Chapter 9.56
DOMESTIC VIOLENCE--PROTECTIVE RELIEF
Sections:
9.56.010 Definitions.
9.56.020 Petition for protective relief.
9.56.030 Petition for protective order.
9.56.040 Petition filed by indigent.
9.56.050 Hearing.
9.56.060 Relief provided.
9.56.070 Temporary orders.
9.56.080 Police officer assistance.
9.56.090 Service of protective order.
9.56.100 Protective order--Forwarded to police department.
9.56.110 Violation of order--Penalty.
9.56.120 Violation of order--Contempt proceedings.
9.56.130 Modification or termination of order.
9.56.140 Title to real estate.
9.56.150 Additional civil or criminal remedies.
9.56.160 Police officer liability.
9.56.170 Arrest on probable cause.
9.56.010 - Definitions
As used in this chapter, the following terms shall have the meanings given them:
A. "Domestic violence" means physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members.
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.
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.
C. "Court" means the Olympia Municipal Court.
(Ord. 5693 §1, 1997; Ord. 5683 §1, 1997; Ord. 4515 §1(part), 1984).
9.56.020 - Petition for protective relief
A. Any person may seek relief under this chapter by filing a petition with the court alleging that the person has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.
B. A person may file an action under this chapter if said person resides within the city or if the domestic violence complained of occurred within the City.
C. A person’s right to petition for relief under this chapter is not affected by the person leaving the residence or household to avoid abuse.
D. If a petition is filed herein and a petitioner or respondent contests custody or visitation rights, then upon the motion of either party containing proof that a petition for relief under Chapter 263, Laws of 1984 has been filed with the Superior Court, the Olympia Municipal Court will dismiss the petition.
(Ord. 4515 §1(part), 1984).
9.56.030 - Petition for protective order
A. A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
B. A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
C. The court clerk’s office shall provide simplified forms, an instructional brochure and assistance to help with the filing of a petition under this section. Assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in the petition.
D. A filing fee of twenty dollars ($20) shall be charged for proceedings under this section. Forms and instructional brochures shall be provided free of charge.
E. A person is not required to post a bond to obtain relief in any proceeding under this section.
(Ord. 4515 §1 (part), 1984).
9.56.040 - Petition filed by indigent
A. Persons seeking relief under this chapter may file an application for leave to proceed in forma pauperis on forms supplied by the court. If the court determines that a petitioner lacks the funds to pay the costs of filing, the petitioner shall be granted leave to proceed in forma pauperis and no filing fee shall be charged by the court to the petitioner for relief sought under this chapter.
B. For the purpose of determining whether a petitioner has the funds available to pay the costs of filing an action under this chapter, the income of the household or family member named as the respondent is not considered.
(Ord. 4515 §1(part), 1984).
9.56.050 - Hearing
Upon receipt of the petition, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. Personal service shall be made upon the respondent not less than five (5) court days prior to the hearing. If timely service cannot be made, the court may set a new hearing date.
(Ord. 4515 §1(part), 1984).
9.56.060 - Relief provided
A. Upon notice and after hearing, the court may provide relief as follows:
1. Restrain a party from committing acts of domestic violence;
2. Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;
3. On the same basis as is provided in Chapter 26.09 RCW, award temporary custody and establish temporary visitation with regard to minor children of the parties, and restrain any party from interfering with the custody of the minor children;
4. Order the respondent to participate in treatment or counseling services;
5. Order other relief as it deems necessary for the protection of a family or household member, including orders or directives to a police officer, as allowed under this chapter; and
6. Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney’s fee.
B. Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.
(Ord. 4515 §1(part), 1984).
9.56.070 - Temporary orders
A. Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
1. Restraining any party from committing acts of domestic violence;
2. Excluding any party from the dwelling shared or from the residence of the other until further order of the court and
3. Restraining any party from interfering with the other’s custody of the minor children or from removing the children from the jurisdiction of the court.
B. Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
C. The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
D. An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days, but may be reissued. A full hearing, as provided in this section, shall be set for not later than fourteen days from the issuance of the temporary order. The respondent shall be served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(Ord. 4515 §1(part), 1984).
9.56.080 - Police officer assistance
When an order is issued under this section upon request of the petitioner, the court may order a police officer to accompany the petitioner assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution of the order of protection.
(Ord. 4515 §1(part), 1984).
9.56.090 - Service of protective order
A. An order issued under this section shall be personally served upon the respondent, except as provided in subsection F of this section.
B. The sheriff of the county or the police officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party.
C. If service by a sheriff or municipal police officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter delivered on or before the next judicial day to the sheriff of the appropriate county or to the appropriate municipal law enforcement agency for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature.
D. The petitioner shall provide information sufficient to permit notification by the sheriff or municipal police officer that service upon the respondent was not achieved.
E. Returns of service under this section shall be made in accordance with the applicable court rules.
F. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
(Ord. 4515 §1(part), 1984).
9.56.100 - Protective order –Forwarded to police department
A. A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the police department.
B. Upon receipt of the order, the police department shall forthwith enter the order into the computer-based criminal intelligence information system for one year. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order shall be fully enforceable in any county in the state.
(Ord. 4515 §1(part), 1984).
9.56.110 - Violation of order –Penalty
A. Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence is a gross misdemeanor.
B. A police officer shall arrest without a warrant and take into custody a person whom the police officer has probable cause to believe has violated an order issued under this chapter that restrains the person or excludes the person from a residence, if the person restrained knows of the order.
C. A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.
D. Upon the filing of an affidavit by the petitioner or any police officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the Olympia Municipal Court if the petitioner or respondent temporarily or permanently resides in the city at the time of the alleged violation.
(Ord. 5572 §1, 1995; Ord. 5164 §14, 1991; Ord. 4889 §8, 1988; Ord. 4515 §1(part), 1984).
9.56.120 - Violation of order –Contempt proceedings
When a party alleging a violation of an order for protection issued under this chapter states that the party is unable to afford private counsel and asks the city attorney for assistance, the city attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney’s fee.
(Ord. 4515 §1(part), 1984).
9.56.130 - Modification or termination of order
Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing order for protection. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the police department. Upon receipt of this order, the police department shall promptly enter it in the computer based criminal intelligence information system.
(Ord. 4515 §1(part), 1984).
9.56.140 - Title to real estate
Nothing in this chapter may affect the title to real estate.
(Ord. 4515 §1 (part), 1984).
9.56.150 - Additional civil or criminal remedies
Any proceeding under this chapter is in addition to other civil, or criminal remedies.
(Ord. 4515 §1(part), 1984).
9.56.160 - Police officer liability
No police officer may be held criminally or civilly liable for making an arrest under this chapter if the police officer acts in good faith and without malice.
(Ord. 4515 §1(part), 1984).
9.56.170 - Arrest on probable cause
A. A police officer shall, without a warrant, arrest and take into custody a person when the officer has probable cause to believe that:
1. An order has been issued pursuant to this chapter of which the person has knowledge which restrains the person and the person has violated the terms of said order restraining the person from acts or threats of violence or excluding the person from a residence; or
2. The person within the preceding four hours has assaulted that person’s spouse, former spouse, or other person with whom the person resides or has formerly resided.
B. No police officer may be held criminally or civilly liable for making an arrest pursuant to this section if the police officer acts in good faith and without malice.
(Ord. 4515 §1(part), 1984).