Chapter 9.60
DOMESTIC VIOLENCE--ENFORCEMENT
9.60.000 Chapter Contents
Sections:
9.60.010 Purpose--Intent.
9.60.020 Definitions.
9.60.030 Law enforcement officers; training; duty; arrest powers; offense reports; transportation of victims; records.
9.60.040 Restrictions upon and duties of court in domestic violence.
9.60.050 Appearances by defendant.
9.60.060 Sentence restricting contact with victim; recording; copy to victim.
9.60.070 Enforcement of protective orders.
9.60.080 Notification of victim of prosecution decision; description of procedures available to institute criminal proceedings.
9.60.090 Liability of police officers.
9.60.100 Violation.
9.60.010 Purpose –Intent
The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victims of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The city finds that the existing criminal ordinances are adequate to provide protection for victims of domestic violence; however, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies. It is the intent of the city that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the city that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.
(Ord. 5222 §5, 1991; Ord. 5164 §15, 1991; Ord. 4515 §2(part), 1984).
9.60.020 Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. "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.
1. "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include:
a. the length of time the relationship has existed;
b. the nature of the relationship; and
c. the frequency of interaction between the parties.
B. "Domestic violence" includes, but is not limited to, any of the following crimes when committed by one family or household member against another:
1. Assault in the fourth degree (Section 9.20.010);
2. Drawing, carrying, displaying weapon (Section 9.48.150);
3. Reckless endangerment (Section 9.20.080);
4. Malicious mischief (Section 9.40.090); and
5. Intimidating phone calls and harassment (Sections 9.20.030 and 9.20.050).
C. "Victim" means a family or household member who has been subjected to domestic violence.
(Ord. 5693 §2, 1997; Ord. 5572 §2, 1995; Ord. 5164 §16, 1991; Ord. 4515 §2(part), 1984).
9.60.030 Law enforcement officers; training; duty; arrest powers; offense reports; transportation of victims; records
A. All training of law enforcement officers relating to the handling of domestic violence complaints shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. The police department and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.
B. The primary duty of police officers when responding to a domestic violence situation is to enforce laws allegedly violated and to protect the complaining party.
C. When a police officer responds to a domestic violence call, the officer shall make an arrest without a warrant if an offense is committed in his or her presence. In addition, if the officer has probable cause to believe that a person has committed or is committing an act of domestic violence involving physical harm or threats of harm to any person or property, the officer shall arrest the person even though said crime occurred or is occurring outside his presence. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:
1. The intent to protect victims of domestic violence under RCW 10.99.010;
2. The comparative extent of injuries inflicted or serious threats creating fear of physical injury, and
3. The history of domestic violence between the persons involved.
The officer shall notify the victim of the victim’s rights to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence. A police officer responding to a domestic violence call shall take a complete offense report, including the officer’s disposition of the case.
D. The police officer may offer, arrange or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.
E. The police department agency shall forward the offense report to the city attorney within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under investigation.
F. The police department shall make, as soon as practicable, a written record and shall maintain records of all incidents of domestic violence reported to it.
G. Records kept pursuant to subsections C and F of this section shall be made identifiable by means of a departmental code for domestic violence.
H. When a police officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to file a petition in superior, district or municipal court requesting an order for protection from domestic abuse which could include any of the following:
A. An order restraining your abuser from further acts of abuse;
B. An order directing your abuser to leave your household;
C. An order preventing your abuser from entering your residence, school, business, or place of employment;
D. An order awarding you or the other parent custody of or visitation with your minor child or children; and
E. An order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district or superior court.
Information about shelters and alternatives to domestic violence is available from a statewide twenty-four hour toll-free hotline at 1-800-562-6025. The battered women’s shelter and other resources in Olympia are Safeplace, 754-6300.
(Ord. 5572 §3, 1995; Ord. 4515 §2(part), 1984).
9.60.040 Restrictions upon and duties of court in domestic violence
A. Because of the serious nature of domestic violence, the court, in domestic violence actions:
1. Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
2. Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
3. Shall waive any requirement that the victim’s location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence; provided that the court may order a criminal defense attorney not to disclose to his client the victim’s location; and
4. Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
B. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant charged with a crime involving domestic violence is released from custody before trial and sentencing on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim. The arresting jurisdiction authorizing the release shall determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding protective order prohibiting the defendant from having contact with the victim, the court authorizing the release may issue, by telephone, a no-contact order prohibiting the defendant from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require the defendant to surrender any deadly weapon in the defendant’s immediate possession or control, or subject to the defendant’s immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant’s counsel for safekeeping. Willful violation of a court order issued under this section is a gross misdemeanor. The written order releasing the defendant shall contain the court’s directives and shall bear the legend: "Violation of this order is a criminal offense under Olympia Municipal Code 9.60.040 and RCW 10.99 and will subject a violator to arrest. Any assault or reckless endangerment which violates this order is a felony. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order." A certified copy of such order shall be provided to the victim.
C. Whenever an order prohibiting contact is issued under subsection B of this section, the clerk of the court shall forward a copy of the order on or before the next day excluding Saturday and Sunday to the police department. Upon receipt of the copy of the order, the police department shall forthwith enter the order into the computer based criminal intelligence information system for a one-year period. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
(Ord 5572 §4, 1995; Ord. 5164 §17, 1991; Ord. 4515 §2 (part), 1984).
9.60.050 Appearances by defendant
A. A defendant arrested for an offense involving domestic violence as defined by this chapter shall be required to appear in person before the court within one day excluding Saturday and Sunday after the arrest.
B. A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by this chapter and not arrested shall appear in court for arraignment in person as soon as practicable, but, subject to court rules and if consistent therewith, in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
C. At the time of the appearance provided for in subsections A and B of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pre-trial release according to the procedures established by court rule for a preliminary appearance or an arraignment. If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant’s immediate possession or control, or subject to the defendant’s immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant’s counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing. If sentencing does not occur at the end of the trial, then the no-contact order shall remain in effect until sentencing takes place.
D. Appearances required pursuant to this section are mandatory and cannot be waived unless otherwise provided by court rule.
E. The no-contact order shall be issued and entered with the police department pursuant to the procedures outlined in this chapter.
(Ord. 4515 §2(part), 1984).
9.60.060 Sentence restricting contact with victim; recording; copy to victim
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. As in the case of interim orders described above, violation of such an order constitutes a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment for no more than ninety days.
B. Whenever an order prohibiting contact is issued pursuant to this chapter, the clerk of the court shall forward a copy of the order on or before the next judicial date to the police department. Upon receipt of a copy of the order, the police department shall forthwith enter the order into the criminal intelligence information system for one year. Entry into the information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
(Ord. 4515 §2(part), 1984).
9.60.070 Enforcement of protective orders
A police officer of the city shall enforce an order issued by any court in this state restricting a defendant’s ability to have contact with another person by arresting and taking the defendant into custody pending release on bail, personal recognizance, or court order when the officer has probable cause to believe that the defendant has violated terms of that order. A violation of the order for protection issued by another court in this state is a gross misdemeanor, and is punishable as set forth in this chapter.
(Ord. 5572 §5, 1995; Ord. 5222 §7, 1992; Ord. 5055 §1, 1989; Ord. 4515 §2(part), 1984).
9.60.080 Notification of victim of Prosecution decision; description of procedures available to institute criminal proceedings
The city attorney shall make the decision whether or not to prosecute and shall advise the victim of that decision within five days of being requested to prosecute prior to making that decision and shall advise the victim, upon the victim’s request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in the city to initiate a criminal proceeding.
(Ord. 4515 §2(part), 1984).
9.60.090 Liability of police officers
This chapter is intended to implement RCW Chapter 10.99, and there is incorporated herein specifically RCW Section 10.99.070, reading as follows:
A police 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 this chapter arising from an alleged incident of domestic violence brought by any party to the incident.
(Ord. 4515 §2(part), 1984).
9.60.100 Violation
A violation of this chapter is a gross misdemeanor.
(Ord. 5572 §6, 1995; Ord. 5222 §6, 1991).