RCW 10.99.010
Purpose
—
Intent.
The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence. However, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies. It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.
[
1979 ex.s. c 105 s 1
.]
RCW 10.99.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020
.
(2) "Association" means the Washington association of sheriffs and police chiefs.
(3) "Dating relationship" has the same meaning as in RCW 7.105.010
.
(4) "Domestic violence" includes but is not limited to any of the following crimes when committed either by (a) one family or household member against another family or household member, or (b) one intimate partner against another intimate partner:
(i) Assault in the first degree (RCW 9A.36.011
);
(ii) Assault in the second degree (RCW 9A.36.021
);
(iii) Assault in the third degree (RCW 9A.36.031
);
(iv) Assault in the fourth degree (RCW 9A.36.041
);
(v) Drive-by shooting (RCW 9A.36.045
);
(vi) Reckless endangerment (RCW 9A.36.050
);
(vii) Coercion (RCW 9A.36.070
);
(viii) Burglary in the first degree (RCW 9A.52.020
);
(ix) Burglary in the second degree (RCW 9A.52.030
);
(x) Criminal trespass in the first degree (RCW 9A.52.070
);
(xi) Criminal trespass in the second degree (RCW 9A.52.080
);
(xii) Malicious mischief in the first degree (RCW 9A.48.070
);
(xiii) Malicious mischief in the second degree (RCW 9A.48.080
);
(xiv) Malicious mischief in the third degree (RCW 9A.48.090
);
(xv) Kidnapping in the first degree (RCW 9A.40.020
);
(xvi) Kidnapping in the second degree (RCW 9A.40.030
);
(xvii) Unlawful imprisonment (RCW 9A.40.040
);
(xviii) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle (chapter
7.105
RCW, or RCW 10.99.040, 10.99.050, 26.09.300, *
26.10.220, 26.26B.050, 26.44.063, 26.44.150, or
26.52.070, or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and
74.34.145
);
(xix) Rape in the first degree (RCW 9A.44.040
);
(xx) Rape in the second degree (RCW 9A.44.050
);
(xxi) Residential burglary (RCW 9A.52.025
);
(xxii) Stalking (RCW 9A.46.110
); and
(xxiii) Interference with the reporting of domestic violence (RCW 9A.36.150
).
(5) "Electronic monitoring" means the same as in RCW 9.94A.030
.
(6) "Employee" means any person currently employed with an agency.
(7) "Family or household members" means: (a) Adult persons related by blood or marriage; (b) adult persons who are presently residing together or who have resided together in the past; and (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
(8) "Intimate partners" means: (a) Spouses or domestic partners; (b) former spouses or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time; (d) adult persons presently or previously residing together who have or have had a dating relationship; (e) persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; or (f) persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship.
(9) "Sworn employee" means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to carry out the duties of the sheriff under chapter
36.28
RCW.
(10) "Victim" means a family or household member or an intimate partner who has been subjected to domestic violence.
[
2021 c 215 s 121
. Prior:
2020 c 296 s 5
; prior:
2019 c 263 s 203
;
2019 c 46 s 5014
;
2004 c 18 s 2
;
2000 c 119 s 5
;
1997 c 338 s 53
;
1996 c 248 s 5
;
1995 c 246 s 21
;
1994 c 121 s 4
;
1991 c 301 s 3
;
1986 c 257 s 8
;
1984 c 263 s 20
;
1979 ex.s. c 105 s 2
.]
NOTES:
*Reviser's note:
RCW 26.10.220
was repealed by
2020 c 312 s 905
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
2020 c 296:
See note following RCW 9.94A.030
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Intent
—
Definition of domestic violence
—
2019 c 263 ss 202-205:
See note following RCW 10.01.240
.
Findings
—
Intent
—
2004 c 18:
"The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds it is appropriate to help reduce the incident rate of domestic violence by addressing the need for improved coordination and accountability among general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made and the alleged perpetrator is a general authority Washington peace officer. The legislature finds that coordination and accountability will be improved if general authority Washington law enforcement agencies adopt policies that meet statewide minimum requirements for training, reporting, interagency cooperation, investigation, and collaboration with groups serving victims of domestic violence. The legislature intends to provide maximum flexibility to general authority Washington law enforcement agencies, consistent with the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [
2004 c 18 s 1
.]
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Finding
—
1991 c 301:
"The legislature finds that:
The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.
Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.
Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.
Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [
1991 c 301 s 1
.]
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 3-10:
See note following RCW 9A.04.110
.
Domestic violence defined for protection orders: RCW 7.105.010
.
RCW 10.99.030
Peace officers
—
Powers and duties.
(1) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.
(2)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100
. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.
(b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.
(3)(a) A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall:
(i) Seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense;
(ii) Seize all firearms in plain sight or discovered pursuant to a lawful search; and
(iii) Request consent to take temporary custody of any other firearms and ammunition to which the alleged abuser has access until a judicial officer has heard the matter.
(b) The peace officer shall separate the parties and then inquire of the victim: (i) If there are any firearms or ammunition in the home that are owned or possessed by either party; (ii) if the alleged abuser has access to any other firearms located off-site; and (iii) whether the alleged abuser has an active concealed pistol license, so that there is a complete record for future court proceedings. The inquiry should make clear to the victim that the peace officer is not asking only about whether a firearm was used at the time of the incident but also under other circumstances, such as whether the alleged abuser has kept a firearm in plain sight in a manner that is coercive, has threatened use of firearms in the past, or has additional firearms in a vehicle or other location. Law enforcement personnel may use a pictorial display of common firearms to assist the victim in identifying firearms.
(c) The peace officer shall document all information about firearms and concealed pistol licenses in the incident report. The incident report must be coded to indicate the presence of or access to firearms so that personal recognizance screeners, prosecutors, and judicial officers address the heightened risk to victim, family, and peace officer safety due to the alleged abuser's access to firearms.
(d) A law enforcement agency shall comply with the provisions of RCW 9.41.340
and
9.41.345
before the return of any firearm or ammunition seized under this subsection to the owner or individual from who the firearm or ammunition was obtained.
(4) When a peace officer responds to a domestic violence call:
(a) The officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; (e) an order restraining your abuser from molesting or interfering with minor children in your custody; and (f) an order requiring your abuser to turn in any firearms and concealed pistol license in the abuser's possession or control to law enforcement and prohibiting the abuser from possessing or accessing firearms or a concealed pistol license for the duration of the civil order. The forms you need to obtain a protection order are available in any municipal, district, or superior court.
Information about shelters and alternatives to domestic violence is available from a statewide twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"; and
(b) The officer is encouraged to inform victims that information on traumatic brain injury can be found on the statewide website developed under RCW 74.31.070
.
(5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.
(6) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the seizure or lack of seizure of a firearm, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.
[
2023 c 470 s 1001
. Prior:
2019 c 367 s 1
;
2019 c 110 s 2
;
2016 c 136 s 5
;
1996 c 248 s 6
;
1995 c 246 s 22
;
1993 c 350 s 3
;
1984 c 263 s 21
;
1981 c 145 s 5
;
1979 ex.s. c 105 s 3
.]
NOTES:
Explanatory statement
—
2023 c 470:
"RCW 1.08.025
directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Part 1 of this act merges multiple amendments created when sections were amended without reference to other amendments made in the same session.
(2) Part 2 of this act updates references in the code to the "department of community, trade, and economic development" with the "department of commerce," in accordance with the renaming of that department by chapter 565, Laws of 2009.
(3) Section 3001 of this act adds an expiration date to amendments to RCW 51.32.099
. The underlying section expired June 30, 2016, but expiration dates for three amendatory sections were apparently omitted in error.
(4) Section 3002 of this act repeals an expiration date for 2011 amendments to RCW 74.60.020
and
74.60.090
. The repealed expiration date conflicts with the expiration date provided in RCW 74.60.901
.
(5) Section 3003 of this act decodifies groups that are no longer active.
(6) Sections 3004 through 3006 of this act reorganize subsection numbering so that distinct criminal penalties are located in separate paragraphs.
(7) Sections 3007 through 3010 of this act correct terminology relating to behavioral health disorders in certain sex offense statutes.
(8) Section 3011 of this act updates a reference to a federal law which was reclassified and renumbered in 2017.
(9) Section 3012 of this act updates a subsection reference in RCW 9A.72.160
.
(10) Sections 3013 through 3015 of this act replace instances of the word "marijuana" with "cannabis," in accordance with chapter 16, Laws of 2022.
(11) Section 3016 of this act corrects an erroneous section reference.
(12) Section 3017 of this act changes the term "apartment" to "lot" in a section of chapter
64.38
RCW, relating to homeowners' associations.
(13) Sections 3018 and 3019 of this act correct an erroneous subsection reference.
(14) Sections 3020 and 3021 of this act replace an erroneous usage of the word "county" with "country."
(15) Section 3022 of this act amends cross-references in the interstate compact on educational opportunity for military children." [
2023 c 470 s 1
.]
Findings
—
1993 c 350:
See note following RCW 7.69.020
.
RCW 10.99.033
Law enforcement officers
—
Training
—
Criminal justice training commission.
(1) All training relating to the handling of domestic violence complaints by law enforcement officers must stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.
(2) The criminal justice training commission shall implement by July 28, 2019, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission must include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training must be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum must include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with domestic violence laws. The program must include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state.
(4) Development of the training in subsections (2) and (3) of this section must be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to the general public.
(5) Subject to funds appropriated for this specific purpose:
(a) The curriculum required in subsection (2) of this section must include trauma-informed investigation and interviewing skills, domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children; and
(b) The in-service training program required in subsection (3) of this section must include training on domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children.
[
2023 c 462 s 301
;
2019 c 367 s 2
.]
RCW 10.99.035
Law enforcement agencies
—
Domestic violence records.
(1) A law enforcement agency shall forward the offense report regarding any incident of domestic violence to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation. Upon receiving the offense report, the prosecuting agency may, in its discretion, choose not to file the information as a domestic violence offense, if the offense was committed against a sibling, parent, stepparent, or grandparent.
(2) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.
(3) Records kept pursuant to RCW 10.99.030
and this section must be made identifiable by means of a departmental code for domestic violence.
(4) Commencing on July 28, 2019, records of incidents of domestic violence must be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The criminal justice training commission shall amend its contract for collection of statewide crime data with the Washington association of sheriffs and police chiefs:
(a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; (viii) arson; and (ix) violations of the provisions of a protection order or no-contact order restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the collection and compilation of data regarding violations of protection orders or no-contact orders;
(b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident-based reporting system and the information is prepared and contained in the annual report of crime in Washington; and
(c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.
[
2019 c 367 s 3
.]
RCW 10.99.040
Duties of court
—
No-contact order
—
Emergency orders.
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to the attorney's client the victim's location;
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence;
(e) Shall not deny issuance of a no-contact order based on the existence of an applicable civil protection order preventing the defendant from contacting the victim;
(f) When issuing a no-contact order, shall attempt to determine whether there are any other active no-contact orders, protection orders, or restraining orders involving the defendant to assist the court in ensuring that any no-contact order it may impose does not lessen protections imposed by other courts under other such orders; and
(g) Shall not deny issuance of a no-contact order based on the existence of an applicable civil protection order preventing the defendant from contacting the victim.
(2)(a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim and others. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. The court authorizing release may issue a no-contact order that:
(i) Prohibits the person charged or arrested from making any attempt to contact, including nonphysical contact, the victim or the victim's family or household members, either directly, indirectly, or through a third party;
(ii) Excludes the defendant from a residence shared with the victim, or from a workplace, school, or child care;
(iii) Prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or vehicle; and
(iv) Includes other related prohibitions to reduce risk of harm.
(b) The court shall verify that the requirements of RCW 10.99.030
(3) have been satisfied, including that a sworn statement of a peace officer has been submitted to the court, documenting that the responding peace officers separated the parties and asked the victim or victims at the scene about firearms, other dangerous weapons, and ammunition that the defendant owns or has access to, and whether the defendant has a concealed pistol license. If the sworn statement of a peace officer or other information provided to the court indicates there may be a risk of harm if the defendant has access to firearms, dangerous weapons, or an active concealed pistol license, the court shall verify that peace officers have temporarily removed and secured all the firearms, dangerous weapons, and any concealed pistol license. The court shall then determine whether an order to surrender and prohibit weapons or an extreme risk protection order should be issued pursuant to RCW 9.41.800
or chapter
7.105
RCW, prohibiting the defendant from possessing, purchasing, receiving, having in the defendant's control or custody, accessing, or attempting to purchase or receive, any firearms, dangerous weapons, and any concealed pistol license and shall order the defendant to surrender, and prohibit the defendant from possessing, any firearms, dangerous weapons, and any concealed pistol license as required in RCW 9.41.800, or shall issue an extreme risk protection order as required by chapter
7.105
RCW. The court may make these determinations on the record or off the record with a written explanation when declining to impose the restrictions authorized in this subsection.
(3)(a) At the time of arraignment, the court shall review the defendant's firearms purchase history provided by the prosecutor pursuant to RCW 10.99.045, and any other firearms information provided by law enforcement or court or jail staff, and shall determine whether a no-contact order, an order to surrender and prohibit weapons, or an extreme risk protection order shall be issued or, if previously issued, extended.
(b) So long as the court finds probable cause, the court may issue or extend a no-contact order, an order to surrender and prohibit weapons, or an extreme risk protection order, even if the defendant fails to appear at arraignment. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. To the extent the court is aware, the court shall advise the defendant of the ongoing requirements of any other no-contact, restraining, or protection order that remains in effect.
(c) If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring as defined in RCW 9.94A.030
. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant pay the costs of the electronic monitoring. If a defendant enters into a deferred prosecution or stipulated order of continuance, the applicable order or agreement may require the defendant pay the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under this section is punishable as provided under RCW 7.105.450
or
7.105.460, or chapter
9.41
RCW.
(b) 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
7.105
RCW and will subject a violator to arrest; any assault, drive-by shooting, 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."
(c) A certified copy of the order shall be provided to the victim.
(5)(a) A peace officer may request, on an ex parte basis and before criminal charges or a petition for a protection order or an extreme risk protection order have been filed, an emergency no-contact order, order to surrender and prohibit weapons, or extreme risk protection order from a judicial officer on behalf of and with the consent of the victim of an alleged act involving domestic violence if the victim is able to provide such consent. If the victim is incapacitated as a result of the alleged act of domestic violence, a peace officer may request an emergency no-contact order, order to surrender and prohibit weapons, or extreme risk protection order on his or her behalf. The request shall be made based upon the sworn statement of a peace officer and may be made in person, by telephone, or by electronic means. If the court finds probable cause to believe that the victim is in imminent danger of domestic violence based on an allegation of the recent commission of an act involving domestic violence, the court shall issue an emergency no-contact order and an order to surrender and prohibit weapons or an extreme risk protection order as required by RCW 9.41.800
or chapter
7.105
RCW. An emergency no-contact order issued by a court will remain in effect until either the court terminates the emergency no-contact order, the court finds probable cause for a referred crime, or an ex parte hearing is held on a petition for a protection order or extreme risk protection order.
(b) If the court issues an order to surrender and prohibit weapons or an extreme risk protection order, and has not verified that peace officers have temporarily removed and secured all firearms and dangerous weapons, and any concealed pistol license, all orders issued by the court must be personally served by a peace officer and the peace officer shall take possession of all firearms, dangerous weapons, and any concealed pistol license belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search, as required by RCW 9.41.801
.
(c) If the court does not issue an order to surrender and prohibit weapons or an extreme risk protection order, or has verified that all firearms, dangerous weapons, and any concealed pistol license have been temporarily removed by law enforcement, service of the court's orders may be effected electronically. Electronic service must be effected by a law enforcement agency transmitting copies of the petition and any supporting materials filed with the petition, any notice of hearing, and any orders, or relevant materials for motions, to the defendant at the defendant's electronic address or the defendant's electronic account associated with email, text messaging, social media applications, or other technologies. Verification of notice is required and may be accomplished through read-receipt mechanisms, a response, a sworn statement from the person who effected service verifying transmission and any follow-up communications such as email or telephone contact used to further verify, or an appearance by the defendant at a hearing. Sworn proof of service must be filed with the court by the person who effected service.
(d) A no-contact order, order to surrender and prohibit weapons, or extreme risk protection order authorized by telephonic or electronic means shall also be issued in writing as soon as possible and shall state that it may be extended as provided in subsection (3) of this section.
(6) 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.
(7) Whenever an order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
(8) For the purposes of this section, and unless context clearly requires otherwise, "emergency no-contact order" means a no-contact order issued by a court of competent jurisdiction before criminal charges have been filed or before a petition for a protection order or extreme risk protection order has been filed.
[
2023 c 462 s 302
;
2023 c 320 s 1
;
2021 c 215 s 122
;
2019 c 367 s 4
;
2015 c 287 s 9
;
2012 c 223 s 3
;
2010 c 274 s 309
;
2000 c 119 s 18
;
1997 c 338 s 54
;
1996 c 248 s 7
;
1995 c 246 s 23
;
1994 sp.s. c 7 s 449
;
1992 c 86 s 2
;
1991 c 301 s 4
;
1985 c 303 s 10
;
1984 c 263 s 22
;
1983 c 232 s 7
;
1981 c 145 s 6
;
1979 ex.s. c 105 s 4
.]
NOTES:
Reviser's note:
This section was amended by 2023 c 320 s 1 and by 2023 c 462 s 302, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Finding
—
1991 c 301:
See note following RCW 10.99.020
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
Child abuse, temporary restraining order: RCW 26.44.063
.
Orders for protection: Chapter
7.105
RCW.
Temporary restraining order: RCW 26.09.060
.
RCW 10.99.045
Appearances by defendant
—
Defendant's history
—
No-contact order.
(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020
shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020
and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3)(a) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800
and
10.99.040
.
(b) For the purposes of (a) of this subsection, the prosecutor shall provide for the court's review:
(i) The defendant's criminal history, if any, that occurred in Washington or any other state;
(ii) If available, the defendant's criminal history that occurred in any tribal jurisdiction;
(iii) The defendant's individual order history; and
(iv) The defendant's firearms purchase history, including any concealed pistol license history.
(c) For the purposes of (b) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (d) of this subsection before the date of the appearance.
(d) The periods applicable to previous convictions and orders of deferred prosecution are:
(i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and
(ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the law enforcement agency pursuant to the procedures outlined in *RCW 10.99.040
(2) and (6).
[
2021 c 215 s 77
;
2010 c 274 s 301
;
2000 c 119 s 19
;
1998 c 55 s 2
;
1994 sp.s. c 7 s 450
;
1984 c 263 s 23
;
1983 c 232 s 8
;
1981 c 145 s 7
.]
NOTES:
*Reviser's note:
RCW 10.99.040
was amended by 2023 c 320 s 1, changing subsection (6) to subsection (7).
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 10.99.050
Victim contact
—
Restriction, prohibition
—
Violation, penalties
—
Written order
—
Procedures
—
Notice of change.
(1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.
(2)(a) Willful violation of a court order issued under this section is punishable under RCW 7.105.450
.
(b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter
7.105
RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(c) An order issued pursuant to this section in conjunction with a misdemeanor or gross misdemeanor sentence or juvenile disposition remains in effect for a fixed period of time determined by the court, which may not exceed five years from the date of sentencing or disposition.
(d) An order issued pursuant to this section in conjunction with a felony sentence or juvenile disposition remains in effect for a fixed period of time determined by the court, which may not exceed the adult maximum sentence established in RCW 9A.20.021
.
(3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.
[
2021 c 215 s 123
;
2019 c 263 s 303
;
2000 c 119 s 20
;
1997 c 338 s 55
;
1996 c 248 s 8
;
1991 c 301 s 5
;
1985 c 303 s 12
;
1984 c 263 s 24
;
1979 ex.s. c 105 s 5
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Findings
—
Intent
—
Domestic violence no-contact orders
—
2019 c 263 ss 302 and 303:
"(1) The legislature believes the existing language of RCW 10.99.050
has always authorized courts to issue domestic violence no-contact orders in adult and juvenile cases that last up to the adult statutory maximum in felony cases and up to the maximum period for which an adult sentence can be suspended or deferred in nonfelony cases. However, in
State v. Granath
, 200 Wn. App. 26, 401 P.3d 405 (2017), aff'd, 190 Wn.2d 548, 415 P.3d 1179 (2018), the court of appeals and supreme court recently interpreted this provision to limit domestic violence no-contact orders in nonfelony sentences to the duration of the defendant's conditions of sentence. The legislature finds that this interpretation inadequately protects victims of domestic violence. The legislature intends to clarify the trial courts' authority to issue no-contact orders that remain in place in adult and juvenile nonfelony cases for the maximum period of time that an adult sentence could be suspended, and in adult and juvenile felony cases for the adult statutory maximum.
(2) The legislature further finds that there is a discrepancy in which sentences for nonfelony domestic violence offenses can be suspended for up to five years in district and municipal courts, but only for up to two years in superior courts in most cases, creating inconsistent protection for victims. The legislature intends to rectify this discrepancy to allow nonfelony domestic violence sentences to be suspended for up to five years in all courts." [
2019 c 263 s 301
.]
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Finding
—
1991 c 301:
See note following RCW 10.99.020
.
RCW 10.99.055
Enforcement of orders.
A peace officer in this state shall enforce an order issued by any court in this state restricting a defendant's ability to have contact with a victim by arresting and taking the defendant into custody, pending release on bail, personal recognizance, or court order, when the officer has probable cause to believe that the defendant has violated the terms of that order.
[
1984 c 263 s 25
;
1983 c 232 s 9
;
1981 c 145 s 8
.]
NOTES:
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 10.99.060
Prosecutor's notice to victim
—
Description of available procedures.
The public attorney responsible for making the decision whether or not to prosecute shall advise the victim of that decision within five days, and, prior to making that decision shall advise the victim, upon the victim's request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in that jurisdiction to initiate a criminal proceeding.
[
1979 ex.s. c 105 s 6
.]
RCW 10.99.070
Liability of peace officers.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident.
[
1979 ex.s. c 105 s 7
.]
RCW 10.99.080
Penalty assessment.
(1) All superior courts, and courts organized under Title
3
or
35
RCW, may impose a penalty of one hundred dollars, plus an additional fifteen dollars on any adult offender convicted of a crime involving domestic violence; in no case shall a penalty assessment exceed one hundred fifteen dollars on any adult offender convicted of a crime involving domestic violence. The assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided by law.
(2) Revenue from the:
(a) One hundred dollar assessment shall be used solely for the purposes of establishing and funding domestic violence advocacy and domestic violence prevention and prosecution programs in the city or county of the court imposing the assessment. Such revenue from the assessment shall not be used for indigent criminal defense. If the city or county does not have domestic violence advocacy or domestic violence prevention and prosecution programs, cities and counties may use the revenue collected from the assessment to contract with recognized community-based domestic violence program providers.
(b) Fifteen dollar assessment must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.
(3) The one hundred dollar assessment imposed under this section shall not be subject to any state or local remittance requirements under chapter
3.46, 3.50, 3.62, 7.68, 10.82, or
35.20
RCW.
(4) For the purposes of this section, "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. For the purposes of this section, "domestic violence" has the same meaning as that term is defined under RCW 10.99.020
and includes violations of equivalent local ordinances.
(5) When determining whether to impose a penalty assessment under this section, judges are encouraged to solicit input from the victim or representatives for the victim in assessing the ability of the convicted offender to pay the penalty, including information regarding current financial obligations, family circumstances, and ongoing restitution.
[
2023 c 470 s 1003
. Prior:
2015 c 275 s 14
;
2015 c 265 s 24
;
2004 c 15 s 2
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Intent
—
2004 c 15:
"The legislature recognizes that domestic violence is a growing and more visible public safety problem in Washington state than ever before, and that domestic violence-related incidents have a significant bearing on overall law enforcement and court caseloads. The legislature further recognizes the growing costs associated with domestic violence prevention and advocacy programs established by local governments and by community-based organizations.
It is the legislature's intent to establish a penalty in law that will hold convicted domestic violence offenders accountable while requiring them to pay penalties to offset the costs of domestic violence advocacy and prevention programs. It is the legislature's intent that the penalties imposed against convicted domestic violence offenders under section 2 of this act be used for established domestic violence prevention and prosecution programs. It is the legislature's intent that the revenue from the penalty assessment shall be in addition to existing sources of funding to enhance or help prevent the reduction and elimination of domestic violence prevention and prosecution programs." [
2004 c 15 s 1
.]
RCW 10.99.090
Policy adoption and implementation.
(1) By December 1, 2004, the association shall develop a written model policy on domestic violence committed or allegedly committed by sworn employees of agencies. In developing the policy, the association shall convene a work group consisting of representatives from the following entities and professions:
(a) Statewide organizations representing state and local enforcement officers;
(b) A statewide organization providing training and education for agencies having the primary responsibility of serving victims of domestic violence with emergency shelter and other services; and
(c) Any other organization or profession the association determines to be appropriate.
(2) Members of the work group shall serve without compensation.
(3) The model policy shall provide due process for employees and, at a minimum, meet the following standards:
(a) Provide prehire screening procedures reasonably calculated to disclose whether an applicant for a sworn employee position:
(i) Has committed or, based on credible sources, has been accused of committing an act of domestic violence;
(ii) Is currently being investigated for an allegation of child abuse or neglect or has previously been investigated for founded allegations of child abuse or neglect; or
(iii) Is currently or has previously been subject to any order under RCW 26.44.063, this chapter, former chapter
10.14
RCW or former chapter
26.50
RCW, or to a domestic violence protection order or antiharassment protection order under chapter
7.105
RCW, or any equivalent order issued by another state or tribal court;
(b) Provide for the mandatory, immediate response to acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency;
(c) Provide to a sworn employee, upon the request of the sworn employee or when the sworn employee has been alleged to have committed an act of domestic violence, information on programs under RCW 43.20A.735
;
(d) Provide for the mandatory, immediate reporting by employees when an employee becomes aware of an allegation of domestic violence committed or allegedly committed by a sworn employee of the agency employing the sworn employee;
(e) Provide procedures to address reporting by an employee who is the victim of domestic violence committed or allegedly committed by a sworn employee of an agency;
(f) Provide for the mandatory, immediate self-reporting by a sworn employee to his or her employing agency when an agency in any jurisdiction has responded to a domestic violence call in which the sworn employee committed or allegedly committed an act of domestic violence;
(g) Provide for the mandatory, immediate self-reporting by a sworn employee to his or her employing agency if the employee is currently being investigated for an allegation of child abuse or neglect or has previously been investigated for founded allegations of child abuse or neglect, or is currently or has previously been subject to any order under RCW 26.44.063, this chapter, former chapter
10.14
RCW or former chapter
26.50
RCW, or to a domestic violence protection order or antiharassment protection order under chapter
7.105
RCW, or any equivalent order issued by another state or tribal court;
(h) Provide for the performance of prompt separate and impartial administrative and criminal investigations of acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency;
(i) Provide for appropriate action to be taken during an administrative or criminal investigation of acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency. The policy shall provide procedures to address, in a manner consistent with applicable law and the agency's ability to maintain public safety within its jurisdiction, whether to relieve the sworn employee of agency-issued weapons and other agency-issued property and whether to suspend the sworn employee's power of arrest or other police powers pending resolution of any investigation;
(j) Provide for prompt and appropriate discipline or sanctions when, after an agency investigation, it is determined that a sworn employee has committed an act of domestic violence;
(k) Provide that, when there has been an allegation of domestic violence committed or allegedly committed by a sworn employee, the agency immediately make available to the alleged victim the following information:
(i) The agency's written policy on domestic violence committed or allegedly committed by sworn employees;
(ii) Information, including but not limited to contact information, about public and private nonprofit domestic violence advocates and services; and
(iii) Information regarding relevant confidentiality policies related to the victim's information;
(l) Provide procedures for the timely response, consistent with chapters
42.56
and
10.97
RCW, to an alleged victim's inquiries into the status of the administrative investigation and the procedures the agency will follow in an investigation of domestic violence committed or allegedly committed by a sworn employee;
(m) Provide procedures requiring an agency to immediately notify the employing agency of a sworn employee when the notifying agency becomes aware of acts or allegations of domestic violence committed or allegedly committed by the sworn employee within the jurisdiction of the notifying agency; and
(n) Provide procedures for agencies to access and share domestic violence training within their jurisdiction and with other jurisdictions.
(4) By June 1, 2005, every agency shall adopt and implement a written policy on domestic violence committed or allegedly committed by sworn employees of the agency that meet the minimum standards specified in this section. In lieu of developing its own policy, the agency may adopt the model policy developed by the association under this section. In developing its own policy, or before adopting the model policy, the agency shall consult public and private nonprofit domestic violence advocates and any other organizations and professions the agency finds appropriate.
(5)(a) Except as provided in this section, not later than June 30, 2006, every sworn employee of an agency shall be trained by the agency on the agency's policy required under this section.
(b) Sworn employees hired by an agency on or after March 1, 2006, shall, within six months of beginning employment, be trained by the agency on the agency's policy required under this section.
(6)(a) By June 1, 2005, every agency shall provide a copy of its policy developed under this section to the association and shall provide a statement notifying the association of whether the agency has complied with the training required under this section. The copy and statement shall be provided in electronic format unless the agency is unable to do so. The agency shall provide the association with any revisions to the policy upon adoption.
(b) The association shall maintain a copy of each agency's policy and shall provide to the governor and legislature not later than January 1, 2006, a list of those agencies that have not developed and submitted policies and those agencies that have not stated their compliance with the training required under this section.
(c) The association shall, upon request and within its resources, provide technical assistance to agencies in developing their policies.
[
2021 c 215 s 124
;
2005 c 274 s 209
;
2004 c 18 s 3
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Findings
—
Intent
—
2004 c 18:
See note following RCW 10.99.020
.
RCW 10.99.100
Sentencing
—
Factors
—
Defendant's criminal history.
(1) In sentencing for a crime of domestic violence as defined in this chapter, courts of limited jurisdiction shall consider, among other factors, whether:
(a) The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse;
(b) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time; and
(c) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years.
(2)(a) In sentencing for a crime of domestic violence as defined in this chapter, the prosecutor shall provide for the court's review:
(i) The defendant's criminal history, if any, that occurred in Washington or any other state;
(ii) If available, the defendant's prior criminal history that occurred in any tribal jurisdiction; and
(iii) The defendant's individual order history.
(b) For the purposes of (a) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (c) of this subsection before the date of sentencing.
(c) The periods applicable to previous convictions and orders of deferred prosecution are:
(i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and
(ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
[
2010 c 274 s 404
.]
NOTES:
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
RCW 10.99.901
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 29
.]