Ordinance 1234-86 - Laserfiche WebLink

V- 1 ORDINANCE NO. /cab0 eP 2 AN ORDINANCE relating to domestic violence court orders, adding a new 3 article to the Everett Criminal Code, Ordinance No. 1145-85. 4 5 WHEREAS, State law provides criminal penalties for certain violations of court 6 orders in domestic violence situations; and 7 WHEREAS, it is desirable that the City of Everett also provide criminal 8 penalties for these violations of court orders; 9 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 10 Section 1: That an Article 21 entitled "Domestic Violence Orders" shall be 11 added to the Everett Criminal Code, Ordinance No. 1145-85, to read as follows: 12 ARTICLE 21 13 Section 1: Violation of No-Contact Order - Pre-trial 14 Wilful violation of a court order issued under RCW 10.99.040(2) or RCW 15 10.99.040(3) is a misdemeanor. The written order releasing the person charged or arrested shall contain the court's directives and shall bear the 16 legend: Violation of this order is a criminal offense under Chapter 10.99 RCW and will subject a violator to arrest. If a no-contact order has been 17 issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. 18 19 Section 2: Violation of No-Contact Order - Post-conviction 20 Wilful violation of a court order issued under RCW 10.99.050 is a misdemeanor. The written order shall contain the court's directives and 21 shall bear the legend: Violation of this order is a criminal offense under Chapter 10.99 RCW and will subject a violator to arrest. 22 23 Section 3: Violation of Restraining Order - Notice - Defense 24 (1) Whenever a restraining order is issued under Chapter 26.09 RCW, and the person to be restrained knows of the order, a violation of 25 the provisions restricting the person from acts or threats of violence or of a provision excluding the person from the residence is a misdemeanor. 26 (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 27 the order; (b) The order recites that the person to be restrained or the 28 person's attorney appeared in person before the court; (c) The order was served upon the person to be restrained; or 29 (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 30 of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. 31 (3) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. 32