Chapter 6.56
DOMESTIC VIOLENCE

Sections:

6.56.010    Statutes incorporated by reference – Domestic violence.

6.56.020    Statutes incorporated by reference – Custodial interference.

6.56.030    Exposing minor child to domestic violence.

6.56.040    Nonmerger of domestic violence crimes.

6.56.010 Statutes incorporated by reference – Domestic violence.

The following statutes regarding domestic violence are incorporated by reference:

RCW

7.105.010    Definitions.

7.105.450    Enforcement and penalties – Other than antiharassment protection orders and extreme risk protection orders.

7.105.455    Enforcement and penalties – Antiharassment protection orders.

7.105.460    Enforcement and penalties – Extreme risk protection orders – False petitions.

7.105.465    Enforcement and penalties – Knowledge of order.

7.105.470    Enforcement – Prosecutor assistance.

9A.36.150    Interfering with the reporting of domestic violence.

10.99.020    Definitions.

10.99.040    Duties of court – No-contact order.

10.99.050    Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change.

26.09.300    Violation of a restraining order issued in a dissolution proceeding.

(Ord. 3227 § 2 (Exh. B), 2022; Ord. 3092 § 4 (Exh. D), 2018; Ord. 2088 § 1, 1996; Ord. 1449, 1986; Ord. 1393, 1984).

6.56.020 Statutes incorporated by reference – Custodial interference.

The following statutes regarding custodial interference in the second degree are incorporated by reference:

RCW

9A.40.010    Definitions.

9A.40.070    Custodial interference in the second degree.

9A.40.080    Assessment of costs; defenses; consent by child.

(Ord. 3092 § 4 (Exh. D), 2018; Ord. 1737 § 2, 1989).

6.56.030 Exposing minor child to domestic violence.

(1) A person commits the crime of exposing a minor child to domestic violence when he or she:

(a) Commits a crime of domestic violence, as defined in RCW 10.99.020; and

(b) The crime is committed in the immediate presence of, or is witnessed by, the suspect’s or the victim’s minor child, minor stepchild, or a minor child residing within the household of the suspect or victim. A minor child or minor stepchild is a person who is, on the date of the violation, under the age of 18 years.

(c) For the purposes of this section, “witnessed” means that the crime is seen or directly perceived in any other manner by the minor child.

(2) Exposing a minor child to domestic violence is a gross misdemeanor. A person convicted of exposing a minor child to domestic violence shall serve not less than 15 days in confinement unless:

(a) The city prosecutor recommends a sentence of less than 15 days after considering factors relevant to the case including prior domestic violence offenses committed by the defendant, the level of violence witnessed by the children, ages of the children, whether or not the child resides full time in home with the perpetrator, and any history of violence in the home or between the defendant and victim; or

(b) The municipal court enters written findings that a sentence of 15 days or more would not serve the interests of justice. Factors to be considered by the court include prior domestic violence offenses committed by the defendant, the level of violence witnessed by the children, ages of the children, whether or not the child resides full time in home with the perpetrator, and any history of violence in the home or between the defendant and victim.

(3) A mandatory minimum jail sentence under this section will be consecutive to any other sentence arising from the same incident. (Ord. 3198 § 1 (Exh. A), 2021).

6.56.040 Nonmerger of domestic violence crimes.

Every person who, in the commission of a crime of domestic violence, shall commit any other crime(s), may be punished for the other crime(s) as well as for the crime of domestic violence, and may be prosecuted for each crime separately. (Ord. 3198 § 1 (Exh. A), 2021).