Laserfiche WebLink
C. It is a defense to prosecution under subsection A of this section that the court order <br /> was issued contrary to law or court rule. <br /> is hereby amended to read as follows: <br /> Violation of restraining order. <br /> A. Whenever a restraining order is issued under Chapter 26.09 RCW, Chapter 26.10 <br /> RCW, or Chapter 26.26 RCW, and the person to be restrained knows of the order, a <br /> violation of the provisions restricting the person from acts or threats of violence or of a <br /> provision restraining the person from going onto the grounds of or entering the residence, <br /> workplace, school, or day care of another, or prohibiting the person from knowingly <br /> coming within, or knowingly remaining within, a specified distance of a location, is <br /> punishable under Section 10.22.040 of the Everett Municipal Code. <br /> B. A person is deemed to have notice of a restraining order issued under Chapter 26.09 <br /> RCW, Chapter 26.10 RCW, or Chapter 26.26 RCW if: <br /> 1. The person to be restrained or the person's attorney signed the order; <br /> 2. The order recites that the person to be restrained or the person's attorney <br /> appeared in person before the court; <br /> 3. The order was served upon the person to be restrained; or <br /> 4. The peace officer gives the person oral or written evidence of the order by <br /> reading from it or handing to the person a certified copy of the original order, <br /> certified to be an accurate copy of the original by a notary public or by the clerk <br /> of the court. <br /> C. It is a defense to prosecution under subsection A of this section that the court order <br /> was issued contrary to law or court rule. <br /> Section 2: Section 7 of Ordinance No. 2417-99 (EMC 10.22.035), which reads as <br /> follows: <br /> Violation of restraining orders issued under Chapters 26.10 and 26.26 RCW. <br /> A. Whenever a restraining order is issued under chapter 26.10 or 26.26 RCW, and the <br /> person to be restrained knows of the order, a violation of the provisions restricting the <br /> person from acts or threats of violence or of a provision restraining the person from going <br /> onto the grounds of or entering the residence, workplace, school, or day care of another is <br /> a gross misdemeanor. <br /> B. A person is deemed to have notice of a restraining order issued under Chapter 26.10 <br /> or 26.26 RCW if: <br /> 1. The person to be restrained or the person's attorney signed the order; <br /> 2. The order recites that the person to be restrained or the person's attorney appeared in <br /> person before the court; <br /> 3. The order was served upon the person to be restrained; or <br /> 2 <br />