Chapter 9.80
VIOLATION OF NO-CONTACT ORDERS

Sections:

9.80.010    No-contact orders – Issuance – Violation and penalty – Jurisdiction.

9.80.010 No-contact orders – Issuance – Violation and penalty – Jurisdiction.

(1) Because of the serious nature of domestic violence, the court in domestic violence actions:

(A) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

(B) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

(C) 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 or her client the victim’s location; and

(D) Shall identify by any reasonable means on docket sheets these criminal actions arising from acts of domestic violence.

(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

(3) At the time of arraignment, the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

(4)(A) Wilful violation of a court order issued under subsections (2) and (3) of this section is a gross misdemeanor except as provided in of subsections (4)(B) and (C) of this section. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

(B) Any assault that is a violation of an order issued under this section and 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 punishable under Chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a Class C felony punishable under Chapter 9A.20 RCW.

(C) A wilful violation of a court order issued under this section is a Class C felony if the offender has at least two previous convictions for violating the provision of a no-contact order issued under this chapter, a domestic violence protection order issued under Chapter 26.09, 26.10, 26.26 or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact order or protection orders the offender violated.

(D) The written order releasing the person charged or arrested shall contain the court’s directives and shall bear the legend:

Violation of this order is a criminal offense under Chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. Only the court can change the order.

A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within 72 hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

(5) Whenever an order prohibiting contact is issued, modified or terminated under subsection (2) or (3) 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. Upon receipt of the copy of the order, the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computerized 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 notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. (Ord. 1222, 2000)