Whenever an order is granted under Chapter
7.105,
10.99,
26.09,
26.26A,
26.26B,
26.50 or
74.34 RCW, or there exists a valid foreign protection order as defined in RCW
26.52.020 (State’s Foreign Protection Order Full Faith and Credit Act), or there is a Canadian domestic violence protection order as defined in RCW
26.55.010, and the respondent or person to be restrained knows of the order, and/or respondent or person to be restrained:
(1) Violates the restraint provisions; or
(2) Violates a provision excluding the person from a residence, workplace, school or day care; or
(3) Violates a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location; or
(4) Violates a provision prohibiting interfering with the protected party’s efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing with either the petitioner or the respondent; or
(5) Violates a provision of a foreign protection order or a Canadian domestic violence protection order specifically indicating that a violation will be a crime;
said respondent or person to be restrained shall have committed a crime which upon conviction shall be punishable as a gross misdemeanor, except as provided in RCW 26.50.110(4) or (5), with a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 365 days or by both fine and imprisonment. Pursuant to RCW 7.105.450(2), a Forks police officer shall arrest without warrant and take into custody a person whom the law enforcement officer has probable cause to believe that that person has knowingly violated this chapter with regards to the orders referenced above. |
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 for which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. |
(Ord. 479 § 3, 2001; Ord. 661 § 1, 2022)