecting vulnerable adults.

Whenever an order for protection of a vulnerable adult is issued pursuant to Chapter 74.34 RCW, and the respondent or the person to be restrained knows of the order, and:

(1) Violates a provision restraining the person from committing acts of abuse; or

(2) Violates a provision prohibiting contact with the petitioner; or

(3) Violates a provision excluding the respondent or the person to be restrained from any specific location; or

(4) Violates a provision excluding the respondent or the person to be restrained from coming within a specified distance of a specified location;

said respondent or person to be restrained shall have committed a crime which upon conviction shall be punishable as a gross misdemeanor with a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 365 days or by both fine and imprisonment. (Ord. 479 § 4, 2001)

9.35.040 Nonliability of peace officer.

No peace officer, law enforcement officer, or police officer shall be held liable in any civil action for an arrest based on probable cause to enforce in good faith a court order. Such officers shall not be held liable in any civil action for any other action of omission done in good faith by such officers pursuant to the enforcement of this chapter arising from an alleged incident of harassment brought by any party to the alleged incident. (Ord. 479 § 5, 2001)