9.12.070 Domestic violence.
A. Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, and because of the serious nature of domestic violence, when any defendant is arrested for a crime involving harassment or domestic violence and is released from custody before trial on bail or personal recognizance, the court authorizing the release may enter a protective order as set forth in this section. Upon arraignment of any person charged with a crime involving harassment or domestic violence, the court shall determine the necessity of imposing a protective order pending trial. Further, if a defendant is convicted of a crime involving harassment or domestic violence, the court shall consider entering a protective order. A protective order under the terms of this section, may require that the defendant:
1. Not have any contact with the victim or victims;
2. Stay away from the home, school, business, or place of employment of a victim or victims of the alleged offense;
3. Refrain from harassing, intimidating, threatening, 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.
B. If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in Revised Code of Washington 9A.04.110 in any further acts of harassment or violence, the court may also require the defendant to surrender any deadly weapon in the defendant’s immediate possession or control, or subject to the defendant’s immediate possession or control, to the city’s police chief or to the defendant’s counsel for safe keeping.
C. Willful violation of a court order issued under this section or of a restraining order or other protective order issued by a court pursuant to Revised Code of Washington Title 26 or Revised Code of Washington Chapter 10.99, or similar statute or ordinance is a gross misdemeanor; provided however, that should state law provide for a higher grade of offense for multiple violations of the acts prohibited by Section 9.12.070, state law shall prevail. The written order issued pursuant to this section shall contain the court’s directives and shall bear the legend: Violation of this order is a criminal offense under Section 9.12.070 of the Lacey Municipal Code or similar ordinance or statute and will subject a violator to arrest. Any assault or reckless endangerment which violates this order is a felony. You can be arrested even if any person protected by this order invited 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.
D. A willful violation of a court order issued under Lacey Municipal Code 9.12.060 or similar ordinance, or statute is a misdemeanor. A willful violation of a court order charged as domestic violence under Lacey Municipal Code 9.12.060 or similar statute ordinance is a gross misdemeanor. The written order releasing the defendant shall contain the court’s directions and shall bear the legend: Violation of this order is a criminal offense under Lacey Municipal Code 9.12.070.D. or similar ordinance or statute and will subject the violator to arrest. A certified copy of the order shall be provided to the victim by the clerk of the court. (Ord. 1076 §6, 1998; Ord. 703 §4, 1984).