[atlas:bill]

AN ACT Relating to no-contact orders, no-harassment orders, protection orders, and restraining orders; amending RCW 9.94A.390, 9A.46.040, 9A.46.050, 9A.46.070, 9A.46.080, 10.14.020, 10.14.080, 10.14.110, 10.14.115, 10.14.160, 10.14.170, 10.31.100, 10.99.040, 10.99.045, 10.99.050, 26.09.050, 26.09.060, 26.09.300, 26.10.040, 26.10.115, 26.10.220, 26.26.130, 26.26.137, 26.26.138, 26.44.063, 26.44.067, 26.44.150, 26.50.010, 26.50.020, 26.50.060, 26.50.070, 26.50.100, 26.50.110, and 26.50.115; adding a new section to chapter 10.14 RCW; adding a new section to chapter 26.50 RCW; creating a new section; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.94A.390 and 1997 c 52 s 4 are each amended to read as follows:

If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

(1) Mitigating Circumstances

(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

(e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

(2) Aggravating Circumstances

(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

(c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

(d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

(i) The current offense involved multiple victims or multiple incidents per victim;

(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

(iii) The current offense involved the manufacture of controlled substances for use by other parties;

(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

(v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.

(g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

(h) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:

(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

(ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

(iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

(i) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

(j) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

(k) The offense resulted in the pregnancy of a child victim of rape.

(l) The victim of the current offense had a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law against the defendant at the time the crime was committed.

Sec. 2. RCW 9A.46.040 and 1985 c 288 s 4 are each amended to read as follows:

(1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:

(a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;

(b) Refrain from contacting, intimidating, threatening, coming within one hundred to one thousand feet of, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order; or

(c) Submit to electronic monitoring. If the court requires the defendant to submit to electronic monitoring, the court shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. Upon conviction under this chapter, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

(2) When deciding whether to impose these or other requirements, the court shall consider the physical or psychological danger posed by the defendant to any child. If the court finds that such danger exists, a court order issued under this section may supersede any parenting plan that would otherwise allow the defendant to have contact with the child.

(3)(a) An intentional violation of a court order issued under this section is a misdemeanor except as provided in (b) of this subsection. (b) An intentional violation of a court order issued under this section is a gross misdemeanor if the offender has at least two previous convictions for violating the provisions of a court order issued under this chapter or chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(c) The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW. A certified copy of the order shall be provided to the victim by the clerk of the court.

Sec. 3. RCW 9A.46.050 and 1994 sp.s. c 7 s 447 are each amended to read as follows:

(1) A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen 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. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of RCW 9.41.800, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. When determining the necessity of imposing a no-contact or no-harassment order under this section, the court shall consider the physical or psychological danger posed by the defendant to any child. If the court finds that such danger exists, a no-contact or no-harrassment order issued under this section may supersede any parenting plan that would otherwise allow the defendant to have contact with the child.

(2) As part of a no-contact or no-harassment order issued under this section, the court may require the defendant to:

(a) Submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. Upon conviction under this chapter, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring; or

Sec. 4. RCW 9A.46.070 and 1985 c 288 s 7 are each amended to read as follows:

Any law enforcement agency in this state ((~~may~~)) shall enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.

Sec. 5. RCW 9A.46.080 and 1985 c 288 s 8 are each amended to read as follows:

(1) The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim, any child, or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court.

(2)(a) Willful violation of a court order issued under this section is a misdemeanor except as provided in (b) of this subsection.

(b) A willful violation of a court order issued under this section is a gross misdemeanor if the offender has at least two previous convictions for violating the provisions of a court order issued under this chapter or chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(3) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.

Sec. 6. RCW 10.14.020 and 1995 c 127 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct is contact by a person over age eighteen that would cause a reasonable parent to fear for the well-being of their child.

(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

(3) "Hearing officer" means any superior court judge, district court judge, or municipal officer authorized to exercise the powers and perform the duties of district court judges.

Sec. 7. RCW 10.14.080 and 1995 c 246 s 36 are each amended to read as follows:

(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner or a minor child of the petitioner by the respondent and that great or irreparable harm will result to the petitioner or a minor child of the petitioner if the temporary antiharassment protection order is not granted. When determining whether to grant an ex parte temporary antiharassment protection order under this section, the court may consider factors including but not limited to:

(a) The respondent's previous criminal history, if any;

(b) Whether the respondent has previously been subject to an antiharassment protection order issued under this chapter or chapter 26.09, 26.10, or 26.26 RCW, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the petitioner has previously requested an antiharassment protection order under this chapter or chapter 26.09, 26.10, or 26.26 RCW, a domestic violence protection order under chapter 26.09, 26.10, 26.26, or 26.50 RCW, a restraining order bearing a criminal offense legend under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the respondent; or

(d) Any sworn affidavit from a third party attesting to the alleged harassment.

(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the unlawful harassment involves a violent offense or a sex offense as defined in RCW 9.94A.030 or unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If the court so finds, the court may enter an order for a fixed time ((~~exceeding one year~~)) of at least two years or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. This limitation is not applicable to civil antiharassment protection orders issued under chapter 26.09, 26.10, or 26.26 RCW. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.

(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

(a) Restraining the respondent from making any attempts to contact the petitioner or a minor child of the petitioner;

(b) Restraining the respondent from making any attempts to keep the petitioner or a minor child of the petitioner under surveillance;

(c) Requiring the respondent to stay ((~~a stated distance~~)) one hundred to one thousand feet from the petitioner, a minor child of the petitioner, or the petitioner's residence and workplace; ((~~and~~))

(d) Considering the provisions of RCW 9.41.800;

(e) Requiring the respondent to participate in batterer's treatment; or

(f) Requiring the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the electronic monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring.

(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.

(9) When determining whether to issue an ex parte temporary antiharassment protection order or a civil antiharassment protection order, the court shall consider the physical or psychological danger posed by the respondent to any child. If the court finds that such danger exists, an ex parte temporary antiharassment protection order or a civil antiharassment protection order issued under this section may supersede any parenting plan that would otherwise allow the respondent to have contact with the child.

NEW SECTION. Sec. 8. A new section is added to chapter 10.14 RCW to read as follows:

(1) When the court is not in session, a person seeking relief under this chapter may petition a hearing officer for an emergency ex parte temporary antiharassment protection order. The hearing officer may grant the emergency ex parte temporary antiharassment protection order if the petitioner shows reasonable proof of unlawful harassment of the petitioner or a minor child of the petitioner by the respondent and that great or irreparable harm will result to the petitioner or a minor child of the petitioner if the emergency ex parte temporary antiharassment protection order is not granted. A hearing officer may issue an emergency ex parte temporary antiharassment protection order by telephone. When issuing an emergency ex parte temporary antiharassment protection order under this section, the hearing officer shall grant relief proper in the circumstances, including an order:

(a) Restraining the respondent from making any attempts to contact the petitioner or a minor child of the petitioner;

(b) Restraining the respondent from making any attempts to keep the petitioner or a minor child of the petitioner under surveillance;

(c) Requiring the respondent to stay one hundred to one thousand feet from the petitioner, a minor child of the petitioner, or the petitioner's residence and workplace;

(d) Considering the provisions of RCW 9.41.800; or

(e) Requiring the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. A civil antiharassment protection order also may include a requirement that the respondent pay the costs of any electronic monitoring authorized by this subsection. The court shall consider the ability of the respondent to pay for electronic monitoring.

(2) When determining whether to grant an emergency ex parte temporary antiharassment protection order under this section, the court may consider factors including but not limited to:

(a) The respondent's previous criminal history, if any;

(d) Any sworn affidavit from a third party attesting to the alleged harassment.

(3) An emergency ex parte temporary antiharassment protection order issued under this section shall expire when the court is in session. At that time, the petitioner may seek an ex parte temporary antiharassment protection order or a civil antiharassment protection order under this chapter.

(4) When issuing an emergency ex parte temporary antiharassment protection order under this section, the hearing officer shall inform the petitioner that the order will expire when the court is in session, and that the petitioner may petition the court for an ex parte temporary antiharassment protection order or a civil antiharassment protection order at that time.

(5) A petitioner may not obtain an emergency ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two emergency ex parte temporary antiharassment protection orders against the same respondent but has failed to obtain the issuance of an ex parte temporary antiharassment protection order or a civil antiharassment protection order unless good cause for such failure can be shown.

(6) When determining whether to issue an emergency ex parte temporary antiharassment protection order, the hearing officer shall consider the physical or psychological danger posed by the respondent to any child. If the hearing officer finds that such danger exists, an emergency ex parte temporary antiharassment protection order issued under this section may supersede any parenting plan that would otherwise allow the respondent to have contact with the child.

Sec. 9. RCW 10.14.110 and 1992 c 143 s 16 are each amended to read as follows:

(1) A copy of an antiharassment protection order granted under this chapter shall be forwarded by the clerk of the court or, in the case of an emergency ex parte temporary antiharassment protection order granted under section 8 of this act, the hearing officer on or before the next judicial day to the appropriate law enforcement agency specified in the order.

Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The law enforcement agency shall expunge expired orders from the computer system. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(2) The information entered into the computer-based system shall include notice to law enforcement whether the order was personally served or served by publication.

Sec. 10. RCW 10.14.115 and 1992 c 143 s 17 are each amended to read as follows:

(1) When the court issues an order of protection pursuant to RCW 10.14.080 or the hearing officer issues an emergency ex parte temporary antiharassment protection order pursuant to section 8 of this act, the court or hearing officer shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 10.14.120 and 10.14.170 for a violation of the order unless the respondent knows of the order.

Sec. 11. RCW 10.14.160 and 1992 c 127 s 1 are each amended to read as follows:

For the purposes of this chapter an action may be brought in:

(1) The judicial district of the county in which the alleged acts of unlawful harassment occurred;

(2) The judicial district of the county where any respondent resides at the time the petition is filed; ((or))

(3) The judicial district of the county where a respondent may be served if it is the same county or judicial district where a respondent resides;

(4) The judicial district of the county where any petitioner resides at the time the petition is filed; or

(5) The judicial district of the county where any petitioner is employed.

Sec. 12. RCW 10.14.170 and 1987 c 280 s 17 are each amended to read as follows:

(1) Any respondent who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor except as provided in subsection (2) of this section.

(2) Any respondent who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a class C felony if the respondent has at least two previous convictions for violating the provisions of an antiharassment protection order issued under this chapter or chapter 26.09, 26.10, or 26.26 RCW, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the respondent violated.

Sec. 13. RCW 10.31.100 and 1997 c 66 s 10 are each amended to read as follows:

A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063, chapter 10.14 RCW, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, from contacting or coming within one hundred to one thousand feet of another person, or ((~~restraining the person~~)) from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of a residence, workplace, school, or day care or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

(b) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; ((~~and~~)) (iii) the history of domestic violence between the persons involved; and (iv) any physical or psychological danger to any child.

(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

(f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.025 shall have the authority to arrest the person.

(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

(9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

(10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

(11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

(12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

Sec. 14. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:

(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 his or her client the victim's location; and

(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

(2) 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 or any child or coming within one hundred to one thousand feet of the victim or any child. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim or any child or coming within one hundred to one thousand feet of the victim or any child. When making this determination, the court shall consider any physical or psychological danger posed by the defendant to any child. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim or any child or coming within one hundred to one thousand feet of the victim or any child, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or any child or coming within one hundred to one thousand feet of the victim or any child. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible. If the court finds that the defendant poses physical or psychological danger to any child, the no-contact order may supersede any parenting plan that would otherwise allow the defendant to have contact with the child.

(3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. ((~~If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement~~)) When making this determination, the court shall consider the physical or psychological danger posed by the defendant to any child. If the court finds that such danger exists, the no-contact order may supersede any parenting plan that would otherwise allow the defendant to have contact with the child.

(4) A no-contact order issued under this section may require that the defendant submit to electronic monitoring. 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 reimburse the providing agency for the costs of the electronic monitoring.

((~~(4)~~)) (5)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor except as provided in (b) and (c) of this subsection ((~~(4)~~)). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the 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 this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

(c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a court order issued under chapter 9A.46 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

(d) 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 10.99 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." A certified copy of the order shall be provided to the victim. 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. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

((~~(5)~~)) (6) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of 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 forthwith 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 law enforcement 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.

Sec. 15. RCW 10.99.045 and 1998 c 55 s 2 are each amended to read as follows:

(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 fourteen 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) 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. When making this determination, the court shall consider the physical or psychological danger posed by the defendant to any child. If the court finds that such danger exists, a no-contact order issued under this section may supersede any parenting plan that would otherwise allow the defendant to have contact with the child. The court may include in the order:

(a) Any conditions authorized under RCW 9.41.800;

(b) A requirement that the defendant refrain from coming within one hundred to one thousand feet of the victim or any child; or

(c) A requirement that the defendant submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

(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 appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and ((~~(4)~~)) (5).

Sec. 16. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

(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 or any child or come within one hundred to one thousand feet of the victim or any child, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

(2) Willful violation of a court order issued under this section is a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, ((or)) a court order issued under chapter 9A.46 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 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.

(3) Whenever an order prohibiting contact with or coming within one hundred to one thousand feet of the victim or any child 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 forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement 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.

Sec. 17. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

(1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders taking into account any physical or psychological danger posed by either party to any child and including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

(2) A restraining order issued under this section shall provide relief proper under the circumstances and may require the person to:

(a) Participate in batterer's treatment;

(b) Refrain from coming within one hundred to one thousand feet of another party or any child; or

(c) Submit to electronic monitoring. The order 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 the electronic monitoring. The court shall consider the ability of the person to pay for electronic monitoring.

(3) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

((~~(3)~~)) (4) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(5) If the court finds that the person poses physical or psychological danger to any child, a restraining order issued under this section may supersede any parenting plan that would otherwise allow the person to have contact with the child.

Sec. 18. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:

(1) In a proceeding for:

(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

(b) Acts or threats of violence or molesting or disturbing the peace of the other party or of any child;

(c) Going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

(d) Removing a child from the jurisdiction of the court; or

(e) Contacting or coming within one hundred to one thousand feet of another party or child.

(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

(4) In issuing the order, the court may require the person to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the person pay the costs of the electronic monitoring. The court shall consider the ability of the person to pay for electronic monitoring. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. When determining whether to grant such a temporary restraining order, the court may consider factors including but not limited to:

(a) The previous criminal history of the party against whom the restraining order is sought, if any;

(b) Whether the party against whom the restraining order is sought has previously been subject to a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under this chapter or chapter 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the party seeking the restraining order has previously requested a domestic violence protection order under this chapter or chapter 26.10, 26.26, or 26.50 RCW, an antiharassment protection order under this chapter or chapter 10.14, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend under this chapter or chapter 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the party against whom the restraining order is sought; or

(d) Any sworn affidavit from a third party attesting to the danger of irreparable injury to the party seeking the restraining order.

(6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

(7) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter 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 law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(9) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(c) Terminates when the final decree is entered, except as provided under subsection (10) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

(d) May be entered in a proceeding for the modification of an existing decree.

(10) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

(a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.

(11) When determining whether to grant any temporary restraining order under this section, the court shall consider any physical or psychological danger posed by the person against whom the restraining order is sought to any child. If the court finds that such danger exists, a temporary restraining order issued under this section may supersede any parenting plan that would otherwise allow the person to have contact with the child.

Sec. 19. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

(1)(a) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or ((~~of a provision restraining the person~~)) from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the residence, workplace, school, or day care of another is a misdemeanor except as provided in (b) of this subsection.

(b) A violation of a restraining order under (a) of this subsection is a gross misdemeanor if the offender has at least two previous convictions for violating a restraining order under (a) of this subsection, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(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 the order;

(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

(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 of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(3) A peace officer shall verify the existence of a restraining order by:

(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) A restraining order has been issued under this chapter;

(b) The respondent or person to be restrained knows of the order; and

(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another, from contacting or coming within one hundred to one thousand feet of another party or any child, or ((~~restraining the person~~)) from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the residence, workplace, school, or day care of another.

(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

Sec. 20. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

(1) In entering an order under this chapter, the court shall consider, approve, or make provision for:

((~~(1)~~)) (a) Child custody, visitation, and the support of any child entitled to support;

((~~(2)~~)) (b) The allocation of the children as a federal tax exemption;

((~~(3)~~)) (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800. Such a restraining order shall provide relief proper under the circumstances and may require the person to:

(i) Participate in batterers' treatment;

(ii) Refrain from coming within one hundred to one thousand feet of another party or any child; or

(iii) Submit to electronic monitoring. The order 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 person pay the costs of the monitoring. The court shall consider the ability of the person to pay for electronic monitoring;

((~~(4)~~)) (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

((~~(5)~~)) (e) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;

(f) When determining whether to grant a restraining order under this section, the court shall consider the physical or psychological danger posed by the person against whom the restraining order is sought to any child. If the court finds that such danger exists, a restraining order issued under this section may supersede any parenting plan that would otherwise allow the person to have contact with the child.

((~~(6)~~)) (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

Sec. 21. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:

(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Acts or threats of violence or molesting or disturbing the peace of the other party or of any child;

(b) ((~~Entering the family home or the home of the other party~~)) Going onto the grounds of, entering, or coming within one hundred to one thousand feet of the home, workplace, or school of another party or the day care or school of any child upon a showing of the necessity therefor;

(d) Contacting or coming within one hundred to one thousand feet of another party or any child.

(a) The previous criminal history of the party against whom the restraining order is sought, if any;

(b) Whether the party against whom the restraining order is sought has previously been subject to a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.09, 26.26, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.09, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under this chapter or chapter 26.09, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the party seeking the restraining order has previously requested a domestic violence protection order under this chapter or chapter 26.09, 26.26, or 26.50 RCW, an antiharassment protection order under this chapter or chapter 10.14, 26.09, or 26.26 RCW, a restraining order bearing a criminal offense legend under this chapter or chapter 26.09, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the party against whom the restraining order is sought; or

(d) Any sworn affidavit from a third party attesting to the danger of irreparable injury to the party seeking the restraining order.

(6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

(9) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(d) May be entered in a proceeding for the modification of an existing order.

(10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

(11) When determining whether to grant any temporary restraining order under this section, the court shall consider the physical or psychological danger posed by the person against whom the restraining order is sought to any child. If the court finds that such danger exists, a temporary restraining order issued under this section may supersede any parenting plan that would otherwise allow the defendant to have contact with the child.

Sec. 22. RCW 26.10.220 and 1996 c 248 s 10 are each amended to read as follows:

(b) A violation of a restraining order under (a) of this subsection is a gross misdemeanor if the offender has at least two previous convictions for violating a restraining order under (a) of this subsection, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.09, 26.26, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.09, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(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 the order;

(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

(3) A peace officer shall verify the existence of a restraining order by:

(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) A restraining order has been issued under this chapter;

(b) The respondent or person to be restrained knows of the order; and

(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or restraining the person from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the residence, workplace, school, or day care of another.

(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

Sec. 23. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(4) The judgment and order shall contain the social security numbers of all parties to the order.

(5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

(6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

(7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

(8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

(9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW. When determining the necessity for a continuing restraining order, the court shall consider the physical or psychological danger posed by any party to any child.

(10) Restraining orders issued under this section shall provide relief proper in the circumstances and may require the person to:

(a) Participate in batterers' treatment;

(b) Refrain from contacting or coming within one hundred to one thousand feet of another party or any child; or

(c) Submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the person pay the costs of the monitoring. The court shall consider the ability of the person to pay for electronic monitoring.

(11) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

((~~(11)~~)) (12) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(13) If the court finds that the person poses physical or psychological danger to any child, a restraining order issued under this section may supersede any parenting plan that would otherwise allow the person to have contact with the child.

Sec. 24. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

(a) Acts or threats of violence or molesting or disturbing the peace of another party or any child;

(b) Going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of another party or the day care or school of any child; ((or))

(d) Contacting or coming within one hundred to one thousand feet of another party or any child.

(4) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party or any child, from contacting or coming within one hundred to one thousand feet of another party or any child, or from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(6) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. When determining whether to grant such a temporary restraining order, the court may consider factors including but not limited to:

(a) The previous criminal history of the person against whom the restraining order is sought, if any;

(b) Whether the party against whom the restraining order is sought has previously been subject to a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.09, 26.10, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.09, or 26.10 RCW, a restraining order bearing a criminal offense legend issued under this chapter or chapter 26.09, 26.10, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the party seeking the restraining order has previously requested a domestic violence protection order under this chapter or chapter 26.09, 26.10, or 26.50 RCW, an antiharassment protection order under this chapter or chapter 10.14, 26.09, or 26.10 RCW, a restraining order bearing a criminal offense legend under this chapter or chapter 26.09, 26.10, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the party against whom the restraining order is sought; or

(d) Any sworn affidavit from a third party attesting to the danger of irreparable injury to the party seeking the restraining order.

(7) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court may require the person to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the person pay the costs of the electronic monitoring. The court shall consider the ability of the person to pay for electronic monitoring. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(8) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(d) May be entered in a proceeding for the modification of an existing order.

(9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

(10) When determining whether to grant a temporary restraining order under this section, the court shall consider the physical or psychological danger posed by the person against whom the restraining order is sought to any child. If the court finds that such danger exists, a temporary restraining order issued under this section may supersede any parenting plan that would otherwise allow the person to have contact with the child.

Sec. 25. RCW 26.26.138 and 1996 c 248 s 11 are each amended to read as follows:

(1)(a) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or molesting or disturbing another party or any child, or contacting or coming within one hundred to one thousand feet of another party or any child, or of a provision restraining the person from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the residence, workplace, school, or day care of another is a misdemeanor except as provided in (b) of this subsection.

(b) A violation of a restraining order under (a) of this subsection is a gross misdemeanor if the offender has at least two previous convictions for violating a restraining order under (a) of this subsection, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.09, 26.10, or 26.50 RCW, an antiharassment protection order issued under this chapter or chapter 10.14, 26.09, or 26.10 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(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 the order;

(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

(3) A peace officer shall verify the existence of a restraining order by:

(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) A restraining order has been issued under this chapter;

(b) The respondent or person to be restrained knows of the order; and

(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within one hundred to one thousand feet of another party or any child, or ((~~restraining the person~~)) from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the residence, workplace, school, or day care of another.

(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

Sec. 26. RCW 26.44.063 and 1993 c 412 s 15 are each amended to read as follows:

(1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.

(2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:

(a) Acts or threats of violence or molesting or disturbing the peace of the alleged victim;

(b) Going onto the grounds of, entering, or coming within one hundred to one thousand feet of the family home, school, or day care of the alleged victim except as specifically authorized by the court; or

(c) Having any contact with or coming within one hundred to one thousand feet of the alleged victim, except as specifically authorized by the court.

(3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations including electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the person pay the costs of the electronic monitoring. The court shall consider the ability of the person to pay for electronic monitoring.

(4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.

(5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. When determining whether to grant such a temporary restraining order, the court may consider factors including but not limited to:

(a) The previous criminal history of the person against whom the restraining order is sought, if any;

(b) Whether the party against whom the restraining order is sought has previously been subject to a court order issued under this chapter or chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under this chapter or chapter 26.09, 26.10, or 26.26 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the party seeking the restraining order has previously requested a domestic violence protection order under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend under this chapter or chapter 26.09, 26.10, or 26.26 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the party against whom the restraining order is sought; or

(d) Any sworn affidavit from a third party attesting to the danger of irreparable injury to the party seeking the restraining order.

(6) A temporary restraining order or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; ((~~and~~))

(b) May be revoked or modified; and

(7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

(8)(a) Willful violation of a court order entered under this section is a misdemeanor except as provided in (b) of this subsection.

(b) Willful violation of a court order entered under this section is a gross misdemeanor if the offender has at least two previous convictions for violating the provisions of a court order issued under this chapter or chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under this chapter or chapter 26.09, 26.10, or 26.26 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(c) A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."

Sec. 27. RCW 26.44.067 and 1993 c 412 s 16 are each amended to read as follows:

(1)(a) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor except as provided in (b) of this subsection.

(b) A refusal to comply with a restraining order under (a) of this subsection shall be a gross misdemeanor if the offender has at least two previous convictions for violating a restraining order under (a) of this subsection, a court order issued under this chapter or chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, or 26.26 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.

(3) The remedies provided in this section shall not apply unless restraining orders subject to this section shall bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.

(4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.

Sec. 28. RCW 26.44.150 and 1993 c 412 s 18 are each amended to read as follows:

(1) If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there is a risk of harm to the child if a temporary restraining order is not entered. If the prosecutor determines there is a risk of harm, the prosecutor shall immediately file a motion for an order to show cause seeking to restrict visitation with the child, and seek a temporary restraining order. The restraining order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser, whichever is shorter. The restraining order may require the alleged abuser to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the electronic monitoring shall be performed. The order also may include a requirement that the alleged abuser pay the costs of the electronic monitoring. The court shall consider the ability of the alleged abuser to pay for electronic monitoring.

(2)(a) Willful violation of a court order entered under this section is a misdemeanor except as provided in (b) of this subsection.

(b) Willful violation of a court order entered under this section is a gross misdemeanor if the offender has at least two previous convictions for violating the provisions of a court order under (a) of this subsection, a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, or 26.26 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same person or other persons specifically protected by the orders the offender violated.

(c) The court order shall state: "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject the violator to arrest."

(3) A restraining order issued under this section may supersede a parenting plan.

Sec. 29. RCW 26.50.010 and 1995 c 246 s 1 are each amended to read as follows:

As used in this chapter, the following terms shall have the meanings given them:

(1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

(2) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen 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, persons sixteen years of age or older with whom a respondent sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

(3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

(4) "Court" includes the superior, district, and municipal courts of the state of Washington.

(5) "Judicial day" does not include Saturdays, Sundays, or legal holidays.

(6) "Electronic monitoring" means a program in which a person's presence at a particular location is monitored from a remote location by use of electronic equipment.

(7) "Essential personal effects" means those items necessary for a person's immediate health, welfare, and livelihood. "Essential personal effects" includes but is not limited to clothing, cribs, bedding, documents, medications, and personal hygiene items.

(8) "Hearing officer" means any superior court judge, district court judge, or municipal officer authorized to exercise the powers and perform the duties of district court judges.

Sec. 30. RCW 26.50.020 and 1992 c 111 s 8 are each amended to read as follows:

(1) Any person may seek relief under this chapter by filing a petition with a court alleging that the person has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.

(2) A person under eighteen years of age who is sixteen years of age or older may seek relief under this chapter and is not required to seek relief by a guardian or next friend.

(3) No guardian or guardian ad litem need be appointed on behalf of a respondent to an action under this chapter who is under eighteen years of age if such respondent is sixteen years of age or older.

(4) The court may, if it deems necessary, appoint a guardian ad litem for a petitioner or respondent who is a party to an action under this chapter.

(5) The courts defined in RCW 26.50.010((~~(3)~~)) (4) have jurisdiction over proceedings under this chapter. The jurisdiction of district and municipal courts under this chapter shall be limited to enforcement of RCW 26.50.110(1), or the equivalent municipal ordinance, and the issuance and enforcement of temporary orders for protection provided for in RCW 26.50.070 if: (a) A superior court has exercised or is exercising jurisdiction over a proceeding under this title or chapter 13.34 RCW involving the parties; (b) the petition for relief under this chapter presents issues of residential schedule of and contact with children of the parties; or (c) the petition for relief under this chapter requests the court to exclude a party from the dwelling which the parties share. When the jurisdiction of a district or municipal court is limited to the issuance and enforcement of a temporary order, the district or municipal court shall set the full hearing provided for in RCW 26.50.050 in superior court and transfer the case. If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the order for protection.

(6) An action under this chapter ((~~shall~~)) may be filed in:

(a) The county or the municipality where the respondent resides;

(b) The county or the municipality in which the alleged domestic violence occurred;

(d) The county or the municipality where the petitioner resides, unless the petitioner has left the residence or household to avoid abuse. In that case, the petitioner may bring an action in the county or municipality of the previous or the new household or residence.

(7) A person's right to petition for relief under this chapter is not affected by the person leaving the residence or household to avoid abuse.

Sec. 31. RCW 26.50.060 and 1996 c 248 s 13 are each amended to read as follows:

(1) Upon notice and after hearing, the court may provide relief as follows:

(a) Restrain the respondent from committing acts of domestic violence;

(b) ((~~Exclude~~)) Restrain the respondent from going onto the grounds of, entering, or coming within one hundred to one thousand feet of the dwelling which the parties share, ((~~from~~)) the residence, workplace, or school of the petitioner, or ((~~from~~)) the day care or school of a child;

(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

(d) Order the respondent to participate in batterers' treatment;

(e) Order other relief and restraints as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

(f) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

(g) Restrain the respondent from having any contact with or coming within one hundred to one thousand feet of the victim of domestic violence or the victim's children or members of the victim's household;

(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must 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 respondent to pay for electronic monitoring;

(i) Consider the provisions of RCW 9.41.800;

(j) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; ((~~and~~)) or

(k) Order use of a vehicle.

(2) If a restraining order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW or when the court finds that the domestic violence involves a violent offense or a sex offense as defined in RCW 9.94A.030. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, or when the court finds that the domestic violence involves a violent offense or a sex offense as defined in RCW 9.94A.030, the court may either grant relief for a fixed period of at least two years or enter a permanent order of protection.

If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)((~~(f)~~)) (g) of this section.

(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

(7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

(8) When determining whether to issue an order for protection under this section, the court shall consider the physical or psychological danger posed by the respondent to any child. If the court finds that such danger exists, an order for protection issued under this section may supersede any parenting plan that would otherwise allow the respondent to have contact with the child.

Sec. 32. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:

(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

(a) Restraining any party from committing acts of domestic violence;

(b) Restraining any party from going onto the grounds of ((or)), entering, or coming within one hundred to one thousand feet of the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

(d) Restraining any party from having any contact with or coming within one hundred to one thousand feet of the victim of domestic violence or the victim's children or members of the victim's household; ((~~and~~))

(e) Considering the provisions of RCW 9.41.800; or

(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

(3) When determining whether to grant an ex parte temporary order for protection under this section, the court may consider factors including but not limited to:

(a) The respondent's previous criminal history, if any;

(b) Whether the respondent has previously been subject to a court order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under this chapter or chapter 26.09, 26.10, or 26.26 RCW, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law;

(c) Whether the petitioner has previously requested a domestic violence protection order under this chapter or chapter 26.09, 26.10, or 26.26 RCW, an antiharassment protection order under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order under Washington law against the respondent; or

(d) Any sworn affidavit from a third party attesting to the alleged domestic violence.

(4) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

((~~(4)~~)) (5) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

((~~(5)~~)) (6) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

((~~(6)~~)) (7) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

(8) When determining whether to issue an ex parte temporary order for protection under this section, the court shall consider the physical or psychological danger posed by the respondent to any child. If the court finds that such danger exists, an ex parte temporary order for protection issued under this section may supersede any parenting plan that would otherwise allow the respondent to have contact with the child.

NEW SECTION. Sec. 33. A new section is added to chapter 26.50 RCW to read as follows:

(1) When the court is not in session, a person seeking relief under this chapter may petition a hearing officer for an emergency ex parte temporary order for protection. The hearing officer may grant the emergency ex parte temporary order for protection if the petitioner alleges that irreparable injury could result from domestic violence if an order is not issued immediately without notice to the respondent. A hearing officer may issue an emergency ex parte temporary order for protection by telephone. When issuing an emergency ex parte temporary order for protection under this section, the hearing officer shall grant relief proper in the circumstances, including an order:

(a) Restraining any party from committing acts of domestic violence;

(b) Restraining any party from going onto the grounds of, entering, or coming within one hundred to one thousand feet of the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

(e) Considering the provisions of RCW 9.41.800; or

(2) When determining whether to grant an emergency ex parte temporary order for protection under this section, the court may consider factors including but not limited to:

(a) The respondent's previous criminal history, if any;

(d) Any sworn affidavit from a third party attesting to the alleged domestic violence.

(3) An emergency ex parte order for protection issued under this section shall expire when the court is in session. At that time, the petitioner may seek an order for protection or an ex parte temporary order for protection under this chapter.

(4) When issuing an emergency ex parte temporary order for protection under this section, the hearing officer shall inform the petitioner that the order will expire when the court is in session, and that the petitioner may petition the court for an order for protection or an ex parte temporary order for protection at that time.

(5) A petitioner may not obtain an emergency ex parte temporary order for protection against a respondent if the petitioner has previously obtained two emergency ex parte temporary orders for protection against the same respondent but has failed to obtain the issuance of an order for protection or an ex parte temporary order for protection unless good cause for such failure can be shown.

(6) When determining whether to issue an emergency ex parte temporary order for protection under this section, the hearing officer shall consider the physical and psychological danger posed by the respondent to any child. If the court finds that such danger exists, an emergency ex parte temporary order for protection issued under this section may supersede any parenting plan that would otherwise allow the respondent to have contact with the child.

Sec. 34. RCW 26.50.100 and 1996 c 248 s 15 are each amended to read as follows:

(1) A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the court or, in the case of an emergency ex parte temporary order for protection granted under section 33 of this act, the hearing officer on or before the next judicial day to the appropriate law enforcement agency specified in the order.

Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for the period stated in the order. The law enforcement agency shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(2) The information entered into the computer-based criminal intelligence information system shall include notice to law enforcement whether the order was personally served, served by publication, or served by mail.

Sec. 35. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

(1) Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of ((~~the~~)) any restraint provision((~~s or of~~)) including a provision ((~~excluding~~)) restraining the person from going onto the grounds of, entering, or coming within one hundred to one thousand feet of a residence, workplace, school, or day care is a gross misdemeanor except as provided in subsections (4) and (5) of this section. 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 the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter that restrains the person ((~~or excludes the person~~)) in any manner including from going onto the grounds of, entering, or coming within one hundred to one thousand feet of a residence, workplace, school, or day care, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

(3) A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(4) Any assault that is a violation of an order issued under this chapter and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

(5) A violation of a court order issued under this chapter is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 9A.46 or 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, an antiharassment protection order issued under chapter 10.14, 26.09, 26.10, or 26.26 RCW, a restraining order bearing a criminal offense legend issued under chapter 26.09, 26.10, 26.26, or 26.44 RCW, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

Sec. 36. RCW 26.50.115 and 1996 c 248 s 17 are each amended to read as follows:

(1) When the court issues an ex parte order pursuant to RCW 26.50.070 or an order of protection pursuant to RCW 26.50.060, or the hearing officer issues an emergency ex parte temporary order for protection pursuant to section 33 of this act, the court or hearing officer shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 26.50.110 for a violation of the order unless the respondent knows of the order.

(2) When a peace officer investigates a report of an alleged violation of an order for protection issued under this chapter the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If the law enforcement officer determines that the respondent did not or probably did not know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give petitioner a receipt indicating that petitioner's copy has been served on the respondent. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order.

(3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system.

NEW SECTION. Sec. 37. This act applies to crimes committed on or after July 1, 1999.

NEW SECTION. Sec. 38. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 39. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.