Chapter 9.12
DOMESTIC VIOLENCE
Sections:
9.12.030 Law enforcement officer training and conduct.
9.12.060 No-contact order – Issuance.
9.12.070 No-contact order – Enforcement.
9.12.080 Violation of protection order.
9.12.090 Notice to victim by prosecutor.
9.12.095 Exposing minor child to domestic violence.
9.12.100 Statutes adopted by reference.
9.12.010 Purpose.
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 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 traditional relationship. (Ord. 1264 § 1, 1984)
9.12.020 Definitions.
Repealed by Ord. 1784. (Ord. 1264 § 2, 1984)
9.12.030 Law enforcement officer training and conduct.
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. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.
B. The primary duty of peace officers when responding to a domestic violence situation is to enforce laws allegedly violated and to protect the complaining party.
C. When a peace officer responds to a domestic violence call and has probable cause to believe that a crime defined in this chapter as domestic violence has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100 and city traffic ordinances identical thereto. 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.
D. A peace officer responding to a domestic violence call shall take a complete offense report, including the officer’s disposition of the case.
E. 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 prosecuting 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 state-wide 24-hour toll-free hotline at 1-800-562-6025. The battered women’s shelter and other resources in this area are: (include current local information).
F. The peace 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.
G. The law enforcement agency shall forward the offense report to the appropriate prosecutor within 10 days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.
H. Each law enforcement agency shall make, as soon as practicable, a written record and shall maintain records of all incidents of domestic violence reported to it.
I. Records kept pursuant to subsections C and H of this section shall be made identifiable by means of a departmental code for domestic violence. (Ord. 1264 § 3, 1984)
9.12.040 Duties of court.
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. In such case, the court should determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting the defendant from having contact with the victim, the court authorizing 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. Wilful violation of a court order issued under this section is a misdemeanor, and any person convicted thereof may be punished by a fine of not more than $500.00 or by imprisonment for no more than six months, or both. 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 Ordinance No. 1264 of the City of Sumner, and will subject a violator to arrest.” A certified copy of the 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 judicial day to the appropriate law enforcement agency specified in the order, and the Sumner Police Department. Upon receipt of the copy of the order, the Sumner Police Department shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notices to all law enforcement agencies of the existence of the order. (Ord. 1264 § 4, 1984)
9.12.050 Appearances by defendant.
Repealed by Ord. 1784. (Ord. 1264 § 5, 1984)
9.12.060 No-contact order – Issuance.
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. Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order, and the Sumner Police Department. Upon receipt of the copy of the order, the Sumner Police Department shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notices to all law enforcement agencies of the existence of the order. (Ord. 1264 § 6, 1984)
9.12.070 No-contact order – Enforcement.
Any order issued pursuant to this chapter which restricts a defendant’s ability to have contact with a victim shall be enforced by taking the defendant into custody pending release on bail, personal recognizance, or court order, when a police officer has probable cause to believe that the defendant has knowingly violated the terms of that order. (Ord. 1264 § 7, 1984)
9.12.080 Violation of protection order.
A. Whenever an order for protection is granted pursuant to the terms of the Domestic Violence Prevention Act (chapter 26.50 RCW), and the person restrained knows of the provisions thereof, a violation of the restraining provisions or of a provision excluding the person from a residence is a misdemeanor and, upon conviction thereof, shall be punishable by a fine in an amount fixed by the court of not more than $1,000 or by imprisonment for a maximum term fixed by the court of not more than 90 days, or by both such fine and imprisonment.
B. A police officer shall arrest without a warrant and take into custody a person the police officer has probable cause to believe has violated an order issued pursuant to the Domestic Violence Prevention Act (chapter 26.50 RCW), which restrains the person or excludes the person from a residence, if the person restrained knows of the order. (Ord. 1468 § 1, 1989; Ord. 1264 § 8, 1984)
9.12.090 Notice to victim by prosecutor.
The city attorney shall be responsible for making the decision whether or not to prosecute, shall advise the victim of that decision within five days, and, prior to making that decision, 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 jurisdiction to initiate a criminal proceeding. (Ord. 1264 § 9, 1984)
9.12.095 Exposing minor child to domestic violence.
A. A person commits the crime of exposing a child to domestic violence when he or she:
1. Commits a crime against a family or household member, or an intimate partner, as defined in RCW 26.50.010; and
2. The crime is committed in the immediate presence of, or is witnessed by, the suspect’s or the victim’s minor child, minor stepchild, minor foster child, or a minor child residing within the household or in the custody or care of the suspect or victim.
B. For the purposes of this section, “witnessed” shall mean if the crime is seen or directly perceived in any other manner by the minor child.
C. For purposes of this section only, “minor” shall mean under the age of 16 years old.
D. Penalty. Exposing a minor to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court may place the defendant on probation and impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on minor children. (Ord. 2742 §§ 1, 2, 2020: Ord. 2643 §§ 1, 2, 2018)
9.12.100 Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of the Revised Code of Washington are hereby adopted by reference:
RCW
10.31.100 Arrest without warrant.
26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers – Immunity.
26.50.010 Definitions.
26.50.110 Violation of order – Penalties.
26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney’s fees.
26.50.140 Peace officers – Immunity.
26.50.200 Title to real estate – Effect.
26.50.210 Proceedings additional.
26.50.900 Short title.
(Ord. 1784 § 1, 1996: Ord. 1264 § 10, 1984)