Ordinance 2291-98 - Laserfiche WebLink

Violation of no-contact order-Pre-trial. 1. Wilful violation of a court order issued under RCW 10.99.040(2) or RCW 10.99.040(3) is a gross misdemeanor, except as provided in subsections 2 and 3 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 must be performed. The order also may include a requirement that the respondent pay the costs of monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. 2. Any assault that is a violation of an order issued under RCW 10.99.040 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 RCW 10.99.040 that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. 3. A willful violation of a court order issued under RCW 10.99.040 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, 26.26 or 26.50 RCW, 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 involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated. 4. 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." 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. Section 2: Section 2 of Ordinance 1234-86, as amended by section 2 of Ordinance 1807-91 (EMC 10.22.020), which reads as follows: Violation of no-contact order-Post conviction. Wilful violation of a court order issued under RCW 10.99.050 is a 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 RCW 10.99.050 that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. 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." 2