(1) Whenever an order is granted by the Pasco Municipal Court or under any of the RCWs listed in PMC 9.10.030, and the defendant, respondent, or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2)(a) or (2)(b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section.

(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 by the Pasco Municipal Court or an order issued pursuant to Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, that restrains the person or excludes the person from a residence, workplace, school or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, 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 issued in Pasco Municipal Court, or under Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, or the former Chapter 26.26 or 26.50 RCW, 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 by Pasco Municipal Court, or under Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, or the former Chapter 26.26 or 26.50 RCW, 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 such an order 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 by Pasco Municipal Court, or under Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW or the former Chapter 26.26 or 26.50 RCW, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, or the former Chapter 26.26 or 26.50 RCW. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the Pasco Municipal Code, or under Chapter 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, or the former Chapter 26.26 or 26.50 RCW, the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within 14 days why he or she 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. [Ord. 4606 § 3, 2022; Ord. 3483 § 3, 2001; Ord. 2669 § 1, 1987; Code 1970 § 9.03.020.]