Chapter 9.05 VIOLATION OF COURT ORDERS

Chapter 9.05
VIOLATION OF COURT ORDERS

Sections:

9.05.020 Violation of orders – Penalties – Authority to arrest.

9.05.005 Definitions.

The definitions in this section apply throughout this chapter.

“Foreign protection order” means an injunction or other order related to harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person, issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or tribal court, in a civil or criminal action as defined in RCW 26.52.010(3).

“Person entitled to protection” means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order as defined in RCW 26.52.010(6).

“Person under restraint” means a person, regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person, or to be physically close to another person, is restricted by the foreign protection order.

“Respondent” means the person who is identified as the respondent in a petition filed under any of the RCW sections listed in this chapter or in an order granted by the Benton County district court. [Ord. 14-23 § 1 (Exh. A), 2023; Ord. 36-12 § 1 (Att. A), 2012].

9.05.010 Violation of court orders.

Any person violating, within the city of West Richland, a court order issued by any court of competent jurisdiction, when the violation of such court order is a criminal misdemeanor or gross misdemeanor under: Chapter 7.105 RCW (sexual assault protection order, stalking protection order, vulnerable adult protection order (former RCW 74.34.145), anti-harassment order, order granted under Chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 26.09, 26.26A, or 26.26B RCW, foreign protection order); or Chapter 26.44 RCW (restraining order issued on behalf of an abused child or adult dependent person):

A. Is subject to prosecution for such violation in the Benton County district court the same as any other criminal violation of this title. Whenever an order is granted by the Benton County district court or under any of the RCW sections listed herein, and the defendant, respondent, or person to be restrained knows of the order, a violation of any of the following is a gross misdemeanor:

1. The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or the restraint provisions prohibiting contact with a protected party; or

2. A provision excluding the person from a residence, workplace, school, or day care; or

3. A provision prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party’s person, or a protected party’s vehicle; or

4. A provision of a foreign protection order specifically indicating that a violation will be a crime. [Ord. 14-23 § 2 (Exh. A), 2023; Ord. 36-12 § 1 (Att. A), 2012].

9.05.020 Violation of orders – Penalties – Authority to arrest.

A. A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued by the Benton County district court or a sexual assault protection order, a stalking protection order, an anti-harassment order, or a vulnerable adult protection order issued pursuant to Chapter 7.105 RCW or former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party’s person, or a protected party’s vehicle, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

B. A violation of an order issued in Benton County district court, a sexual assault protection order, a stalking protection order, an anti-harassment order, or a vulnerable adult protection order issued pursuant to Chapter 7.105 RCW or former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

C. Any assault that is a violation of an order issued by Benton County district court, a sexual assault protection order, a stalking protection order, an anti-harassment order, or a vulnerable adult protection order issued pursuant to Chapter 7.105 RCW or former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021, is a Class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a Class C felony.

D. A violation of a court order issued by Benton County district court, a sexual assault protection order, a stalking protection order, an anti-harassment order, or a vulnerable adult protection order issued pursuant to Chapter 7.105 RCW or former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, is a Class C felony if the offender has at least two previous convictions for violating the provisions of a sexual assault protection order, a stalking protection order, an anti-harassment order or a vulnerable adult protection order issued under Chapter 7.105 RCW or any former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

E. Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the Richland Municipal Code, or a sexual assault protection order, a stalking protection order, an anti-harassment order, or a vulnerable adult protection order issued under Chapter 7.105 RCW or former Chapter 10.14 RCW or RCW 74.34.145, or an order issued under Chapter 9.94A, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

F. Appearances required under this section are mandatory and cannot be waived. [Ord. 14-23 § 3 (Exh. A), 2023; Ord. 36-12 § 1 (Att. A), 2012].

9.05.030 Nonliability of peace officer.

A peace 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 allegation brought by any party to the incident. [Ord. 36-12 § 1 (Att. A), 2012].