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Chapter 10.09
Domestic ViolenceSections:
10.09.010 Definitions.
10.09.020 Restraining Orders – Notice – Refusal to Comply – Arrest – Penalty – Defense – Peace Officers, Immunity.
10.09.030 Restraining Orders – Notice – Refusal to Comply – Arrest – Penalty – Defense – Peace Officers, Immunity.
10.09.040 Restraining Order – Knowing Violation – Penalty – Law Enforcement Immunity.
10.09.050 Violation of No-Contact Order.
10.09.060 Violation of Protection Order.
10.09.070 Interfering with Reporting of Domestic Violence.
10.09.100 Powers and Duties of Law Enforcement Officers.
10.09.110 Violation of Foreign Order.
10.09.010 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.
B. “Dating relationship” has the same meaning as in RCW 26.50.010.
C. “Domestic violence” includes but is not limited to any of the following crimes when committed by one family or household member against another:
1. Reserved;
2. Reserved;
3. Reserved;
4. Assault in the fourth degree (SMC 10.11.010);
5. Reserved;
6. Reckless endangerment in the second degree (SMC 10.11.020);
7. Coercion (SMC 10.11.030);
8. Reserved;
9. Reserved;
10. Criminal trespass in the first degree (SMC 10.12.050(A));
11. Criminal trespass in the second degree (SMC 10.12.050(C));
12. Reserved;
13. Reserved;
14. Malicious mischief in the third degree (SMC 10.12.020);
15. Reserved;
16. Reserved;
17. Reserved;
18. Violation of the provisions of a restraining order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (SMC 10.09.020, 10.09.030, or 10.09.040);
19. Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, 10.99.050, or SMC 10.09.050);
20. Reserved;
21. Reserved;
22. Reserved;
23. Stalking (SMC 10.11.060); and
24. Interference with the reporting of domestic violence (SMC 10.09.070).
D. “Victim” means a family or household member who has been subjected to domestic violence.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 10.99.020.
10.09.020 Restraining Orders – Notice – Refusal to Comply – Arrest – Penalty – Defense – Peace Officers, Immunity.
A. Whenever a restraining order is issued under this chapter or RCW chapter 26.09, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from the residence, workplace, school, or day care of another is a misdemeanor.
B. A person is deemed to have notice of a restraining order if:
1. The person to be restrained or the person’s attorney signed the order;
2. The order recites that the person to be restrained or the person’s attorney appeared in person before the court;
3. The order was served upon the person to be restrained; or
4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
C. A peace officer shall verify the existence of a restraining order by:
1. obtaining information confirming the existence and terms of the order from a law enforcement agency; or
2. obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
D. A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
1. A restraining order has been issued under this chapter;
2. The respondent or person to be restrained knows of the order; and
3. The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from the residence.
E. It is a defense to prosecution under subsection (A) of this section that the court order was issued contrary to law or court rule.
F. No peace officer may be held criminally or civilly liable for making an arrest under subsection (D) of this section if the officer acts in good faith and without malice.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 26.09.300.
10.09.030 Restraining Orders – Notice – Refusal to Comply – Arrest – Penalty – Defense – Peace Officers, Immunity.
A. Whenever a restraining order is issued under this chapter or RCW chapter 26.10, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from the residence, workplace, school, or day care of another is a gross misdemeanor.
B. A person is deemed to have notice of a restraining order if:
1. The person to be restrained or the person’s attorney signed the order;
2. The order recites that the person to be restrained or the person’s attorney appeared in person before the court;
3. The order was served upon the person to be restrained; or
4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
C. A peace officer shall verify the existence of a restraining order by:
1. obtaining information confirming the existence and terms of the order from a law enforcement agency; or
2. obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
D. A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
1. A restraining order has been issued under this chapter;
2. The respondent or person to be restrained knows of the order; and
3. The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from the residence.
E. It is a defense to prosecution under subsection (A) of this section that the court order was issued contrary to law or court rule.
F. No peace officer may be held criminally or civilly liable for making an arrest under subsection (D) of this section if the officer acts in good faith and without malice.
[Ord. C32488 § 7; Passed: 9/13/1999]
Cross Reference: RCW 26.10.220.
10.09.040 Restraining Order – Knowing Violation – Penalty – Law Enforcement Immunity.
A. Whenever a restraining order is issued under this chapter or RCW chapter 26.26, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from the residence, workplace, school, or day care of another is a misdemeanor.
B. A person is deemed to have notice of a restraining order if:
1. The person to be restrained or the person’s attorney signed the order;
2. The order recites that the person to be restrained or the person’s attorney appeared in person before the court;
3. The order was served upon the person to be restrained; or
4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
C. A peace officer shall verify the existence of a restraining order by:
1. obtaining information confirming the existence and terms of the order from a law enforcement agency; or
2. obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
D. A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
1. A restraining order has been issued under this chapter;
2. The respondent or person to be restrained knows of the order; and
3. The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from the residence.
E. It is a defense to prosecution under subsection (A) of this section that the court order was issued contrary to law or court rule.
F. No peace officer may be held criminally or civilly liable for making an arrest under subsection (D) of this section if the officer acts in good faith and without malice.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 26.26.138.
10.09.050 Violation of No-Contact Order.
Willful violation of a court order issued under RCW 10.99.040(2) or (3) is a gross misdemeanor except as provided in RCW 10.99.040(4)(b) and (c). 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.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 10.99.040(4).
10.09.060 Violation of Protection Order.
Violation of the provisions of a protection order or no-contact order restraining the persons or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, issued under RCW 10.99.050, 26.50.060, 26.50.070, or 26.50.130 is a gross misdemeanor.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 10.99.020.
10.09.070 Interfering with Reporting of Domestic Violence.
A. A person commits the crime of interfering with the reporting of domestic violence if the person:
1. commits a crime of domestic violence, as defined in RCW 10.99.020, or the equivalent provisions of this title; and
2. prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
B. Commission of a crime of domestic violence under subsection (A) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.
C. Interference with the reporting of domestic violence is a gross misdemeanor.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 9A.36.150.
10.09.100 Powers and Duties of Law Enforcement Officers.
A. Reserved.
B. Reserved.
C. Reserved.
D. Reserved.
E. Reserved.
F. When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim’s right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.
1. A peace officer responding to a domestic violence call shall take a complete offense report including the officer’s disposition of the case.
G. When a peace 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 twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women’s shelter and other resources in your area are . . . . . (include local information)
H. 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.
I. The law enforcement agency shall forward the offense report to the appropriate prosecutor 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 active investigation.
J. 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.
K. Records kept pursuant to subsections (F) and (J) of this section shall be made identifiable by means of a departmental code for domestic violence.
L. Reserved.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 10.99.030.
10.09.110 Violation of Foreign Order.
A. Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is a gross misdemeanor except as provided in subsections (C) and (D) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
B. A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. 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.
C. An assault that is a violation of a valid foreign protection order 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 conduct in violation of a valid foreign protection order issued under this chapter 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 valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under RCW chapter 10.99, a domestic violence protection order issued under RCW chapter 26.09, 26.10, 26.26, or 26.50, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.
[Ord. C32488 § 8; Passed: 9/13/1999]
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