HomeMy WebLinkAboutOrd 1789 - TMC 8.30.030 "Domestic Violence" (Repealed by Ord 2680)City of Tukwila
Washington
Cover page to Ordinance 1789
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL Of THE CITY OF
TUKWILA, WASHINGTON, .AMENDING TUKWILA. MUNICIPAL
CODE 8.30.030„ REGARDE G OMESTIC "VIOLENCE; PROVIDING
FOR SEVERABILITY„ .AND ESTABLISHING AN 'EFFECTIVE DATE.
Ordinance 1789 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed Repealed by Ord #
2680
City of Tukwila
Washington
Ordinance No. / 71Y
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE 8.30.030, REGARDING DOMESTIC VIOLENCE; PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, TMC 8.30.030 sets forth provisions regarding the adoption by reference of
sections of the Revised Code of Washington to provide for domestic violence protection; and
WHEREAS, the City Council finds it advisable to update and amend TMC 8.30.030 to
update it and include the crime of interfering with the reporting of domestic violence and the
crime of violating a restraining order, both passed by the State legislature as additional
measures for domestic violence protection;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.30.030 Domestic Violence - State Statutes Adopted By Reference.
Tukwila Municipal Code 8.30.030 is hereby amended to read as follows:
The following statutes of the Revised Code of Washington as the same exist or shall
hereafter be amended are hereby adopted by reference:
RCW
10.99.020 Definitions.
10.99.030 Law enforcement officers—Training, powers, duties—Domestic violence
reports.
10.99.040 Restrictions upon and duties of court.
10.99.045 Appearances by defendant—No-contact order.
10.99.050 Victim contact—Restriction, prohibition—Violation, penalties—Written
order—Procedures.
10.99.055 Enforcement of orders.
10.99.060 Notification of victim of prosecution decision—Description of criminal
procedures available.
10.99.070 Liability of peace officers.
26.50.010 Definitions.
26.50.020 Commencement of action—Jurisdiction—Venue.
26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW—
Enforcement—Consolidation.
26.50.030 Petition for an order for protection—Availability of forms and
informational brochures—Bond not required.
26.50.035 Development of instructions, informational brochures, forms, and
handbook by the administrator for the courts—Community resource list—
Distribution of master copy.
26.50.040 Fees not permitted—Filing, service of process, certified copies.
26.50.050 Hearing—Service—Time.
26.50.055 Appointment of interpreter.
26.50.060 Relief—Duration—Realignment of designation of parties—Award of
costs, service fees, and attorneys' fees.
26.50.070 Ex parte temporary order for protection.
DOMVILNC.DOC 1/29/97
26.50.080 Issuance of order—Assistance of peace officer—Designation of
appropriate law enforcement agency.
26.50.085 Hearing reset after ex parte order—Service by publication—
Circumstances.
26.50.090 Order—Service—Fees.
26.50.095 Order following service by publication.
26.50.100 Order—Transmittal to law enforcement agency—Record in law
enforcement information system—Enforceability.
26.50.110 Violation of order—Penalties.
26.50.115 Enforcement of ex parte order —Knowledge of order prerequisite to
penalties—Reasonable efforts to serve copy of order.
26.50.120 Violation of order—Prosecuting attorney or attorney for municipality may
be requested to assist—Cost and attorney's fee.
26.50.123 Service by mail.
26.50.125 Service by publication or mailing—Costs.
26.50.130 Order—Modification—Transmittal.
26.50.135 Residential placement or custody of a child—Prerequisite.
26.50.140 Peace officers—Immunity.
26.50.150 Domestic violence perpetrator programs.
26.50.160 Judicial information system—Data base.
26.50.200 Title to real estate—Effect.
26.50.210 Proceedings additional.
26.50.220 Parenting plan—Designation of parent for other state and federal
purposes.
26.50.900 Short title.
9A.36.150 Interfering with the reporting of domestic violence.
26.09.300 Restraining orders—Notice—Refusal to comply—Arrest—Penalty—
Defense—Peace officers, immunity.
Section 2. Repealer. Ordinance Number 1363§1(part) as codified at TMC 8.30.030 is
hereby repealed.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional
or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COU,CIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this J — day of ,1997.
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the ity
orney
FILED WITH THE CITY CLERK: /4 i/9 7
PASSED BY THE CITY COUNCIL:/J/%7
PUBLISHED: 7/ % 7
EFFECTIVE DATE: 02//,g 9 7
ORDINANCE NO.: /7 %
DOMVILNC.DOC 1/29/97
W. Rants, Mayor
or a private organization for
transmittal under this section
§ 3; 1984 c 17 § 13.]
Effective dates -1987 c 462:
Criminal Justice Information Act 10.98.130
the information collection and
. [1988 c 152 § 1; 1987 c 462
See note following RCW 13.04.116.
10.98.140 Criminal justice information—
Forecasting, felons, sentences. (1) The section, the
department, and the office of financial management shall be
the primary sources of information for criminal justice
forecasting. The information maintained by these agencies
shall be complete, accurate, and sufficiently timely to
support state criminal justice forecasting.
(2) The office of financial management shall be the
official state agency for the sentenced felon jail forecast.
This forecast shall provide at least a six-year projection and
shall be published by December 1 of every even -numbered
year beginning with 1986. The office of financial manage-
ment shall seek advice regarding the assumptions in the
forecast from criminal justice agencies and associations.
(3) The sentencing guidelines commission shall keep
records on all sentencings above or below the standard range
defined by chapter 9.94A RCW. As a minimum, the records
shall include the name of the offender, the crimes for which
the offender was sentenced, the name and county of the
sentencing judge, and the deviation from the standard range.
Such records shall be made available to public officials upon
request. [1987 c 462 § 4; 1985 c 201 § 6; 1984 c 17 § 14.]
Effective dates -1987 c 462: See note following RCW 13.04.116.
10.98.150 Release of information on suspected or
convicted felons. The section and the department shall
provide prompt responses to the requests of law enforcement
agencies and jails regarding the status of suspected or
convicted felons. Dissemination of individual identities,
criminal histories, or the whereabouts of a suspected or
convicted felon shall be in accordance with chapter 10.97
RCW, the Washington state criminal records privacy act.
[1984 c 17 § 15.]
10.98.160 Procedures, development considerations—
Executive committee, review and recommendations. In
the development and modification of the procedures, defini-
tions, and reporting capabilities of the section, the depart-
ment, the office of financial management, and the responsi-
ble agencies and persons shall consider the needs of other
criminal justice agencies such as the administrator for the
courts, local law enforcement agencies, jailers, the sen-
tencing guidelines commission, the *board of prison terms
and paroles, the clemency board, prosecuting attorneys, and
affected state agencies such as the office of financial
management and legislative committees dealing with
criminal justice issues. An executive committee appointed
by the heads of the department, the Washington state patrol,
and the office of financial management shall review and
provide recommendations for development and modification
of the section, the department, and the office of financial
management's felony criminal information systems. [1987
c 462 § 5; 1984 c 17 § 16.]
*Reviser's note: The "board of prison terms and paroles" was
redesignated the "indeterminate sentence review board" by 1986 c 224,
effective July 1, 1986.
(1996 Ed.)
Effective dates -1987 c 462: See note following RCW 13.04.116.
Chapter 10.99
DOMESTIC VIOLENCE—OFFICIAL RESPONSE
Sections
10.99.010 Purpose—Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers—Training, powers, duties—
Domestic violence reports.
10.99.040 Restrictions upon and duties of court.
10.99.045 Appearances by defendant—No-contact order.
10.99.050 Victim contact—Restriction, prohibition—Violation, penal-
ties—Written order—Procedures.
10.99.055 Enforcement of orders.
10.99.060 Notification of victim of prosecution decision—Description
of criminal procedures available.
10.99.070 Liability of peace officers.
10.99.900 Severability -1979 ex.s. c 105.
Arrest without warrant in domestic violence cases: RCW 10.31.100(2).
Domestic violence prevention. Chapter 26.50 RCW.
Rape crisis centers: Chapters 70.123 and 70.125 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
Victims, survivors, and witnesses of crimes: Chapter 7.69 RCW.
10.99.010 Purpose—Intent. The purpose of this
chapter is to recognize the importance of domestic violence
as a serious crime against society and to assure the victim of
domestic violence the maximum protection from abuse
which the law and those who enforce the law can provide.
The legislature finds that the existing criminal statutes 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. It is the intent of the legislature 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 legislature
that criminal laws be enforced without regard to whether the
persons involved are or were married, cohabiting, or in-
volved in a relationship. [ 1979 ex.s. c 105 § 1.]
10.99.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "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
[Title 10 RCW—page 73]
10.99.020 Title 10 RCW: Criminal Procedure
biological or legal parent-child relationship, including
stepparents and stepchildren and grandparents and grand-
children.
(2) "Dating relationship" has the same meaning as in
RCW 26.50.010.
(3) "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 in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree (RCW 9A.36.031);
(d) Assault in the fourth degree (RCW 9A.36.041);
(e) Reckless endangerment in the first degree (RCW
9A.36.045);
(f) Reckless endangerment in the second degree (RCW
9A.36.050);
(g) Coercion (RCW 9A.36.070);
(h) Burglary in the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
(j) Criminal trespass in the first degree (RCW
9A.52.070);
(k) Criminal trespass in the second degree (RCW
9A.52.080);
(I) Malicious mischief in the first degree (RCW
9A.48.070);
(m) Malicious mischief in the second degree (RCW
9A.48.080);
(n) Malicious mischief in the third degree (RCW
9A.48.090);
(o) Kidnapping in the first degree (RCW 9A.40.020);
(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order re-
straining the person or restraining the person from going
onto the grounds of or entering a residence, workplace,
school, or day care (RCW 26.09.300, 26.10.220, or
26.26.138);
(s) 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 resi-
dence, workplace, school, or day care (RCW 26.50.060,
26.50.070, 26.50.130, 10.99.040, or 10.99.050);
(t) Rape in the first degree (RCW 9A.44.040);
(u) Rape in the second degree (RCW 9A.44.050);
(v) Residential burglary (RCW 9A.52.025);
(w) Stalking (RCW 9A.46.110); and
(x) Interference with the reporting of domestic violence
(RCW 9A.36.150).
(4) "Victim" means a family or household member who
has been subjected to domestic violence. [1996 c 248 § 5;
1995 c 246 § 21; 1994 c 121 § 4; 1991 c 301 § 3; 1986 c
257 § 8; 1984 c 263 § 20; 1979 ex.s. c 105 § 2.]
Severability -1995 c 246: See note following RCW 26.50.010.
Finding -1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include
the systematic destruction of individuals and their families, lost lives, lost
productivity, and increased health care, criminal justice, and social service
costs.
Children growing up in violent homes are deeply affected by the
violence as it happens and could be the next generation of batterers and
victims.
Many communities have made headway in addressing the effects of
domestic violence and have devoted energy and resources to stopping this
[Title 10 RCW—page 74]
violence. However, the process for breaking the cycle of abuse is lengthy.
No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured
to assure access to a wide range of services, including those of the
law/safety/justice system, human service system, and health care system.
These services need to be coordinated and multidisciplinary in approach and
address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all
within its range, the community has a vested interest in the methods used
to stop and prevent future violence. Clear standards of quality are needed
so that perpetrator treatment programs receiving public funds or court-
ordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator's
use of alcohol and illegal substances, substance abuse may be a contributing
factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal
frequently with domestic violence or are in a position to identify domestic
violence and provide support and information.
Much has been learned about effective interventions in domestic
violence situations; however, much is not yet known and further study is
required to know how to best stop this violence." [1991 c 301 § 1 ]
Severability -1986 c 257: See note following RCW 9A.56.010.
Effective date -1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
Domestic violence defined under the Domestic Violence Prevention Act:
RCW 26.50.010.
10.99.030 Law enforcement officers—Training,
powers, duties—Domestic violence reports. (1) All
training relating to the handling of domestic violence
complaints by law enforcement officers shall stress enforce-
ment 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.
(2) The criminal justice training commission shall
implement by January 1, 1997, a course of instruction for the
training of law enforcement officers in Washington in the
handling of domestic violence complaints. The basic law
enforcement curriculum of the criminal justice training
commission shall include at least twenty hours of basic
training instruction on the law enforcement response to
domestic violence. The course of instruction, the learning
and performance objectives, and the standards for the
training shall be developed by the commission and focus on
enforcing the criminal laws, safety of the victim, and holding
the perpetrator accountable for the violence. The curriculum
shall include training on the extent and prevalence of
domestic violence, the importance of criminal justice
intervention, techniques for responding to incidents that
minimize the likelihood of officer injury and that promote
victim safety, investigation and interviewing skills, evidence
gathering and report writing, assistance to and services for
victims and children, verification and enforcement of court
orders, liability, and any additional provisions that are
necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall
develop and update annually an in-service training program
to familiarize law enforcement officers with the domestic
violence laws. The program shall include techniques for
handling incidents of domestic violence that minimize the
likelihood of injury to the officer and that promote the safety
of all parties. The commission shall make the training
(1996 Ed.)
STAFF REPORT
TO: Mayor John W. Rants
FROM: Bob Noe, City Attorney's Office ,
DATE: January 29, 1997
RE: Amendments to TMC 8.30.030 Relating to Domestic Violence Crimes
In 1995 the state legislature passed additional provisions relating to domestic
violence crimes in an effort to further curtail such crime. Tukwila has adopted by
reference state law provisions on domestic violence. The new state provision, RCW
9A.36.150, makes it a crime for an individual to interfere with the reporting of a
domestic violence incident. The other provision, RCW 26.09.300, provides clearer
guidelines for issuance and enforcement of restraining orders issued in domestic
matters.
In reviewing TMC 8.30.030 to add the new provisions, it was discovered that it
needed to be updated in general so that all state provisions relating to domestic
violence are properly incorporated by reference. The Ordinance for Council's
consideration both adds the new provisions to and updates TMC 8.30.030.
012997/ - Page 1
Domestic Violence—Official Response 10.99.030
program available to all law enforcement agencies in the
state.
(4) Development of the training in subsections (2) and
(3) of this section shall be conducted in conjunction with
agencies having a primary responsibility for serving victims
of domestic violence with emergency shelter and other
services, and representatives to the state-wide organization
providing training and education to these organizations and
to the general public.
(5) The primary duty of peace officers, when responding
to a domestic violence situation, is to enforce the laws
allegedly violated and to protect the complaining party.
(6)(a) 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.
(b) A peace officer responding to a domestic violence
call shall take a complete offense report including the
officer's disposition of the case.
(7) When a peace officer responds to a domestic
violence call, the officer shall advise victims of all reason-
able 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 prose-
cuting 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 in-
clude any of the following: (a) An order restrain-
ing your abuser from further acts of abuse; (b) an
order directing your abuser to leave your house-
hold; (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 appro-
priate phone number). The battered women's
shelter and other resources in your area are
(include local information)"
(8) 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.
(1996 Ed.)
(9) 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.
.(10) 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.
(11) Records kept pursuant to subsections (6) and (10)
of this section shall be made identifiable by means of a
departmental code for domestic violence.
(12) Commencing January 1, 1994, records of incidents
of domestic violence shall be submitted, in accordance with
procedures described in this subsection, to the Washington
association of sheriffs and police chiefs by all law enforce-
ment agencies. The Washington criminal justice training
commission shall amend its contract for collection of state-
wide crime data with the Washington association of sheriffs
and police chiefs:
(a) To include a table, in the annual report of crime in
Washington produced by the Washington association of
sheriffs and police chiefs pursuant to the contract, showing
the total number of actual offenses and the number and
percent of the offenses that are domestic violence incidents
for the following crimes: (i) Criminal homicide, with
subtotals for murder and nonnegligent homicide and man-
slaughter by negligence; (ii) forcible rape, with subtotals for
rape by force and attempted forcible rape; (iii) robbery, with
subtotals for firearm, knife or cutting instrument, or other
dangerous weapon, and strongarm robbery; (iv) assault, with
subtotals for firearm, knife or cutting instrument, other
dangerous weapon, hands, feet, aggravated, and other
nonaggravated assaults; (v) burglary, with subtotals for
forcible entry, nonforcible unlawful entry, and attempted
forcible entry; (vi) larceny theft, except motor vehicle theft;
(vii) motor vehicle theft, with subtotals for autos, trucks and
buses, and other vehicles; (viii) arson; and (ix) violations of
the provisions of a protection order or no -contact order
restraining the person from going onto the grounds of or
entering a residence, workplace, school, or day care, provid-
ed that specific appropriations are subsequently made for the
collection and compilation of data regarding violations of
protection orders or no -contact orders;
(b) To require that the table shall continue to be
prepared and contained in the annual report of crime in
Washington until that time as comparable or more detailed
information about domestic violence incidents is available
through the Washington state incident based reporting system
and the information is prepared and contained in the annual
report of crime in Washington; and
(c) To require that, in consultation with interested
persons, the Washington association of sheriffs and police
chiefs prepare and disseminate procedures to all taw enforce-
ment agencies in the state as to how the agencies shall code
and report domestic violence incidents to the Washington
association of sheriffs and police chiefs. [1996 c 248 § 6;
1995 c 246 § 22; 1993 c 350 § 3; 1984 c 263 § 21; 1981 c
145 § 5; 1979 ex.s. c 105 § 3.]
Educational manual and training curriculum: "(1) By January 1,
1997, the criminal justice training commission shall develop an educational
manual and a training curriculum for prosecutors in Washington state
regarding domestic violence. The manual and curriculum shall include but
[Title 10 RCW—page 75]
10.99.030 Title 10 RCW: Criminal Procedure
not be limited to: The nature, extent, and causes of domestic violence; laws
on domestic violence; practices designed to promote safety of the victim and
other family and household members, including safety plans; the responsi-
bility and authority of the criminal justice system to intervene in domestic
violence, considerations that should go into screening and charging
decisions; violations of court orders; trial tactics; evidence collection; victim
advocates; considerations that should go into effective sentencing disposi-
tions related to victim safety and perpetrator accountability; lethality; and
community resources for victims, perpetrators, and children.
(2) By July 1, 1998, the commission shall distribute a copy of the
manual and curriculum specified in subsection (1) of this section to the
prosecuting attorney for each county and unit of government for their use
in education and training.
(3) The manual and curriculum specified in subsection (1) of this
section shall be developed in conjunction with agencies responsible for
prosecuting domestic violence cases, agencies having a primary responsibili-
ty for serving victims of domestic violence with emergency shelter and
other services, representatives of the state-wide organization providing
training and education to these organizations and the general public, and
others with a demonstrated expertise on domestic violence and the criminal
justice system." [1995 c 246 § 24.]
Severability -1995 c 246: See note following RCW 26.50.010.
Findings—Severability-1993 c 350: See notes following RCW
26.50.035.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
10.99.040 Restrictions upon and duties of court. (1)
Because of the serious nature of domestic violence, the court
in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition
because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a
dissolution of marriage prior to instigation of criminal
proceedings;
(c) 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
or her client the victim's location; and
(d) Shall identify by any reasonable means on docket
sheets those criminal actions arising from acts of domestic
violence.
(2) Because of the likelihood of repeated violence
directed at those who have been victims of domestic vio-
lence in the past, when any person charged with or arrested
for a crime involving domestic violence is released from
custody before arraignment or trial on bail or personal
recognizance, the court authorizing the release may prohibit
that person from having any contact with the victim. The
jurisdiction authorizing the release shall determine whether
that person should be prohibited from having any contact
with the victim. If there is no outstanding restraining or
protective order prohibiting that person from having contact
with the victim, the court authorizing release may issue, by
telephone, a no -contact order prohibiting the person charged
or arrested from having contact with the victim. In issuing
the order, the court shall consider the provisions of RCW
9.41.800. The no -contact order shall also be issued in writ-
ing as soon as possible.
(3) At the time of arraignment the court shall determine
whether a no -contact order shall be issued or extended. If
a no -contact order is issued or extended, the court may also
include in the conditions of release a requirement that the
defendant submit to electronic monitoring. If electronic
[Title 10 RCW—page 76]
monitoring is ordered, the court shall specify who shall
provide the monitoring services, and the terms under which
the monitoring shall be performed. Upon conviction, the
court may require as a condition of the sentence that the
defendant reimburse the providing agency for the costs of
the electronic monitoring.
(4)(a) Willful violation of a court order issued under
subsection (2) or (3) of this section is a gross misdemeanor
except as provided in (b) and (c) of this subsection (4).
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.
(b) Any assault that is a violation of an order issued
under this section and 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 punishable under chapter 9A.20 RCW,
and any conduct in violation of a protective order issued
under this section that is reckless and creates a substantial
risk of death or serious physical injury to another person is
a class C felony punishable under chapter 9A.20 RCW.
(c) A willful violation of a court order issued under this
section 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 this chapter, a domestic violence
protection order issued under chapter 26.09, 26.10, 26.26, or
26.50 RCW, or any federal or out-of-state order that is
comparable to a no -contact order or protection order issued
under Washington law. The previous convictions may
involve the same victim or other victims specifically protect-
ed by the no -contact orders or protection orders the offender
violated.
(d) The written order releasing the person charged or
arrested shall contain the court's directives and shall bear the
legend: "Violation of this order is a criminal offense under
chapter 10.99 RCW and will subject a violator to arrest; any
assault or reckless endangerment that is a violation of this
order is a felony. You can be arrested even if any person
protected by the order invites or allows you to violate the
order's prohibitions. You have the sole responsibility to
avoid or refrain from violating the order's provisions. Only
the court can change the order." A certified copy of the
order shall be provided to the victim. If a no -contact order
has been issued prior to charging, that order shall expire at
arraignment or within seventy-two hours if charges are not
filed. Such orders need not be entered into the computer-
based criminal intelligence information system in this state
which is used by law enforcement agencies to list outstand-
ing warrants.
(5) Whenever an order prohibiting contact is issued,
modified, or terminated under subsection (2) or (3) 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. Upon receipt
of the copy of the order the law enforcement agency shall
forthwith enter the order for one year or until the expiration
date specified on the order into any computer-based criminal
intelligence information system available in this state used
(1996 Ed.)
Domestic Violence—Official Response 10.99.040
by law enforcement agencies to list outstanding warrants.
Entry into the law enforcement information system consti-
tutes notice to all law enforcement agencies of the existence
of the order. The order is fully enforceable in any jurisdic-
tion in the state. [1996 c 248 § 7; 1995 c 246 § 23; 1994
sp.s. c 7 § 449; 1992 c 86 § 2; 1991 c 301 § 4; 1985 c 303
§ 10; 1984 c 263 § 22; 1983 c 232 § 7; 1981 c 145 § 6;
1979 ex.s. c 105 § 4.]
Severability -1995 c 246: See note following RCW 26.50.010.
Finding—Intent--Severability-1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date -1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Finding -1991 c 301: See note following RCW 10.99.020.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability -1983 c 232: See note following RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders for protection in cases of domestic violence: RCW 26.50.030,
26.50.070.
Temporary restraining order RCW 26.09.060.
10.99.045 Appearances by defendant—No-contact
order. (1) A defendant arrested for an offense involving
domestic violence as defined by *RCW 10.99.020(2) shall be
required to appear in person before a magistrate within one
judicial day after the arrest.
(2) A defendant who is charged by citation, complaint,
or information with an offense involving domestic violence
as defined by *RCW 10.99.020(2) and not arrested shall
appear in court for arraignment in person as soon as practi-
cable, but in no event later than fourteen 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.
(3) At the time of the appearances provided in subsec-
tion (1) or (2) of this section, the court shall determine the
necessity of imposing a no -contact order or other conditions
of pretrial release according to the procedures established by
court rule for a preliminary appearance or an arraignment.
The court may include in the order any conditions authorized
under RCW 9.41.800.
(4) Appearances required pursuant to this section are
mandatory and cannot be waived.
(5) The no -contact order shall be issued and entered
with the appropriate law enforcement agency pursuant to the
procedures outlined in RCW 10.99.040 (2) and (4). [1994
sp.s. c 7 § 450; 1984 c 263 § 23; 1983 c 232 § 8; 1981 c
145 § 7.]
*Reviser's note: RCW 10.99.020 was amended by 1995 c 246 § 21,
changing subsection (2) to subsection (3).
Finding—Intent—Severability-1994 sps. c 7: See notes following
RCW 43.70.540.
Effective date -1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9 41.010.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability -1983 c 232: See note following RCW 9 41.010.
10.99.050 Victim contact—Restriction, prohibi-
tion—Violation, penalties—Written order—Procedures.
(1) When a defendant is found guilty of a crime and a
condition of the sentence restricts the defendant's ability to
(1996 Ed.)
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) Willful violation of a court order issued under this
section is a gross misdemeanor. Any assault that is a
violation of an order issued under this section and 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 a protective order issued under this
section that is reckless and creates a substantial risk of death
or serious physical injury to another person is a class C
felony. A willful violation of a court order issued under this
section is also a class C felony if the offender has at least
two previous convictions for violating the provisions of a no -
contact order issued under this chapter, or a domestic
violence protection order issued under chapter 26.09, 26.10,
26.26, or 26.50 RCW, or any federal or out-of-state order
that is comparable to a no -contact order or protection order
that is issued under Washington law. The previous convic-
tions may involve the same victim or other victims specifi-
cally protected by the no -contact orders or protection orders
the offender violated.
The written order shall contain the court's directives and
shall bear the legend: Violation of this order is a criminal
offense under chapter 10.99 RCW and will subject a violator
to arrest; any assault or reckless endangerment that is a
violation of this order is a felony.
(3) 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.
Upon receipt of the copy of the order the law enforcement
agency 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 notice to all law enforcement
agencies of the existence of the order. The order is fully
enforceable in any jurisdiction in the state. [1996 c 248 § 8;
1991 c 301 § 5; 1985 c 303 § 12; 1984 c 263 § 24; 1979
ex.s. c 105 § 5.]
Finding -1991 c 301: See note following RCW 10.99.020.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
10.99.055 Enforcement of orders. A peace officer in
this state shall enforce an order issued by any court in this
state restricting a defendant's ability to have contact with a
victim by arresting and taking the defendant into custody,
pending release on bail, personal recognizance, or court
order, when the officer has probable cause to believe that the
defendant has violated the terms of that order. [1984 c 263
§ 25; 1983 c 232 § 9; 1981 c 145 § 8.]
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability -1983 c 232: See note following RCW 9.41.010.
10.99.060 Notification of victim of prosecution
decision—Description of criminal procedures available.
The public attorney responsible for making the decision
whether or not to prosecute shall advise the victim of that
[Title 10 RCW—page 77]
10.99.060 Title 10 RCW: Criminal Procedure
decision within five 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 that jurisdiction to initiate a
criminal proceeding. [1979 ex.s. c 105 § 6.]
10.99.070 Liability of peace officers. 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 alleged incident of domestic
violence brought by any party to the incident. [1979 ex.s. c
105 § 7.]
10.99.900 Severability -1979 ex.s. c 105. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstanc-
es is not affected. [1979 ex.s. c 105 § 9.]
Chapter 10.101
INDIGENT DEFENSE SERVICES
Sections
10.101.005 Legislative finding.
10.101.010 Definitions.
10.101.020 Determination of indigency—Provisional appointment—
Promissory note.
10.101.030 Standards for public defense services.
10.101.040 Selection of defense attorneys.
10.101.005 Legislative finding. The legislature finds
that effective legal representation should be provided for
indigent persons and persons who are indigent and able to
contribute, consistent with the constitutional requirements of
fairness, equal protection, and due process in all cases where
the right to counsel attaches. [ 1989 c 409 § 1.]
10.101.010 Definitions. The following definitions
shall be applied in connection with this chapter:
(1) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public
assistance: Aid to families with dependent children, general
assistance, poverty -related veterans' benefits, food stamps,
refugee resettlement benefits, medicaid, or supplemental
security income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one
hundred twenty-five percent or less of the current federally
established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(2) "Indigent and able to contribute" means a person
who, at any stage of a court proceeding, is unable to pay the
anticipated cost of counsel for the matter before the court
because his or her available funds are less than the antic -
[Title 10 RCW—page 78]
ipated cost of counsel but sufficient for the person to pay a
portion of that cost.
(3) "Anticipated cost of counsel" means the cost of
retaining private counsel for representation on the matter
before the court.
(4) "Available funds" means liquid assets and disposable
net monthly income calculated after provision is made for
bail obligations. For the purpose of determining available
funds, the following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank
accounts, stocks, bonds, certificates of deposit, equity in real
estate, and equity in motor vehicles. A motor vehicle
necessary to maintain employment and having a market
value not greater than three thousand dollars shall not be
considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends,
and other earnings which are reportable for federal income
tax purposes, and cash payments such as reimbursements
received from pensions, annuities, social security, and public
assistance programs. It includes any contribution received
from any family member or other person who is domiciled
in the same residence as the defendant and who is helping to
defray the defendant's basic living costs.
(c) "Disposable net monthly income" means the income
remaining each month after deducting federal, state, or local
income taxes, social security taxes, contributory retirement,
union dues, and basic living costs.
(d) "Basic living costs" means the average monthly
amount spent by the defendant for reasonable payments
toward living costs, such as shelter, food, utilities, health
care, transportation, clothing, loan payments, support
payments, and court -imposed obligations. [1989 c 409 § 2.]
10.101.020 Determination of indigency—Provisional
appointment—Promissory note. (1) A determination of
indigency shall be made for all persons wishing the appoint-
ment of counsel in criminal, juvenile, involuntary commit-
ment, and dependency cases, and any other case where the
right to counsel attaches. The court or its designee shall
determine whether the person is indigent pursuant to the
standards set forth in this chapter.
(2) In making the determination of indigency, the court
shall also consider the anticipated length and complexity of
the proceedings and the usual and customary charges of an
attorney in the community for rendering services, and any
other circumstances presented to the court which are relevant
to the issue of indigency. The appointment of counsel shall
not be denied to the person because the person's friends or
relatives, other than a spouse who was not the victim of any
offense or offenses allegedly committed by the person, have
resources adequate to retain counsel, or because the person
has posted or is capable of posting bond.
(3) The determination of indigency shall be made upon
the defendant's initial contact with the court or at the earliest
time circumstances permit. The court or its designee shall
keep a written record of the determination of indigency.
Any information given by the accused under this section or
sections shall be confidential and shall not be available for
use by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made
before the time when the first services are to be rendered,
(1996 Ed.)
Abuse of Children and Adult Dependent Persons 26.44.160
parents to appropriate treatment and services available within
the community. If the parents refuse to accept or fail to
obtain appropriate treatment or services under circumstances
that indicate that the refusal or failure is child abuse or
neglect, as defined in this chapter, the department may
pursue a dependency action as provided in chapter 13.34
RCW.
(4) Nothing in this section shall affect the responsibility
of a law enforcement agency to report incidents of abuse or
neglect as required in RCW 26.44.030(5). [1993 c 402 § 2.]
26.44.900 Severability -1975 1st ex.s. c 217. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [ 1975 1st ex.s. c 217 §
10.]
Chapter 26.50
DOMESTIC VIOLENCE PREVENTION
Sections
26.50.010 Definitions.
26.50.020 Commencement of action—Jurisdiction—Venue.
26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26
RCW—Enforcement--Consolidation.
26.50.030 Petition for an order for protection—Availability of forms
and informational brochures—Bond not required.
26.50.035 Development of instructions, informational brochures, forms,
and handbook by the administrator for the courts—
Community resource list—Distribution of master copy.
26.50.040 Fees not permitted—Filing, service of process, certified
copies.
26.50.050 Hearing—Service—Time.
26.50.055 Appointment of interpreter.
26.50.060 Relief—Duration—Realignment of designation of parties—
Award of costs, service fees, and attorneys' fees.
26.50.070 Ex parte temporary order for protection.
26.50.080 Issuance of order—Assistance of peace officer—Designation
of appropriate law enforcement agency
26.50.085 Hearing reset after ex parte order—Service by publication—
Circumstances.
26.50.090 Order—Service—Fees.
26.50.095 Order following service by publication.
26.50.100 Order—Transmittal to law enforcement agency—Record in
law enforcement information system—Enforceability.
26.50.110 Violation of order—Penalties.
26.50.115 Enforcement of ex parte order—Knowledge of order prereq-
uisite to penalties—Reasonable efforts to serve copy of
order.
26.50.120 Violation of order—Prosecuting attorney or attorney for
municipality may be requested to assist—Costs and
attorney's fee.
26.50.123 Service by mail.
26.50.125 Service by publication or mailing—Costs.
26.50.130 Order—Modification—Transmittal.
26.50.135 Residential placement or custody of a child—Prerequisite.
26.50.140 Peace officers—Immunity.
26.50.150 Domestic violence perpetrator programs.
26.50.160 Judicial information system—Data base.
26.50.200 Title to real estate—Effect.
26.50.210 Proceedings additional.
26.50.220 Parenting plan—Designation of parent for other state and
federal purposes.
26.50.900 Short title.
26.50.901 Effective date -1984 c 263.
26.50.902 Severability -1984 c 263.
26.50.903 Severability -1992 c 111.
(1996 Ed.)
Abuse of children and adult dependent or developmentally disabled persons:
Chapter 26.44 RCW.
Arrest without warrant: RCW 10.31 100(2).
Dissolution of marriage: Chapter 26.09 RCW.
Domestic violence, official response: Chapter 10.99 RCW.
Nonparental actions for child custody Chapter 26.10 RCW.
Shelters for victims of domestic violence. Chapter 70.123 RCW.
26.50.010 Definitions. As used in this chapter, the
following terms shall have the meanings given them:
(1) "Domestic violence" means: (a) Physical harm,
bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury or assault, between family or
household members; (b) sexual assault of one family or
household member by another; or (c) stalking as defined in
RCW 9A.46.110 of one family or household member by an-
other family or household member.
(2) "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 respondent 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 grandchil-
dren.
(3) "Dating relationship" means a social relationship of
a romantic nature. Factors that the court may consider in
making this determination include: (a) The length of time
the relationship has existed; (b) the nature of the relation-
ship; and (c) the frequency of interaction between the
parties.
(4) "Court" includes the superior, district, and municipal
courts of the state of Washington.
(5) "Judicial day" does not include Saturdays, Sundays,
or legal holidays.
(6) "Electronic monitoring" means a program in which
a person's presence at a particular location is monitored from
a remote location by use of electronic equipment.
(7) "Essential personal effects" means those items
necessary for a person's immediate health, welfare, and
livelihood. "Essential personal effects" includes but is not
limited to clothing, cribs, bedding, documents, medications,
and personal hygiene items. [1995 c 246 § 1. Prior: 1992
c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8; 1984 c 263 § 2.]
Severability -1995 c 246: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 246 § 40.]
Findings -1992 c 111: See note following RCW 26.50.030.
Finding -1991 c 301: See note following RCW 10.99.020.
Domestic violence offenses defined. RCW 10.99.020.
26.50.020 Commencement of action—Jurisdiction—
Venue. (1) Any person may seek relief under this chapter
by filing a petition with a court alleging that the person has
been the victim of domestic violence committed by the
[Title 26 RCW—page 109]
26.50.020 Title 26 RCW: Domestic Relations
respondent. The person may petition for relief on behalf of
himself or herself and on behalf of minor family or house-
hold members.
(2) A person under eighteen years of age who is sixteen
years of age or older may seek relief under this chapter and
is not required to seek relief by a guardian or next friend.
(3) No guardian or guardian ad litem need be appointed
on behalf of a respondent to an action under this chapter
who is under eighteen years of age if such respondent is
sixteen years of age or older.
(4) The court may, if it deems necessary, appoint a
guardian ad litem for a petitioner or respondent who is a
party to an action under this chapter.
(5) The courts defined in *RCW 26.50.010(3) have
jurisdiction over proceedings under this chapter. The
jurisdiction of district and municipal courts under this
chapter shall be limited to enforcement of RCW
26.50.110(1), or the equivalent municipal ordinance, and the
issuance and enforcement of temporary orders for protection
provided for in RCW 26.50.070 if: (a) A superior court has
exercised or is exercising jurisdiction over a proceeding
under this title or chapter 13.34 RCW involving the parties;
(b) the petition for relief under this chapter presents issues
of residential schedule of and contact with children of the
parties; or (c) the petition for relief under this chapter
requests the court to exclude a party from the dwelling
which the parties share. When the jurisdiction of a district
or municipal court is limited to the issuance and enforcement
of a temporary order, the district or municipal court shall set
the full hearing provided for in RCW 26.50.050 in superior
court and transfer the case. If the notice and order are not
served on the respondent in time for the full hearing, the
issuing court shall have concurrent jurisdiction with the
superior court to extend the order for protection.
(6) An action under this chapter shall be filed in the
county or the municipality where the petitioner resides,
unless the petitioner has left the residence or household to
avoid abuse. In that case, the petitioner may bring an action
in the county or municipality of the previous or the new
household or residence.
(7) A person's right to petition for relief under this
chapter is not affected by the person leaving the residence or
household to avoid abuse. [ 1992 c 111 § 8; 1989 c 375 §
28; 1987 c 71 § 1; 1985 c 303 § 1; 1984 c 263 § 3.]
*Reviser's note: RCW 26.50.010(3) was renumbered as RCW
26.50.010(4) by 1992 c 111 § 7.
Findings -1992 c 111: See note following RCW 26.50.030.
Severability -1989 c 375: See RCW 26.09.914.
Effective date -1985 c 303 §§ 1, 2: "Sections 1 and 2 of this act
shall take effect September 1, 1985." [1985 c 303 § 15.]
26.50.025 Orders under this chapter and chapter
26.09, 26.10, or 26.26 RCW—Enforcement—
Consolidation. (1) Any order available under this chapter
may be issued in actions under chapter 26.09, 26.10, or
26.26 RCW. If an order for protection is issued in an action
under chapter 26.09, 26.10, or 26.26 RCW, the order shall
be issued on the forms mandated by RCW 26.50.035(1). An
order issued in accordance with this subsection is fully
enforceable and shall be enforced under the provisions of
this chapter.
[Title 26 RCW—page 110]
(2) If a party files an action under chapter 26.09, 26.10,
or 26.26 RCW, an order issued previously under this chapter
between the same parties may be consolidated by the court
under that action and cause number. Any order issued under
this chapter after consolidation shall contain the original
cause number and the cause number of the action under
chapter 26.09, 26.10, or 26.26 RCW. Relief under this
chapter shall not be denied or delayed on the grounds that
the relief is available in another action. [1995 c 246 § 2.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.030 Petition for an order for protection—
Availability of forms and informational brochures—Bond
not required. There shall exist an action known as a
petition for an order for protection in cases of domestic
violence.
(1) A petition for relief shall allege the existence of do-
mestic violence, and shall be accompanied by an affidavit
made under oath stating the specific facts and circumstances
from which relief is sought. Petitioner and respondent shall
disclose the existence of any other litigation concerning the
custody or residential placement of a child of the parties as
set forth in RCW 26.27.090 and the existence of any other
restraining, protection, or no -contact orders between the
parties.
(2) A petition for relief may be made regardless of
whether or not there is a pending lawsuit, complaint,
petition, or other action between the parties except in cases
where the court realigns petitioner and respondent in accor-
dance with RCW 26.50.060(4).
(3) Within ninety days of receipt of the master copy
from the administrator for the courts, all court clerk's offices
shall make available the standardized forms, instructions, and
informational brochures required by RCW 26.50.035 and
shall fill in and keep current specific program names and
telephone numbers for community resources. Any assistance
or information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible
for incorrect information contained in a petition.
(4) No filing fee may be charged for proceedings under
this section. Forms and instructional brochures shall be
provided free of charge.
(5) A person is not required to post a bond to obtain
relief in any proceeding under this section. [1996 c 248 §
12; 1995 c 246 § 3; 1992 c 111 § 2; 1985 c 303 § 2; 1984
c 263 § 4.]
Severability -1995 c 246: See note following RCW 26.50.010.
Findings -1992 c 111: "The legislature finds that:
Domestic violence is a problem of immense proportions affecting
individuals as well as communities. Domestic violence has long been
recognized as being at the core of other major social problems: Child
abuse, other crimes of violence against person or property, juvenile
delinquency, and alcohol and drug abuse. Domestic violence costs millions
of dollars each year in the state of Washington for health care, absence from
work, services to children, and more. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific
problems in its use have become evident. Victims have difficulty complet-
ing the paperwork required particularly if they have limited English
proficiency; model forms have been modified to be inconsistent with
statutory Language; different forms create confusion for law enforcement
agencies about the contents and enforceability of orders. Refinements are
needed so that victims have the easy, quick, and effective access to the
(1996 Ed.)
Domestic Violence Prevention 26.50.030
court system envisioned at the time the protection order process was first
created.
When courts issue mutual protection orders without the filing of
separate written petitions, notice to each respondent, and hearing on each
petition, the original petitioner is deprived of due process. Mutual
protection orders label both parties as violent and treat both as being equally
at fault: Batterers conclude that the violence is excusable or provoked and
victims who are not violent are confused and stigmatized. Enforcement may
be ineffective and mutual orders may be used in other proceedings as
evidence that the victim is equally at fault.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies; without this information, it is difficult for
policymakers, funders, and service providers to plan for the resources and
services needed to address the issue.
Domestic violence must be addressed more widely and more
effectively in our state: Greater knowledge by professionals who deal
frequently with domestic violence is essential to enforce existing laws, to
intervene in domestic violence situations that do not come to the attention
of the law enforcement or judicial systems, and to reduce and prevent
domestic violence by intervening before the violence becomes severe.
Adolescent dating violence is occurring at increasingly high rates:
Preventing and confronting adolescent violence is important in preventing
potential violence in future adult relationships." [1992 c 111 § 1.]
Effective date -1985 c 303 §§ 1, 2: See note following RCW
26.50.020.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.035 Development of instructions, information-
al brochures, forms, and handbook by the administrator
for the courts—Community resource list—Distribution of
master copy. (1) By July 1, 1994, the administrator for the
courts shall develop and prepare instructions and informa-
tional brochures required under RCW 26.50.030(4), standard
petition and order for protection forms, and a court staff
handbook on. domestic violence and the protection order
process. The standard petition and order for protection
forms must be used after September 1, 1994, for all petitions
filed and orders issued under this chapter. The instructions,
brochures, forms, and handbook shall be prepared in con-
sultation with interested persons, including a representative
of the state domestic violence coalition, judges, and law
enforcement personnel.
(a) The instructions shall be designed to assist petition-
ers in completing the petition, and shall include a sample of
standard petition and order for protection forms.
(b) The informational brochure shall describe the use of
and the process for obtaining a protection order, a no -contact
order as provided by RCW 10.99.040, a restraining order as
provided by RCW 26.09.060, and an antiharassment protec-
tion order as provided by chapter 10.14 RCW.
(c) The order for protection form shall include, in a
conspicuous location, notice of criminal penalties resulting
from violation of the order, and the following statement:
"You can be arrested even if the person or persons who
obtained the order invite or allow you to violate the order's
prohibitions. The respondent has the sole responsibility to
avoid or refrain from violating the order's provisions. Only
the court can change the order upon written application."
(d) The court staff handbook shall allow for the addition
of a community resource list by the court clerk.
(2) All court clerks shall obtain a community resource
list from a domestic violence program, defined in RCW
70.123.020, serving the county in which the court is located.
(1996 Ed.)
The community resource list shall include the names and
telephone numbers of domestic violence programs serving
the community in which the court is located, including law
enforcement agencies, domestic violence agencies, sexual
assault agencies, legal assistance programs, interpreters,
multicultural programs, and batterers' treatment programs.
The court shall make the community resource list available
as part of or in addition to the informational brochures
described in subsection (1) of this section.
(3) The administrator for the courts shall distribute a
master copy of the petition and order forms, instructions, and
informational brochures to all court clerks and shall distrib-
ute a master copy of the petition and order forms to all
superior, district, and municipal courts.
(4) For purposes of this section, "court clerks" means
court administrators in courts of limited jurisdiction and
elected court clerks.
(5) The administrator for the courts shall determine the
significant non -English-speaking or limited English-speaking
populations in the state. The administrator shall then arrange
for translation of the instructions and informational brochures
required by this section, which shall contain a sample of the
standard petition and order .for protection forms, into the
languages spoken by those significant non -English-speaking
populations and shall distribute a master copy of the translat-
ed instructions and informational brochures to all court
clerks by January 1, 1997.
(6) The administrator for the courts shall update the
instructions, brochures, standard petition and order for
protection forms, and court staff handbook when changes in
the law make an update necessary. [1995 c 246 § 4; 1993
c 350 § 2; 1985 c 303 § 3; 1984 c 263 § 31.] _.
Severability -1995 c 246: See note following RCW 26.50.010.
Findings -1993 c 350: "The legislature finds that domestic violence
is a problem of immense proportions affecting individuals as well as
communities. Domestic violence has long been recognized as being at the
core of other major social problems including child abuse, crimes of
violence against person or property, juvenile delinquency, and alcohol and
drug abuse. Domestic violence costs include the loss of lives as well as
millions of dollars each year in the state of Washington for health care,
absence from work, and services to children. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific
problems in its use have become evident. Victims have difficulty complet-
ing the paperwork required, model forms have been modified to be
inconsistent with statutory language; different forms create confusion for
law enforcement agencies about the contents and enforceability of orders.
Refinements are needed so that victims have the easy, quick, and effective
access to the court system envisioned at the time the protection order
process was first created.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies. Without this information, it is difficult for
policymakers, funders, and service providers to plan for the resources and
services needed to address the issue." [1993 c 350 § 1.]
Severability -1993 c 350: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 350 § 9 1
26.50.040 Fees not permitted—Filing, service of
process, certified copies. No fees for filing or service of
process may be charged by a public agency to petitioners
seeking relief under this chapter. Petitioners shall be
provided the necessary number of certified copies at no cost.
[1995 c 246 § 5; 1985 c 303 § 4; 1984 c 263 § 5.]
[Title 26 RCW—page 111]
26.50.040 Title 26 RCW:
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.050 Hearing—Service—Time. Upon receipt of
the petition, the court shall order a hearing which shall be
held not later than fourteen days from the date of the order.
The court may schedule a hearing by telephone pursuant to
local court rule, to reasonably accommodate a disability, or
in exceptional circumstances to protect a petitioner from
further acts of domestic violence. The court shall require
assurances of the petitioner's identity before conducting a
telephonic hearing. Except as provided in RCW 26.50.085
and 26.50.123, personal service shall be made upon the
respondent not less than five court days prior to the hearing.
If timely personal service cannot be made, the court shall set
a new hearing date and shall either require additional
attempts at obtaining personal service or permit service by
publication as provided in RCW 26.50.085 or service by
mail as provided in RCW 26.50.123. If the court permits
service by publication or by mail, the court shall set the
hearing date not later than twenty-four days from the date of
the order. The court may issue an ex parte order for
protection pending the hearing as provided in RCW
26.50.070, 26.50.085, and 26.50.123. [1995 c 246 § 6; 1992
c 143 § 1; 1984 c 263 § 6.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.055 Appointment of interpreter. (1) Pursuant
to chapter 2.42 RCW, an interpreter shall be appointed for
any party who, because of a hearing or speech impairment,
cannot readily understand or communicate in spoken
language.
(2) Pursuant to chapter 2.43 RCW, an interpreter shall
be appointed for any party who cannot readily speak or
understand the English language.
(3) The interpreter shall translate or interpret for the
party in preparing forms, participating in the hearing and
court-ordered assessments, and translating any orders. [1995
c246§ 11.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.060 Relief—Duration—Realignment of
designation of parties—Award of costs, service fees, and
attorneys' fees. (1) Upon notice and after hearing, the court
may provide relief as follows:
(a) Restrain the respondent from committing acts of
domestic violence;
(b) Exclude the respondent from the dwelling which the
parties share, from the residence, workplace, or school of the
petitioner, or from the day care or school of a child;
(c) On the same basis as is provided in chapter 26.09
RCW, the court shall make residential provision with regard
to minor children of the parties. However, parenting plans
as specified in chapter 26.09 RCW shall not be required
under this chapter;
(d) Order the respondent to participate in batterers'
treatment;
(e) Order other relief as it deems necessary for the
protection of the petitioner and other family or household
members sought to be protected, including orders or direc-
tives to a peace officer, as allowed under this chapter;
[Title 26 RCW—page 112]
Domestic Relations
(f) Require the respondent to pay the administrative
court costs and service fees, as established by the county or
municipality incurring the expense and to reimburse the
petitioner for costs incurred in bringing the action, including
a reasonable attorney's fee;
(g) Restrain the respondent from having any contact
with the victim of domestic violence or the victim's children
or members of the victim's household;
(h) Require the respondent to submit to electronic
monitoring. The order shall specify who shall provide the
electronic monitoring services and the terms under which the
monitoring must be performed. The order also may include
a requirement that the respondent pay the costs of the
monitoring. The court shall consider the ability of the
respondent to pay for electronic monitoring;
(i) Consider the provisions of RCW 9.41.800;
(j) Order possession and use of essential personal
effects. The court shall list the essential personal effects
with sufficient specificity to make it clear which property is
included; and
(k) Order use of a vehicle.
(2) If a restraining order restrains the respondent from
contacting the respondent's minor children the restraint shall
be for a fixed period not to exceed one year. This limitation
is not applicable to orders for protection issued under chapter
26.09, 26.10, or 26.26 RCW. With regard to other relief, if
the petitioner has petitioned for relief on his or her own
behalf or on behalf of the petitioner's family or household
members or minor children, and the court finds that the
respondent is likely to resume acts of domestic violence
against the petitioner or the petitioner's family or household
members or minor children when the order expires, the court
may either grant relief for a fixed period or enter a perma-
nent order of protection.
If the petitioner has petitioned for relief on behalf of the
respondent's minor children, the court shall advise the
petitioner that if the petitioner wants to continue protection
for a period beyond one year the petitioner may either
petition for renewal pursuant to the provisions of this chapter
or may seek relief pursuant to the provisions of chapter
26.09 or 26.26 RCW.
(3) If the court grants an order for a fixed time period,
the petitioner may apply for renewal of the order by filing a
petition for renewal at any time within the three months
before the order expires. The petition for renewal shall state
the reasons why the petitioner seeks to renew the protection
order. Upon receipt of the petition for renewal the court
shall order a hearing which shall be not later than fourteen
days from the date of the order. Except as provided in
RCW 26.50.085, personal service shall be made on the
respondent not less than five days before the hearing. If
timely service cannot be made the court shall set a new
hearing date and shall either require additional attempts at
obtaining personal service or permit service by publication
as provided in RCW 26.50.085 or by mail as provided in
RCW 26.50.123. If the court permits service by publication
or mail, the court shall set the new hearing date not later
than twenty-four days from the date of the order. If the
order expires because timely service cannot be made the
court shall grant an ex parte order of protection as provided
in RCW 26.50.070. The court shall grant the petition for
renewal unless the respondent proves by a preponderance of
(1996 Ed.)
Domestic Violence Prevention 26.50.060
the evidence that the respondent will not resume acts of
domestic violence against the petitioner or the petitioner's
children or family or household members when the order
expires. The court may renew the protection order for
another fixed time period or may enter a permanent order as
provided in this section. The court may award court costs,
service fees, and reasonable attorneys' fees as provided in
subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may
realign the designation of the parties as "petitioner" and
"respondent" where the court finds that the original petitioner
is the abuser and the original respondent is the victim of
domestic violence and may issue an ex parte temporary order
for protection in accordance with RCW 26.50.070 on behalf
of the victim until the victim is able to prepare a petition for
an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section,
no order for protection shall grant relief to any party except
upon notice to the respondent and hearing pursuant to a
petition or counter -petition filed and served by the party
seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order
expires if any. The court order shall also state whether the
court issued the protection order following personal service,
service by publication, or service by mail and whether the
court has approved service by publication or mail of an order
issued under this section.
(7) If the court declines to issue an order for protection
or declines to renew an order for protection, the court shall
state in writing on the order the particular reasons for the
court's denial. [1996 c 248 § 13; 1995 c 246 § 7; 1994 sp.s.
c 7 § 457. Prior: 1992 c 143 § 2; 1992 c 111 § 4; 1992 c
86 § 4; 1989 c 411 § 1; 1987 c 460 § 55; 1985 c 303 § 5;
1984 c 263 § 7.]
Severability -1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability-1994 sps. c 7: See notes following
RCW 43.70.540.
Effective date -1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Findings -1992 c 111: See note following RCW 26.50.030.
Short title—Section captions—Effective date—Severability-1987
c 460: See RCW 26.09.910 through 26.09.913.
26.50.070 Ex parte temporary order for protection.
(1) Where an application under this section alleges that
irreparable injury could result from domestic violence if an
order is not issued immediately without prior notice to the
respondent, the court may grant an ex parte temporary order
for protection, pending a full hearing, and grant relief as the
court deems proper, including an order:
(a) Restraining any party from committing acts of
domestic violence;
(b) Restraining any party from going onto the grounds
of or entering the dwelling that the parties share, from the
residence, workplace, or school of the other, or from the day
care or school of a child until further order of the court;
(c) Restraining any party from interfering with the
other's custody of the minor children or from removing the
children from the jurisdiction of the court;
(d) Restraining any party from having any contact with
the victim of domestic violence or the victim's children or
members of the victim's household; and
(1996 Ed.)
(e) Considering the provisions of RCW 9.41.800.
(2) Irreparable injury under this section includes but is
not limited to situations in which the respondent has recently
threatened petitioner with bodily injury or has engaged in
acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or
by telephone on the day the petition is filed or on the
following judicial day.
(4) An ex parte temporary order for protection shall be
effective for a fixed period not to exceed fourteen days or
twenty-four days if the court has permitted service by
publication under RCW 26.50.085 or by mail under RCW
26.50.123. The ex parte order may be reissued. A full
hearing, as provided in this chapter, shall be set for not later
than fourteen days from the issuance of the temporary order
or not later than twenty-four days if service by publication
or by mail is permitted. Except as provided in RCW
26.50.050, 26.50.085, and 26.50.123, the respondent shall be
personally served with a copy of the ex parte order along
with a copy of the petition and notice of the date set for the
hearing.
(5) Any order issued under this section shall contain the
date and time of issuance and the expiration date and shall
be entered into a state-wide judicial information system by
the clerk of the court within one judicial day after issuance.
(6) If the court declines to issue an ex parte temporary
order for protection the court shall state the particular
reasons for the court's denial. The court's denial of a
motion for an ex parte order of protection shall be filed with
the court. [1996 c 248 § 14; 1995 c 246 § 8; 1994 sp.s. c
7 § 458; 1992 c 143 § 3; 1989 c 411 § 2; 1984 c 263 § 8.]
Severability -1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability-1994 sps. c 7: See notes following
RCW 43.70.540.
Effective date -1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Child abuse, temporary restraining order. RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.080 Issuance of order—Assistance of peace
officer—Designation of appropriate law enforcement
agency. (1) When an order is issued under this chapter
upon request of the petitioner, the court may order a peace
officer to accompany the petitioner and assist in placing the
petitioner in possession of those items indicated in the order
or to otherwise assist in the execution of the order of pro-
tection. The order shall list all items that are to be included
with sufficient specificity to make it clear which property is
included. Orders issued under this chapter shall include a
designation of the appropriate law enforcement agency to
execute, serve, or enforce the order.
(2) Upon order of a court, a peace officer shall accom-
pany the petitioner in an order of protection and assist in
placing the petitioner in possession of all items listed in the
order and to otherwise assist in the execution of the order.
[1995 c 246 § 9; 1984 c 263 § 9.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.085 Hearing reset after ex parte order—
Service by publication—Circumstances. (1) If the
[Title 26 RCW—page 113]
26.50.085 Title 26 RCW: Domestic Relations
respondent was not personally served with the petition,
notice of hearing, and ex parte order before the hearing, the
court shall reset the hearing for twenty-four days from the
date of entry of the order and may order service by publica-
tion instead of personal service under the following circum-
stances:
(a) The sheriff or municipal officer files an affidavit
stating that the officer was unable to complete personal
service upon the respondent. The affidavit must describe the
number and types of attempts the officer made to complete
service;
(b) The petitioner files an affidavit stating that the peti-
tioner believes that the respondent is hiding from the server
to avoid service. The petitioner's affidavit must state the
reasons for the belief that the petitioner [respondent] is
avoiding service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this
section, notice of hearing, and the ex parte order of protec-
tion in the post office, directed to the respondent at the
respondent's last known address, unless the server states that
the server does not know the respondent's address; and
(d) The court finds reasonable grounds exist to believe
that the respondent is concealing himself or herself to avoid
service, and that further attempts to personally serve the
respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of
protection not to exceed another twenty-four days from the
date of reissuing the ex parte protection order and order to
provide service by publication.
(3) The publication shall be made in a newspaper of
general circulation in the county where the petition was
brought and in the county of the Last known address of the
respondent once a week for three consecutive weeks. The
newspaper selected must be one of the three most widely
circulated papers in the county. The publication of summons
shall not be made until the court orders service by publica-
tion under this section. Service of the summons shall be
considered complete when the publication has been made for
three consecutive weeks. The summons must be signed by
the petitioner. The summons shall contain the date of the
first publication, and shall require the respondent upon whom
service by publication is desired, to appear and answer the
petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition
and a summary of the provisions under the ex parte order.
The summons shall be essentially in the following form:
In the court of the state of Washington for
the county of
, Petitioner
vs. No
, Respondent
The state of Washington to (respondent):
You are hereby summoned to appear on the .... day
of , 19..., at .... a.m./p.m., and respond to the
petition. If you fail to respond, an order of protection will
be issued against you pursuant to the provisions of the
domestic violence protection act, chapter 26.50 RCW, for a
minimum of one year from the date you are required to
appear. A temporary order of protection has been issued
[Title 26 RCW—page 114]
against you, restraining you from the following: (Insert a
brief statement of the provisions of the ex parte order). A
copy of the petition, notice of hearing, and ex parte order
has been filed with the clerk of this court.
Petitioner
[1992 c 143 § 4.]
26.50.090 Order—Service—Fees. (1) An order
issued under this chapter shall be personally served upon the
respondent, except as provided in subsections (6) and (8) of
this section.
(2) The sheriff of the county or the peace officers of the
municipality in which the respondent resides shall serve the
respondent personally unless the petitioner elects to have the
respondent served by a private party.
(3) If service by a sheriff or municipal peace officer is
to be used, the clerk of the court shall have a copy of any
order issued under this chapter forwarded on or before the
next judicial day to the appropriate law enforcement agency
specified in the order for service upon the respondent.
Service of an order issued under this chapter shall take
precedence over the service of other documents unless they
are of a similar emergency nature.
(4) If the sheriff or municipal peace officer cannot
complete service upon the respondent within ten days, the
sheriff or municipal peace officer shall notify the petitioner.
The petitioner shall provide information sufficient to permit
notification.
(5) Returns of service under this chapter shall be made
in accordance with the applicable court rules.
(6) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service is waived and proof of service of that
order is not necessary.
(7) Municipal police departments serving documents as
required under this chapter may collect from respondents
ordered to pay fees under RCW 26.50.060 the same fees for
service and mileage authorized by RCW 36.18.040 to be
collected by sheriffs.
(8) If the court previously entered an order allowing
service of the notice of hearing and temporary order of
protection by publication pursuant to RCW 26.50.085 or by
mail pursuant to RCW 26.50.123, the court may permit
service by publication or by mail of the order of protection
issued under RCW 26.50.060. Service by publication must
comply with the requirements of RCW 26.50.085 and service
by mail must comply with the requirements of RCW
26.50.123. The court order must state whether the court
permitted service by publication or by mail. [1995 c 246 §
10; 1992 c 143 § 6; 1985 c 303 § 6; 1984 c 263 § 10.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.095 Order following service by publication.
Following completion of service by publication as provided
in RCW 26.50.085 or by mail as provided in RCW
26.50.123, if the respondent fails to appear at the hearing,
the court may issue an order of protection as provided in
RCW 26.50.060. That order must be served pursuant to
RCW 26.50.090, and forwarded to the appropriate law
(1996 Ed.)
Domestic Violence Prevention 26.50.095
enforcement agency pursuant to RCW 26.50.100. [1995 c
246 § 12; 1992 c 143 § 5.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.100 Order—Transmittal to law enforcement
agency—Record in law enforcement information sys-
tem—Enforceability. (1) A copy of an order for protection
granted under this chapter shall be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency
shall forthwith enter the order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants. The order shall remain in the computer for the
period stated in the order. The law enforcement agency
shall only expunge from the computer-based criminal intelli-
gence information system orders that are expired, vacated, or
superseded. Entry into the law enforcement information
system constitutes notice to all law enforcement agencies of
the existence of the order. The order is fully enforceable in
any county in the state.
(2) The information entered into the computer-based
criminal intelligence information system shall include notice
to law enforcement whether the order was personally served,
served by publication, or served by mail. [1996 c 248 § 15;
1995 c 246 § 13; 1992 c 143 § 7; 1984 c 263 § 11.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.110 Violation of order—Penalties. (1)
Whenever an order for protection is granted under this
chapter and the 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 is a gross misdemeanor except as
provided in subsections (4) and (5) of this section. Upon
conviction, and in addition to any other penalties provided
by law, the court may require that the respondent submit to
electronic monitoring. The court shall specify who shall
provide the electronic monitoring services, and the terms
under which the monitoring shall be performed. The order
also may include a requirement that the respondent pay the
costs of the monitoring. The court shall consider the ability
of the convicted person to pay for electronic monitoring.
(2) A peace officer shall arrest without a warrant and
take into custody a person whom the peace officer has
probable cause to believe has violated an order issued under
this chapter that restrains the person or excludes the person
from a residence, workplace, school, or day care, 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.
(3) A violation of an order for protection shall also
constitute contempt of court, and is subject to the penalties
prescribed by law.
(4) Any assault that is a violation of an order issued
under this chapter and 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 a
protective order issued under this chapter that is reckless and
(1996 Ed.)
creates a substantial risk of death or serious physical injury
to another person is a class C felony.
(5) A violation of a court order issued under this chapter
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 chapter 10.99 RCW, a domestic violence
protection order issued under chapter 26.09, 26.10, or 26.26
RCW or this chapter, or any federal or out-of-state order that
is comparable to a no -contact or protection order issued
under Washington law. The previous convictions may in-
volve the same victim or other victims specifically protected
by the no -contact orders or protection orders the offender
violated.
(6) Upon the filing of an affidavit by the petitioner or
any peace officer alleging that the respondent has violated an
order for protection granted under this chapter, the court may
issue an order to the respondent, requiring the respondent to
appear and show cause within fourteen days why the
respondent 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. [1996 c 248 § 16; 1995 c 246 § 14;
1992 c 86 § 5; 1991 c 301 § 6; 1984 c 263 § 12.]
Severability -1995 c 246: See note following RCW 26.50.010.
Finding -1991 c 301: See note following RCW 10.99.020.
26.50.115 Enforcement of ex parte order—
Knowledge of order prerequisite to penalties—
Reasonable efforts to serve copy of order. (1) When the
court issues an ex parte order pursuant to RCW 26.50.070 or
an order of protection pursuant to RCW 26.50.060, the court
shall advise the petitioner that the respondent may not be
subjected to the penalties set forth in RCW 26.50.110 for a
violation of the order unless the respondent knows of the
order.
(2) When a peace officer investigates a report of an
alleged violation of an order for protection issued under this
chapter the officer shall attempt to determine whether the
respondent knew of the existence of the protection order. If
the law enforcement officer determines that the respondent
did not or probably did not know about the protection order
and the officer is provided a current copy of the order, the
officer shall serve the order on the respondent if the respon-
dent is present. If the respondent is not present, the officer
shall make reasonable efforts to serve a copy of the order on
the respondent. If the officer serves the respondent with the
petitioner's copy of the order, the officer shall give petitioner
a receipt indicating that petitioner's copy has been served on
the respondent. After the officer has served the order on the
respondent, the officer shall enforce prospective compliance
with the order.
(3) Presentation of an unexpired, certified copy of a
protection order with proof of service is sufficient for a law
enforcement officer to enforce the order regardless of the
presence of the order in the law enforcement computer-based
criminal intelligence information system. [1996 c 248 § 17;
1995 c 246 § 15; 1992 c 143 § 8.]
Severability -1995 c 246: See note following RCW 26.50.010.
[Title 26 RCW—page 115]
26.50.120 Title 26 RCW: Domestic Relations
26.50.120 Violation of order—Prosecuting attorney
or attorney for municipality may be requested to assist—
Costs and attorney's fee. When a party alleging a violation
of an order for protection issued under this chapter states
that the party is unable to afford private counsel and asks the
prosecuting attorney for the county or the attorney for the
municipality in which the order was issued for assistance,
the attorney shall initiate and prosecute a contempt proceed-
ing if there is probable cause to believe that the violation
occurred. In this action, the court may require the violator
of the order to pay the costs incurred in bringing the action,
including a reasonable attorney's fee. [1984 c 263 § 13.]
26.50.123 Service by mail. (1) In circumstances
justifying service by publication under RCW 26.50.085(1),
if the serving party files an affidavit stating facts from which
the court determines that service by mail is just as likely to
give actual notice as service by publication and that the
serving party is unable to afford the cost of service by
publication, the court may order that service be made by
mail. Such service shall be made by any person over
eighteen years of age, who is competent to be a witness,
other than a party, by mailing copies of the order and other
process to the party to be served at his or her last known
address or any other address determined by the court to be
appropriate. Two copies shall be mailed, postage prepaid,
one by ordinary first class mail and the other by a form of
mail requiring a signed receipt showing when and to whom
it was delivered. The envelopes must bear the return address
of the sender.
(2) Proof of service under this section shall be consis-
tent with court rules for civil proceedings.
(3) Service under this section may be used in the same
manner and shall have the same jurisdictional effect as
service by publication for purposes of this chapter. Service
shall be deemed complete upon the mailing of two copies as
prescribed in this section. [1995 c 246 § 16.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.125 Service by publication or mailing—Costs.
The court may permit service by publication or by mail
under this chapter only if the petitioner pays the cost of
publication or mailing unless the county legislative authority
allocates funds for service of process by publication or by
mail for indigent petitioners. [1995 c 246 § 17; 1992 c 143
§ 9.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.130 Order—Modification—Transmittal.
Upon application with notice to all parties and after a
hearing, the court may modify the terms of an existing order
for protection. In any situation where an order is terminated
or modified before its expiration date, the clerk of the court
shall forward on or before the next judicial day a true copy
of the modified order or the termination order to the appro-
priate law enforcement agency specified in the modified or
termination order. Upon receipt of the order, the law
enforcement agency shall promptly enter it in the law
enforcement information system. [1984 c 263 § 14.]
[Title 26 RCW—page 116]
26.50.135 Residential placement or custody of a
child—Prerequisite. (1) Before granting an order under this
chapter directing residential placement of a child or restrain-
ing or limiting a party's contact with a child, the court shall
consult the judicial information system, if available, to
determine the pendency of other proceedings involving the
residential placement of any child of the parties for whom
residential placement has been requested.
(2) Jurisdictional issues regarding out-of-state proceed-
ings involving the custody or residential placement of any
child of the parties shall be governed by the uniform child
custody jurisdiction act, chapter 26.27 RCW. [1995 c 246
§ 19.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.140 Peace officers—Immunity. No peace
officer may be held criminally or civilly liable for making an
arrest under RCW 26.50.110 if the police officer acts in
good faith and without malice. [1984 c 263 § 17.]
26.50.150 Domestic violence perpetrator programs.
The department of social and health services shall adopt
rules for standards of approval of domestic violence per-
petrator programs that accept perpetrators of domestic
violence into treatment to satisfy court orders or that
represent the programs as ones that treat domestic violence
perpetrators. The treatment must meet the following
minimum qualifications:
(1) All treatment must be based upon a full, complete
clinical intake including: Current and past violence history;
a lethality risk assessment; a complete diagnostic evaluation;
a substance abuse assessment; criminal history; assessment
of cultural issues, learning disabilities, literacy, and special
language needs; and a treatment plan that adequately and
appropriately addresses the treatment needs of the individual.
(2) To facilitate communication necessary for periodic
safety checks and case monitoring, the program must require
the perpetrator to sign the following releases:
(a) A release for the program to inform the victim and
victim's community and legal advocates that the perpetrator
is in treatment with the program, and to provide information,
for safety purposes, to the victim and victim's community
and legal advocates;
(b) A release to prior and current treatment agencies to
provide information on the perpetrator to the program; and
(c) A release for the program to provide information on
the perpetrator to relevant legal entities including: Lawyers,
courts, parole, probation, child protective services, and child
welfare services.
(3) Treatment must be for a minimum treatment period
defined by the secretary of the department by rule. The
weekly treatment sessions must be in a group unless there is
a documented, clinical reason for another modality. Any
other therapies, such as individual, marital, or family
therapy, substance abuse evaluations or therapy, medication
reviews, or psychiatric interviews, may be concomitant with
the weekly group treatment sessions described in this section
but not a substitute for it.
(4) The treatment must focus primarily on ending the
violence, holding the perpetrator accountable for his or her
violence, and changing his or her behavior. The treatment
(1996 Ed.)
Domestic Violence Prevention 26.50.150
must be based on nonvictim-blaming strategies and philoso-
phies and shall include education about the individual,
family, and cultural dynamics of domestic violence.
(5) Satisfactory completion of treatment must be
contingent upon the perpetrator meeting specific criteria,
defined by rule by the secretary of the department, and not
just upon the end of a certain period of time or a certain
number of sessions.
(6) The program must have policies and procedures for
dealing with reoffenses and noncompliance.
(7) All evaluation and treatment services must be
provided by, or under the supervision of, qualified personnel.
(8) The secretary of the department may adopt rules and
establish fees as necessary to implement this section. [1991
c 301 § 7.]
Finding -1991 c 301: See note following RCW 10.99.020.
26.50.160 Judicial information system—Data base.
To prevent the issuance of competing protection orders in
different courts and to give courts needed information for
issuance of orders, the judicial information system shall be
available in each district, municipal, and superior court by
July 1, 1997, and shall include a data base containing the
following information:
(1) The names of the parties and the cause number for
every order of protection issued under this title, every
criminal no -contact order issued under chapter 10.99 RCW,
every antiharassment order issued under chapter 10.14 RCW,
every dissolution action under chapter 26.09 RCW, every
third -party custody action under chapter 26.10 RCW, and
every parentage action under chapter 26.10 RCW;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts
in issuing orders under this chapter as determined by the
judicial information system committee. [1995 c 246 § 18.]
Severability -1995 c 246: See note following RCW 26.50.010.
26.50.200 Title to real estate—Effect. Nothing in
this chapter may affect the title to real estate: PROVIDED,
That a judgment for costs or fees awarded under this chapter
shall constitute a lien on real estate to the extent provided in
chapter 4.56 RCW. [1985 c 303 § 7; 1984 c 263 § 15.]
26.50.210 Proceedings additional. Any proceeding
under *this act is in addition to other civil or criminal
remedies. [1984 c 263 § 161
*Reviser's note: For translation of "this act" [1984 c 263] see
Codification Tables, Volume 0.
26.50.220 Parenting plan—Designation of parent
for other state and federal purposes. Solely for the
purposes of all other state and federal statutes which require
a designation or determination of custody, a parenting plan
shall designate the parent with whom the child is scheduled
to reside a majority of the time as the custodian of the child.
However, this designation shall not affect either parent's
rights and responsibilities under the parenting plan. In the
absence of such a designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of
such federal and state statutes. [1989 c 375 § 26.]
(1996 Ed.)
Severability -1989 c 375: See RCW 26.09.914
26.50.900 Short title. This chapter may be cited as
the "Domestic Violence Prevention Act". [1984 c 263 § 1.]
26.50.901 Effective date -1984 c 263. Sections 1
through 29 of this act shall take effect on September 1,
1984. [1984 c 263 § 32.]
26.50.902 Severability -1984 c 263. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 263 § 33.]
26.50.903 Severability -1992 c 111. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 111 § 14.]
[Title 26 RCW—page 117]
Assault—Physical Harm 9A.36.100
(a) Assaults a full or part-time staff member or volun-
teer, any educational personnel, any personal service provid-
er, or any vendor or agent thereof at any juvenile corrections
institution or local juvenile detention facilities who was
performing official duties at the time of the assault;
(b) Assaults a full or part-time staff member or volun-
teer, any educational personnel, any personal service provid-
er, or any vendor or agent thereof at any adult corrections
institution or local adult detention facilities who was per-
forming official duties at the time of the assault;
(c)(i) Assaults a full or part-time community correction
officer while the officer is performing official duties; or
(ii) Assaults any other full or part-time employee who
is employed in a community corrections office while the
employee is performing official duties; or
(d) Assaults any volunteer who was assisting a person
described in (c) of this subsection at the time of the assault.
(2) Custodial assault is a class C felony. [1988 c 151
§ 1; 1987 c 188 § 1.]
Effective date -1987 c 1 "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [ 1987 c 188 § 3.]
9A.36.120 Assault of a child in the first degree. (1)
A person eighteen years of age or older is guilty of the
crime of assault of a child in the first degree if the child is
under the age of thirteen and the perLon:
(a) Commits the crime of assault in the first degree, as
defined in RCW 9A.36.011, against the child; or
(b) Intentionally assaults the child and either:
(i) Recklessly inflicts great bodily harm; or
(ii) Causes substantial bodily harm, and the person has
previously engaged in a pattern or practice either of (A)
assaulting the child which has resulted in bodily harm that
is greater than transient physical pain or minor temporary
marks, or (B) causing the child physical pain or agony that
is equivalent to that produced by torture.
(2) Assault of a child in the first degree is a class A
felony. [1992 c 145 § 1.]
9A.36.130 Assault of a child in the second degree.
(1) A person eighteen years of age or older is guilty of the
crime of assault of a child in the second degree if the child
is under the age of thirteen and the person:
(a) Commits the crime of assault in the second degree,
as defined in RCW 9A.36.021, against a child; or
(b) Intentionally assaults the child and causes bodily
harm that is greater than transient physical pain or minor
temporary marks, and the person has previously engaged in
a pattern or practice either of (i) assaulting the child which
has resulted in bodily harm that is greater than transient pain
or minor temporary marks, or (ii) causing the child physical
pain or agony that is equivalent to that produced by torture.
(2) Assault of a child in the second degree is a class B
felony. [1992 c 145 § 2.]
9A.36.140 Assault of a child in the third degree.
(1) A person eighteen years of age or older is guilty of the
crime of assault of a child in the third degree if the child is
under the age of thirteen and the person commits the crime
(1996 Ed.)
of assault in the third degree as defined in RCW
9A.36.031(1)(d) or (f) against the child.
(2) Assault of a child in the third degree is a class C
felony. [1992 c 145 § 3.]
A.36.150 Interfering with the reporting of domes-
tfc violence. (1) A person commits the crime of interfering
with the reporting of domestic violence if the person:
(a) Commits a crime of domestic violence, as defined in
RCW 10.99.020; and
(b) 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.
(2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
(3) Interference with the reporting of domestic violence
is a gross misdemeanor. [1996 c 248 § 3.]
Chapter 9A.40
KIDNAPPING, UNLAWFUL IMPRISONMENT, AND
CUSTODIAL INTERFERENCE
Sections
9A.40.010 Definitions.
9A.40.020 Kidnapping in the first degree.
9A.40.030 Kidnapping in the second degree.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference—Assessment of costs—Defense—
Consent defense, restricted.
9A.40.090 Luring.
9A.40.010 Definitions. The following definitions
apply in this chapter:
(1) "Restrain" means to restrict a person's movements
without consent and without legal authority in a manner
which interferes substantially with his liberty. Restraint is
"without consent" if it is accomplished by (a) physical force,
intimidation, or deception, or (b) any means including
acquiescence of the victim, if he is a child less than sixteen
years old or an incompetent person and if the parent,
guardian, or other person or institution having lawful control
or custody of him has not acquiesced.
(2) "Abduct" means to restrain a person by either (a)
secreting or holding him in a place where he is not likely to
be found, or (b) using or threatening to use deadly force;
(3) "Relative" means an ancestor, descendant, or sibling,
including a relative of the same degree through marriage or
adoption, or a spouse. [1975 1st ex.s. c 260 § 9A.40.010.1
9A.40.020 Kidnapping in the first degree. (1) A
person is guilty of kidnapping in the first degree if he
intentionally abducts another person with intent:
(a) To hold him for ransom or reward, or as a shield or
hostage; or
(b) To facilitate commission of any felony or flight
thereafter; or
(c) To inflict bodily injury on him; or
[Title 9A RCW—page 15]
26.09.260 Title 26 RCW: Domestic Relations
(ii) Does not exceed twenty-four full days in a calendar
year or five full days in a calendar month; or
(iii) Is based on a change of residence or an involuntary
change in work schedule by a parent which makes the
residential schedule in the parenting plan impractical to
follow.
(5) If the court finds that a motion to modify a prior
decree or parenting plan has been brought in bad faith, the
court shall assess the attorney's fees and court costs of the
nonmoving parent against the moving party. [1991 c 367 §
9. Prior: 1989 c 375 § 14; 1989 c 318 § 3; 1987 c 460 §
19; 1973 1st ex.s. c 157 § 26.]
Severability—Effective date—Captions not law -1991 c 367: See
notes following RCW 26.09.015
Severability -1989 c 318: See note following RCW 26.09 160.
26.09.270 Child custody—Temporary custody
order, temporary parenting plan, or modification of
custody decree—Affidavits required. A party seeking a
temporary custody order or a temporary parenting plan or
modification of a custody decree or parenting plan shall
submit together with his motion, an affidavit setting forth
facts supporting the requested order or modification and shall
give notice, together with a copy of his affidavit, to other
parties to the proceedings, who may file opposing affidavits.
The court shall deny the motion unless it finds that adequate
cause for hearing the motion is established by the affidavits,
in which case it shall set a date for hearing on an order to
show cause why the requested order or modification should
not be granted. [1989 c 375 § 15; 1973 1st ex.s. c 157 §
27.]
26.09.280 Parenting plan or child support modifica-
tion or enforcement—Venue. Every action or proceeding
to change, modify, or enforce any final order, judgment, or
decree entered in any dissolution or legal separation or
declaration concerning the validity of a marriage, whether
under this chapter or prior law, regarding the parenting plan
or child support for the minor children of the marriage may
be brought in the county where the minor children are then
residing, or in the court in which the final order, judgment,
or decree was entered, or in the county where the parent or
other person who has the care, custody, or control of the
children is then residing. [1991 c 367 § 10; 1987 c 460 §
20; 1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.]
Severability—Effective date—Captions not law -1991 c 367: See
notes following RCW 26.09.015.
26.09.285 Designation of custody for the purpose of
other state and federal statutes. Solely for the purposes of
all other state and federal statutes which require a designa-
tion or determination of custody, a parenting plan shall
designate the parent with whom the child is scheduled to
reside a majority of the time as the custodian of the child.
However, this designation shall not affect either parent's
rights and responsibilities under the parenting plan. In the
absence of such a designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of
such federal and state statutes. [1989 c 375 § 16; 1987 c
460 § 21.]
[Title 26 RCW—page 22]
26.09.290 Final decree of divorce nunc pro tune.
Whenever either of the parties in a divorce action is, under
the law, entitled to a final judgment, but by mistake, negli-
gence, or inadvertence the same has not been signed, filed,
or entered, if no appeal has been taken from the interlocuto-
ry order or motion for a new trial made, the court, on the
motion of either party thereto or upon its own motion, may
cause a final judgment to be signed, dated, filed, and entered
therein granting the divorce as of the date when the same
could have been given or made by the court if applied for.
The court may cause such final judgment to be signed,
dated, filed, and entered nunc pro tunc as aforesaid, even
though a final judgment may have been previously entered
where by mistake, negligence or inadvertence the same has
not been signed, filed, or entered as soon as such final
judgment, the parties to such action shall be deemed to have
been restored to the status of single persons as of the date
affixed to such judgment, and any marriage of either of such
parties subsequent to six months after the granting of the
interlocutory order as shown by the minutes of the court, and
after the final judgment could have been entered under the
law if applied for, shall be valid for all purposes as of the
date affixed to such final judgment, upon the filing thereof.
[1973 1st ex.s. c 157 § 29.]
26.09.300 Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers,
immunity. (1) Whenever a restraining order is issued under
this chapter, 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 restraining
the person from going onto the grounds of or entering the
residence, workplace, school, or day care of another is a
misdemeanor.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person's attorney
signed the order;
(b) The order recites that the person to be restrained or
the person's attorney appeared in person before the court;
(c) The order was served upon the person to be re-
strained; or
(d) 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.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) 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.
(4) 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:
(a) A restraining order has been issued under this
chapter;
(1996 Ed.)
Dissolution of Marriage—Legal Separation 26.09.300
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of
the order restraining the person from acts or threats of
violence or restraining the person from going onto the
grounds of or entering the residence, workplace, school, or
day care of another.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law
or court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this
section if the officer acts in good faith and without malice.
[1996 c 248 § 9; 1995 c 246 § 27; 1984 c 263 § 28; 1974
ex.s. c 99 § 1.]
Severability -1995 c 246: See note following RCW 26.50.010.
Effective date—Severability-1984 c 263: See RCW 26.50.901 and
26.50.902.
26.09.310 Provision of health care to minor—
Immunity of health care provider. No health care provid-
er or facility, or their agent, shall be liable for damages in
any civil action brought by a parent or guardian based only
on a lack of the parent or guardian's consent for medical
care of a minor child, if consent to the care has been given
by a parent or guardian of the minor. The immunity provid-
ed by this section shall apply regardless of whether:
(1) The parents are married, unmarried, or separated at
the time of consent or treatment;
(2) The consenting parent is, or is not, a custodial parent
of the minor;
(3) The giving of consent by a parent is, or is not, full
performance of any agreement between the parents, or of
any order or decree in any action entered pursuant to chapter
26.09 RCW;
(4) The action or suit is brought by or on behalf of the
nonconsenting parent, the minor child, or any other person.
[ 1989 c 377 § 1.]
26.09.900 Construction—Pending divorce actions.
Notwithstanding the repeals of prior laws enumerated in
section 30, chapter 157, Laws of 1973 1st ex. secs., actions
for divorce which were properly and validly pending in the
superior courts of this state as of the effective date of such
repealer (July 15, 1973) shall be governed and may be
pursued to conclusion under the provisions of law applicable
thereto at the time of commencement of such action and all
decrees and orders heretofore or hereafter in all other
respects regularly entered in such proceedings are declared
valid: PROVIDED, That upon proper cause being shown at
any time before final decree, the court may convert such
action to an action for dissolution of marriage as provided
for in RCW 26.09.901. [1974 ex.s. c 15 § 1.]
26.09.901 Conversion of pending action to dissolu-
tion proceeding. Any divorce action which was filed prior
to July 15, 1973 and for which a final decree has not been
entered on February 11, 1974, may, upon order of the supe-
rior court having jurisdiction over such proceeding for good
cause shown, be converted to a dissolution proceeding and
11F/%E41
thereafter be continued under the provisions of this chapter.
[1974 ex.s. c 15 § 2.]
26.09.902 RCW 26.09.900 and 26.09.901 deemed in
effect on July 16, 1973. The provisions of RCW 26.09.900
and 26.09.901 are remedial and procedural and shall be
construed to have been in effect as of July 16, 1973. [1974
ex.s. c 15 § 3.]
26.09.905 Construction of chapter with uniform
child custody jurisdiction act (chapter 26.27 RCW). See
RCW 26.27.900.
26.09.907 Construction—Pending actions as of
January 1, 1988. Notwithstanding the repeals of prior laws,
actions which were properly and validly pending in the
superior courts of this state as of January 1, 1988, shall not
be governed by chapter 460, Laws of 1987 but shall be
governed by the provisions of law in effect on December 31,
1987. [1989 c 375 § 17; 1987 c 460 § 23.]
26.09.909 Decrees entered into prior to January 1,
1988. (1) Decrees under this chapter involving child
custody, visitation, or child support entered in actions
commenced prior to January 1, 1988, shall be deemed to be
parenting plans for purposes of this chapter.
(2) The enactment of the 1987 revisions to this chapter
does not constitute substantially changed circumstances for
the purposes of modifying decrees entered under this chapter
in actions commenced prior to January 1, 1988, involving
child custody, visitation, or child support. Any action to
modify any decree involving child custody, visitation, child
support, or a parenting plan shall be governed by the
provisions of this chapter.
(3) Actions brought for clarification or interpretation of
decrees entered under this chapter in actions commenced
prior to January 1, 1988, shall be determined under the law
in effect immediately prior to January 1, 1988. [ 1990 1st
ex.s. c 2 § 16; 1989 c 375 § 18; 1987 c 460 § 24.]
Effective dates—Severability-1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.09.910 Short title -1987 c 460. This act shall be
known as the parenting act of 1987. [1987 c 460 § 57.]
26.09.911 Section captions -1987 c 460. Section
captions as used in this act do not constitute any part of the
law. [1987 c 460 § 58.]
26.09.912 Effective date -1987 c 460. This act shall
take effect on January 1, 1988. [1987 c 460 § 59.]
26.09.913 Severability -1987 c 460. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of this act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 460 § 60.]
26.09.914 Severability -1989 c 375. If any provision
of this act or its application to any person or circumstance is
[Title 26 RCW—page 23].
Finance and Safety Committee
January 21, 1997
Present: Pam Linder, Chair; Joe Duffie, Joan Hernandez
Alan Doerschel, Ron Waldner, Bob Noe, Lucy Lauterbach
Agenda items:
1. Amendment to T.M.C. Regarding Domestic Violence New state legislation
was passed during the 1995 Session that changed the domestic violence laws. In
order for the city to be able to prosecute people for violating those laws as city
laws, the city will need to adopt them. Bob Noe had drafted a rough draft of an
ordinance adopting certain statutes by reference. He indicated there have been
additional changes to the law since his draft was written, so it will be updated
once again. The committee agreed to let an updated draft ordinance go to the
COW without returning first to the committee. Recommend ordinance to COW.
2. 1997 Committee Work Plan The committee began to talk about issues they
will discuss this year. Joe asked about the police having a new short number for
non -emergency police calls, as a city in Florida was shown having. Ron said there
are no plans now for a special line, but that the 433-1808 number is good. The
committee listed issues they could foresee coming to committee, such as
disposition of Station #53; study of other cities' employee benefits for non -reps;
adult cabaret issues; measurement of police and citizen efforts on reducing crime
on Highway 99( cameras included); curfew review; neighborhood resource center
update; and equity and diversity commission issues.
Ron Waldner said the city had gotten a federal grant for fighting crime as
predicted, but that one grant requirement was that a citizen committee was needed
to approve of the project funded by the grant. The committee understood his need
for citizens to serve on this committee. Information only.
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. / 7 '?
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE
8.30.030, REGARDING DOMESTIC VIOLENCE; PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE.
On C2/ 9'7 , the City Council of the City of Tukwila passed Ordinance
No. / 7g,? , ado ting by reference sections of the Revised Code of Washington to update
and amend TMC 8.30.030 to include the crime of interfering with the reporting of domestic
violence and the crime of violating a restraining order, both passed by the State legislature as
additional measures for domestic violence protection; providing for severability and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of /
a e E. Cantu, City Clerk
Published Seattle Times: .01/c/
c/'/