6-3A DOMESTIC VIOLENCE

ARTICLE A. DOMESTIC VIOLENCE

SECTION:

6-3A-1: Statutes Adopted By Reference

6-3A-2: Purpose; Intent

6-3A-3: Definitions

6-3A-4: Law Enforcement Officers; Training; Duties

6-3A-5: Duties Of Court

6-3A-6: Appearances By Defendant

6-3A-7: Restricting Contact With Victim

6-3A-8: Prosecution Decision

6-3A-1 STATUTES ADOPTED BY REFERENCE:

The city hereby adopts the following sections by reference: Revised Code of Washington 26.09.300, 26.50.010 through 26.50.900 and 26.09.300. (Ord. 318, 12-10-1984)

6-3A-2 PURPOSE; INTENT:

A. Purpose: The purpose of this article is to recognize the importance of domestic violence as a serious crime against society and to assure the victims of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The city finds that the existing criminal ordinances are adequate to provide protection for victims of domestic violence; however, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies.

B. Intent: It is the intent of the city that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the city that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a traditional relationship. (Ord. 318, 12-10-1984)

6-3A-3 DEFINITIONS:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this article:

COURT:	The superior court, district courts, and municipal courts of the state of Washington, and includes the municipal court of the city of Roy.
DOMESTIC VIOLENCE:	Includes, but is not limited to, any of the following crimes when committed by one family or household member against another:
	A. Assault.
	B. Assault in the first degree (RCW 9A.36.010).
	C. Assault in the second degree (RCW 9A.36.020).
	D. Simple assault (RCW 9A.36.040).
	E. Reckless endangerment (RCW 9A.36.050).
	F. Coercion (RCW 9A.36.070).
	G. Burglary in the first degree (RCW 9A.52.020).
	H. Burglary in the second degree (RCW 9A.52.030).
	I. Criminal trespass in the first degree (RCW 9A.52.070).
	J. Criminal trespass in the second degree (RCW 9A.52.080).
	K. Malicious mischief in the first degree (RCW 9A.48.070).
	L. Malicious mischief in the second degree (RCW 9A.48.080).
	M. Malicious mischief in the third degree (RCW 9A.48.090).
	N. Kidnapping in the first degree (RCW 9A.40.020).
	O. Kidnapping in the second degree (RCW 9A.40.030).
	P. Unlawful imprisonment (RCW 9A.40.040).
	Q. Violation of the provisions of a restraining order issued in divorce proceedings restraining the person or excluding the person from a residence (RCW 26.09.300).
	R. Violation of the provisions of a protection order restraining the person or excluding the person from a residence made by any court pursuant to the provisions of the domestic violence prevention act (RCW chapter 26.50).
	S. Rape in the first degree (RCW 9A.44.040)
	T. Rape in the second degree (RCW 9A.44.050).
FAMILY OR HOUSEHOLD MEMBERS:	Spouses, former spouses, adult persons related by blood or marriage, persons who are presently residing together or who have resided together in the past, and persons who have a child in common, regardless of whether they have been married or have lived together at any time.
JUDICIAL DAY:	Does not include Saturdays, Sundays, or legal holidays.
VICTIM:	A family or household member who has been subject to domestic violence. (Ord. 318, 12-10-1984; amd. 2006 Code)

6-3A-4 LAW ENFORCEMENT OFFICERS; TRAINING; DUTIES:

A. Training: All training of law enforcement officers relating to the handling of domestic violence complaints shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

B. Law Enforcement; Protect Complaining Party: The primary duty of peace officers when responding to a domestic violence situation is to enforce laws allegedly violated and to protect the complaining party.

C. Duties At Scene Of Complaint:

1. When a peace officer responds to a domestic violence call and has probable cause to believe that a crime defined in this article as domestic violence has been committed, the peace officer shall exercise arrest powers with reference to the criteria in Revised Code of Washington 10.31.100 and city traffic ordinances identical thereto. The officer shall notify the victim of the victim’s rights to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

2. A peace officer responding to a domestic violence call shall make a complete offense report, including the officer’s disposition of the case.

D. Notice Of Legal Rights: When a police 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;

(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 1-800-562-6025. The battered women’s shelter and other resources in this area are: (include current local information).

E. Transport Victim To Safety: 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.

F. Forward Offense Report To Prosecutor: The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten (10) 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.

G. Records:

1. 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.

2. Records kept pursuant to subsections C and G1 of this section shall be made identifiable by means of a departmental code for domestic violence. (Ord. 318, 12-10-1984)

6-3A-5 DUTIES OF COURT:

A. Court Duties: Because of the serious nature of domestic violence, the court, in domestic violence actions:

1. Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

2. Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

3. 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 client the victim’s location; and

4. Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

B. Prohibiting Defendant From Contacting Victim:

1. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant charged with a crime involving domestic violence is released from custody before trial and sentencing on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim. In such case, the court should determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting the defendant from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the defendant from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. (Ord. 318, 12-10-1984)

2. Wilful violation of a court order issued under this section is a misdemeanor, and any person convicted thereof shall be subject to penalty as provided in section 1-4-1 of this code. 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 ordinance no. of the City of Roy, and will subject a violator to arrest". A certified copy of the order shall be provided to the victim. (Ord. 318, 12-10-1984; amd. 2006 Code)

C. Copy Of Court Order To Law Enforcement Agency: Whenever an order prohibiting contact is issued under subsection B 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, the police department. Upon receipt of the copy of the order, the police department shall forthwith enter the order for one year into any computer based 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 notices to all law enforcement agencies of the existence of the order. (Ord. 318, 12-10-1984)

6-3A-6 APPEARANCES BY DEFENDANT:

A. Appearance:

1. A defendant arrested for an offense involving "domestic violence", as defined in section 6-3A-3 of this article, shall be required to appear in person before a magistrate within one judicial day after the arrest, or in a manner consistent with the existing court rules; or

2. A defendant who is charged by citation, complaint, or information with an offense involving "domestic violence", as defined in section 6-3A-3 of this article and not arrested, shall appear in court for arraignment in person as soon as practicable, but, subject to court rules and if consistent therewith, in no event later than fourteen (14) days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

B. Pretrial Conditions: At the time of the appearance provided for in subsection A of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial or presentencing release according to the procedures established by court rules for a preliminary appearance or an arraignment. The decision of the judge and findings of fact in support thereof shall be in writing.

C. Mandatory Appearance: Appearances required pursuant to this section are mandatory and cannot be waived unless otherwise provided by court rule. (Ord. 318, 12-10-1984)

6-3A-7 RESTRICTING CONTACT WITH VICTIM:

A. Issuance And Recording Of Order:

1. When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant’s ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

2. Whenever an order prohibiting contact is issued pursuant to 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, and the police department. Upon receipt of the copy of the order, the police department shall forthwith enter the order for one year into any computer based 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 notices to all law enforcement agencies of the existence of the order.

B. Enforcement Of Order: Any order issued pursuant to this article which restricts a defendant’s ability to have contact with a victim shall be enforced by taking the defendant into custody pending release on bail, personal recognizance, or court order, when a police officer has probable cause to believe that the defendant has knowingly violated the terms of that order. (Ord. 318, 12-10-1984)

C. Violation Of Order For Protection:

1. Whenever an order for protection is granted pursuant to the terms of the domestic violence prevention act¹, and the person restrained knows of the provisions, a violation of the restraining provisions or of a provision excluding the person from a residence is a misdemeanor, punishable as provided in section 1-4-1 of this code. (Ord. 318, 12-10-1984; amd. 2006 Code)

2. A police officer shall arrest without a warrant and take into custody a person the police officer has probable cause to believe has violated an order issued pursuant to the domestic violence prevention act², which restrains the person or excludes the person from a residence, if the person restrained knows of the order. (Ord. 318, 12-10-1984)

6-3A-8 PROSECUTION DECISION:

The city attorney shall be responsible for making the decision whether or not to prosecute, shall advise the victim of that decision within five (5) days, and, prior to making that decision, shall advise the victim, upon the victim’s request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in the jurisdiction to initiate a criminal proceeding. (Ord. 318, 12-10-1984)

RCW ch. 26.50.