Chapter 9.35
DOMESTIC VIOLENCE

Sections:

9.35.010    Definitions.

9.35.020    No contact orders – Issuance.

9.35.030    No contact orders – Violation – Penalty.

9.35.040    Police officer immunity.

9.35.050    Violation of domestic violence laws.

9.35.010 Definitions.

Unless the context clearly requires otherwise, the definitions used in this section shall apply throughout this chapter:

A. “Cohabitant” means a person who is married or who is cohabiting with a person as husband and wife at the present time or at some time in the past; an adult person related by blood or marriage; or any person who has one or more children in common with another person, regardless of whether they have been married or lived together at any time, shall be treated as a cohabitant.

B. “Domestic violence” includes, but is not limited to, any of the following crimes as defined in RMC 9.05.010 or in RCW Title 9A, when committed by one cohabitant against another:

1. Assault in the first degree;

2. Assault in the second degree;

3. Simple assault;

4. Burglary in the first degree;

5. Burglary in the second degree;

6. Criminal trespass in the first degree;

7. Criminal trespass in the second degree;

8. Coercion;

9. Reckless endangerment;

10. Kidnapping in the first degree;

11. Kidnapping in the second degree;

12. Custodial interference;

13. Unlawful imprisonment;

14. Reckless burning in the second degree;

15. Malicious mischief in the first degree;

16. Malicious mischief in the second degree;

17. Rape in the first degree;

18. Rape in the second degree;

19. Vehicle prowling;

20. Stalking;

21. Theft in the third degree;

22. Violation of the provisions of a protection order restraining the person or excluding the person from a residence;

23. Violation of the provisions of a restraining order restraining the person or excluding the person from a residence.

C. “Victim” means a cohabitant who has been subjected to domestic violence. [Ord. 771 § 1, 1994.]

9.35.020 No contact orders – Issuance.

A. Because of the likelihood of repeated violence at those who have been victims of domestic violence in the past, when any defendant charged with the crime involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim.

B. Orders prohibiting the defendant from having contact shall be written and a certified copy of such order shall be provided to the victim and the defendant. [Ord. 771 § 1, 1994.]

9.35.030 No contact orders – Violation – Penalty.

A. A willful violation of an order issued pursuant to RMC 9.35.020 is a gross misdemeanor.

B. 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 CHAPTER 9.35 OF THE ROSLYN MUNICIPAL CODE.

C. A person is deemed to have notice of a no contact order if:

1. The defendant or the defendant’s attorney sign the order; or

2. The order recites that the defendant or the defendant’s attorney appeared in person before the court; or

3. The order was served upon the defendant; or

4. The peace officer gives the defendant oral or written evidence of the order by reading from it or handing to a person a certified copy of the original order which is certified to be an accurate copy of the original by a notary public or by a clerk of the court. [Ord. 846 § 1, 1997; Ord. 771 § 1, 1994.]

9.35.040 Police officer immunity.

A police 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 acts or omissions in good faith arising from an alleged incident of domestic violence brought by any party to the incident. [Ord. 771 § 1, 1994.]

9.35.050 Violation of domestic violence laws.

Every person who shall violate a lawful order of any court issued pursuant to Chapter 10.99 or 26.50 RCW pertaining to domestic violence shall be guilty of a misdemeanor. [Ord. 785 § 1, 1994.]