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(1) The purpose of this section of the Pasco Municipal Code is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse that the law and those who enforce it can possibly provide.

(2) Definitions.

“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.

“Domestic violence” includes but is not limited to any of the following crimes when committed by one family or household member against another:

(a) Assault in the fourth degree (RCW 9A.36.041 and PMC 9.15.030, Simple assault).

(b) Reckless endangerment in the second degree (RCW 9A.36.050 and PMC 9.15.070).

(c) Coercion (RCW 9A.36.070 and PMC 9.140.070).

(d) Criminal trespass in the first degree (RCW 9A.52.070 and PMC 9.115.020(1)).

(e) Criminal trespass in the second degree (RCW 9A.52.080 and PMC 9.115.020(2)).

(f) Destruction or removal of property (PMC 9.115.090).

(g) Violation of the provisions of a restraining order or protection order restraining the person or excluding the person from a residence (Chapter 7.105 RCW, RCW 26.09.300, 26.52.070, or Chapter 74.34 RCW, or the former RCW 26.50.060, 26.50.070, 26.50.110 and/or 26.50.130, and PMC 9.10.010).

“Family or household member” means spouses, domestic partners, former spouses, former domestic partners, 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 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a person 16 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.

“Victim” means a family or household member who has been subjected to domestic violence.

(3) Simple Assault – Domestic Violence. No person may, as a family or household member, willfully use or threaten to use by purposeful words or acts, unlawful physical force against another member of the same family or household.

(4) Any defense available to a person charged with the crime of assault in the fourth degree under RCW 9A.36.041 shall also be a defense to the crime of simple assault – domestic violence under this section.

(5) Any crime charged under this section shall be a gross misdemeanor. [Ord. 4606 § 4, 2022; Ord. 4093, 2012; Ord. 3484 § 2, 2001; Code 1970 § 9.06.040.]