Ordinance 3751-20 - Laserfiche WebLink

1 specified distance of a location or, in the case of an order issued 2 under RCW 26. 44 . 063, imposing any other restrictions or conditions 3 upon the person; 4 (b) An extreme risk protection order has been issued against the 5 person under RCW 7 . 94 . 040, the person has knowledge of the order, and 6 the person has violated the terms of the order prohibiting the person 7 from having in his or her custody or control, purchasing, possessing, 8 accessing, or receiving a firearm or concealed pistol license; 9 (c) A foreign protection order, as defined in RCW 26. 52. 010, or a 10 Canadian domestic violence protection order, as defined in RCW 11 26. 55. 010, has been issued of which the person under restraint has 12 knowledge and the person under restraint has violated a provision of 13 the foreign protection order or the Canadian domestic violence 14 protection order prohibiting the person under restraint from 15 contacting or communicating with another person, or excluding the 16 person under restraint from a residence, workplace, school, or day 17 care, or prohibiting the person from knowingly coming within, or 18 knowingly remaining within, a specified distance of a location, or a 19 violation of any provision for which the foreign protection order or 20 the Canadian domestic violence protection order specifically 21 indicates that a violation will be a crime; or 22 (d) The person is eighteen years or older and within the 23 preceding four hours has assaulted a family or household member or 24 intimate partner as defined in RCW ( (10 . 99. 020) ) 26. 50. 010 and the 25 officer believes: (i) A felonious assault has occurred; (ii) an 26 assault has occurred which has resulted in bodily injury to the 27 victim, whether the injury is observable by the responding officer or 28 not; or (iii) that any physical action has occurred which was 29 intended to cause another person reasonably to fear imminent serious 30 ' bodily injury or death. Bodily injury means physical pain, illness, 31 or an impairment of physical condition. When the officer has probable 32 cause to believe that family or household members or intimate 33 partners have assaulted each other, the officer is not required to 34 arrest both persons. The officer shall arrest the person whom the 35 officer believes to be the primary physical aggressor. In making this 36 determination, the officer shall make every reasonable effort to 37 consider: (A) The intent to protect victims of domestic violence 38 under RCW 10. 99. 010; (B) the comparative extent of injuries inflicted 39 or serious threats creating fear of physical injury; and (C) the p. 17 SHB 2473 .SL