Chapter 9.05
VIOLATION OF COURT ORDERS

Sections:

9.05.005    Definitions.

9.05.010    Violation of court orders.

9.05.020    Violation of orders – Penalties.

9.05.030    Nonliability of peace officer.

9.05.005 Definitions.

The definitions in this section apply throughout this chapter.

“Foreign protection order” means an injunction or other order related to harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person, issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or tribal court, in a civil or criminal action as defined in RCW 26.52.010(3).

“Person entitled to protection” means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order as defined in RCW 26.52.010(6).

“Person under restraint” means a person, regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person, or to be physically close to another person, is restricted by the foreign protection order. [Ord. 36-12 § 1 (Att. A), 2012].

9.05.010 Violation of court orders.

Any person violating, within the city of West Richland, a court order issued by any court of competent jurisdiction of the state of Washington, when the violation of such court order is a criminal misdemeanor or gross misdemeanor under:

A. Chapter 9A.46 RCW (criminal no-contact order); or

B. Chapter 10.99 RCW (criminal no-contact order); or

C. Chapter 10.14 RCW (anti-harassment order); or

D. Chapter 26.09 RCW (dissolution action order); or

E. Chapter 26.26 RCW (parentage action order); or

F. Chapter 26.44 RCW (restraining order issued on behalf of an abused child or adult dependent person); or

G. Chapter 26.52 RCW (foreign protection order); or

H. Chapter 74.34 RCW (order for protection of a vulnerable adult);

is subject to prosecution for such violation in the Benton County district court the same as any other criminal violation of this title. [Ord. 36-12 § 1 (Att. A), 2012].

9.05.020 Violation of orders – Penalties.

A. Whenever an order is granted by the Benton County district court or under any of the RCWs listed in WRMC 9.05.010, and the defendant, respondent, or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2)(a) or (b), is a gross misdemeanor except as provided in WRMC 9.05.010.

B. A peace officer shall arrest without a warrant and take into custody a person who the peace officer has probable cause to believe has violated an order issued by the Benton County district court or an order issued pursuant to Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW, that restrains the person or excludes the person from a residence, workplace, school or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. 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. A violation of an order issued in Benton County district court, or under Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

D. Any assault that is a violation of an order issued by Benton County district court, or under Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW, 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 any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a Class C felony.

E. A violation of a court order issued by Benton County district court, or under Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW, is a Class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

F. Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the West Richland Municipal Code, or under Chapter 10.99, 26.09, 26.10, 26.26, 26.50, 26.52 or 74.34 RCW, the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. [Ord. 36-12 § 1 (Att. A), 2012].

9.05.030 Nonliability of peace officer.

A peace 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 action or omission in good faith under this chapter arising from an allegation brought by any party to the incident. [Ord. 36-12 § 1 (Att. A), 2012].