2011/08/17 Council Agenda Packet

2 B. A person is deemed to have notice of a restraining order issued under Chapter 26.09, 26.10, or 26.26 RCW if: 1. The person to be restrained or the person's attorney signed the order; 2. The order recites that the person to be restrained or the person's attorney appeared in person before the court; 3. The order was served upon the person to be restrained; or 4. 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. C. It is a defense to prosecution under subsection A of this section that the court order was issued contrary to law or court rule. Section 11: Section 4 of Ordinance No. 1234-86, as amended by Section 3 of Ordinance No. 1807-91, Section 3 of Ordinance No. 2291-98, Section 1 of Ordinance No. 2466-00, Section 2 of Ordinance No. 2919-06, Section 1 of Ordinance No. 3026-07 and Section 1 of Ordinance No. 3140-09 (EMC 10.22.040),which reads as follows: Violation of order for protection. A. Whenever an order is granted under Chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsection B or C of this section: 1. The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party; 2. A provision excluding the person from a residence,workplace, school, or day care; 3. A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location; 4. A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent;or 5. A provision of a foreign protection order specifically indicating that a violation will be a crime. 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 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 Chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 6 13