Chapter 9.62
DOMESTIC VIOLENCE AND PROTECTION ORDERS

9.62.000    Chapter Contents

Sections:

9.62.010    State statutes adopted by reference.

9.62.020    Violation of protective order.

9.62.025    Definitions.

9.62.030    Domestic Violence in the presence of children - Penalty.

9.62.040    Domestic Violence in the presence of children.

(Ord. 7333 §9, 2022; Ord. 7133 §4, 2018).

9.62.010 State statutes adopted by reference

The following sections of the Revised Code of Washington, as they appear now or are hereafter amended, are hereby adopted by reference as though fully set forth in this chapter:

RCW 7.105.010 – Definitions

RCW 7.105.450 – Enforcement and penalties – Other than antiharassment protection orders and extreme risk protection orders

RCW 7.105.455 – Antiharassment protection orders

RCW 10.99.010 – Purpose – Intent

RCW 10.99.020 – Definitions

RCW 10.99.030 – Law enforcement officers – Training, powers, duties – Domestic violence reports

RCW 10.99.040 – Duties of court – No-contact order

RCW 10.99.045 – Appearances by defendant – Defendant’s history – No-contact order

RCW 10.99.050 – Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change

RCW 10.99.055 – Enforcement of orders

RCW 10.99.060 – Prosecutor’s notice to victim – Description of available procedures

RCW 10.99.070 – Liability of peace officers

RCW 10.99.080 – Penalty assessment (as amended by 2015 c 265)

RCW 10.99.080 – Penalty assessment (as amended by 2015 c 275)

RCW 10.99.090 – Policy adoption and implementation

RCW 10.99.100 – Sentencing – Factors – Defendant’s criminal history

RCW 10.99.901 – Construction – Chapter applicable to state registered domestic partnerships

(Ord. 7333 §9, 2022; Ord. 7292 §1, 2021; Ord. 7133 §4, 2018).

9.62.020 Violation of protective order

A.    A person is guilty of Violation of Protective Order if the person knowingly violates an order of protection or order of restraint issued by any court.

B.    Violation of Protective Order is a gross misdemeanor.

(Ord. 7333 §9, 2022; Ord. 7292 §1, 2021; Ord. 7187 §3, 2019; Ord. 7133 §4, 2018).

9.62.025 Definitions

A.    "Child" or "children" as used in this section means any person under 18 years of age.

B.    "In the presence of" as used in this section means being in the immediate vicinity of or in close proximity to the criminal acts.

(Ord. 7333 §9, 2022).

9.62.030 Domestic Violence in the presence of children - Penalty

A.    If the Olympia Municipal Court finds that the accused committed any crime under Title 9 OMC and the Court receives sufficient evidence that the crime was committed against a family or household member or intimate partner, as defined in RCW 7.105.010, and that the crime was committed in the presence of a child or children, the Court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternative means.

(Ord. 7333 §9, 2022; Ord. 7292 §1, 2021; Ord. 7133 §4, 2018).

9.62.040 Domestic Violence in the presence of children

Any person convicted of a crime of domestic violence, as defined in RCW 10.99.020, under Title 9 OMC and if the acts leading up to such conviction were, pursuant to this ordinance, committed in the presence of a child or children shall be guilty of a misdemeanor.

(Ord. 7333 §9, 2022).