AN ORDINANCE relating to domestic violence, amending Sections 12A.06.120, 12A.06.160, 12A.06.165, 12A.06.170 and 12A.06.195 and adding a section to Chapter 12A.06 of the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 12A.06.120 of the Seattle Municipal Code (Ordinance 102843 12A.04.195, as last amended by Ordinance 117673 1) is further amended as follows:

12A.06.120 Domestic violence defined.

A. Unless the context requires otherwise, the following terms shall have the following meanings as used in this chapter:

1. "Family or household member" 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 (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 sixteen (16) years of age or older with whom a person respondent sixteen (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.

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

3. "Domestic violence" means a crime committed by one family or household member against the person or property of another family or household member.

4. "Court" includes superior, district and municipal courts of the State of Washington.

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

6. "Victim" means a family or household member who has been subjected to domestic violence.

Section 2. Section 12A.06.160 of the Seattle Municipal Code (Ordinance 111857 3, as last amended by Ordinance 117673 4) is further amended as follows:

12A.06.160 Petition for protection orders.

There shall exist an action known as a petition for an order for protection in cases of domestic violence.

A. A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW 26.26.090 26.27.090 and the existence of any other restraining, protection or no contact orders between the parties .

B. A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns the petitioner and respondent in accordance with Section 12A.06.165 D.

C. Upon receipt of the petition, the court shall order a hearing which shall be held not later than fourteen (14) days from the date of the order. The court may schedule a hearing by telephone pursuant to local court rule, to reasonably accomodate a disability, or in exceptional circumstances to protect a petitioner from further acts of domestic violence. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing. Except as provided in RCW 26.50.085 and RCW 26.50.123 Washington Laws of 1995, chapter 246, section 15, personal service shall be made upon the respondent not less than five (5) court days prior to the hearing. If timely personal 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 26.50.085 or service by mail as provided in RCW 26.50.123 Washington Laws of 1995, chapter 246, section 15. If the court permits service by publication or by mail, the court shall set the hearing date not later than twenty-four (24) days from the date of the order. The court may issue an ex parte order for protection pending the hearing as provided in Section 12A.06.170, RCW 26.50.085 and RCW 26.50.123 Washington Laws of 1995, chapter 246, section 15.

Section 3. Section 12A.06.165 of the Seattle Municipal Code (Ordinance 111857 4, as last amended by Ordinance 117673 5) is further amended as follows:

12A.06.165 Protection order -Relief.

A. Upon notice and after hearing, the court may provide relief as follows:

1. Restrain the respondent from committing acts of domestic violence;

2. Exclude the respondent from the dwelling which the parties share, from the residence, workplace, or school of the petitioner, or from the daycare or school of a child;

3. 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;

4. Order the respondent to participate in batterers' treatment;

5. Order other relief 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;

6. Require the respondent to pay the administrative court costs and service fees, as established by the City Council, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

7. Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

8. 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;

9. Consider the provisions of Section 12A.06.195;

10. 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

11. Order use of a vehicle.

B. 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 (1) year. 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, the court may either grant relief for a fixed period or enter a permanent order for 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 (1) year the petitioner may either petition for renewal pursuant to the provisions of this section or may seek relief pursuant to the provisions of Chapter 26.09 or 26.26 RCW.

C. 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 (3) 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 (14) 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 (5) 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 by mail, the court shall set the new hearing date not later than twenty-four (24) 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 Section 12A.06.170. 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 A6 of this section.

D. 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 Section 12A.06.170 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with Section 12A.06.160.

E. Except as provided in subsection D 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 Section 12A.06.160C.

F. 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, or 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.

G. 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.

H. Nothing in this section may affect the title to real estate; provided that judgment for costs or fees shall constitute a lien on real estate to the extent provided in RCW Chapter 4.56.

Section 4. Section 12A.06.170 of the Seattle Municipal Code (Ordinance 111857 5, as last amended by Ordinance 117673 6) is further amended as follows:

12A.06.170 Ex parte temporary protection orders.

A. 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:

1. Restraining any party from committing acts of domestic violence; and

2. Restraining Excluding any party from going onto the grounds of or entering 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 shared or from the residence of the other until further order of the court;

3. 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;

4. Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

5. Considering the provisions of Section 12A.06.195.

B. Irreparable injury 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.

C. 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.

D. An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen (14) days, or twenty-four (24) days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123 Washington Laws of 1995, chapter 246, section 15. The ex parte order may be reissued. A full hearing shall be set for not later than fourteen (14) days from the issuance of the temporary order or not later than twenty-four (24) days if service by publication or by mail is permitted. Except as provided in Section 12A.06.160C, RCW 26.50.085, and RCW 26.50.123 Washington Laws of 1995, chapter 246, section 15 , 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.

E. 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 (1) judicial day after issuance.

F. 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 for protection shall be filed with the court.

Section 5. Chapter 12A.06 of the Seattle Municipal Code (Ordinance 102843, as amended) is further amended by adding the following section:

12A.06.187 Interfering with the reporting of domestic violence.

A. A person commits the crime of interfering with the reporting of domestic violence if the person:

1. commits a crime of domestic violence, as defined in Section 12A.06.120; and

2. prevents or attempts to prevent the victim of or a witness to that domestic violence from calling a 911 emergency communication system, obtaining medical assistance or making a report to any law enforcement official.

B. Commission of a crime of domestic violence under subsection A of this section is a necessary element of the crime of interfering with the reporting of domestic violence.

C. Interfering with the reporting of domestic violence is a gross misdemeanor.

Section 6. Section 12A.06.195 of the Seattle Municipal Code (Ordinance 117157 1) is amended as follows:

12A.06.195 Court order requiring surrender of firearm, dangerous weapon or concealed pistol license.

A. In this section, the following definitions apply unless a different meaning plainly is required:

1. "Dangerous weapon" means a dagger, dirk, spring blade knife, knife the blade of which is automatically released by a spring mechanism or other mechanical device, knife having a blade which opens, falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement and any instrument or weapon of the kind usually known as a slungshot, sand club or metal knuckles.

2. "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

3. "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

3. "Serious offense" means any of the following felonies or felony attempt to commit any of the following felonies, as now existing or hereafter amended: class A felony; criminal solicitation of class A felony; conspiracy to commit class A felony; manslaughter in the first degree; manslaughter in the second degree; indecent liberties; rape in the second degree; kidnapping in the second degree; arson in the second degree; assault in the second degree; assault of a child in the second degree; extortion in the first degree; burglary in the second degree; robbery in the second degree; child molestation in the second degree; controlled substance homicide; incest when committed against a child under age fourteen (14); leading organized crime; promoting prostitution in the first degree;

rape in the third degree; sexual exploitation, vehicular assault; vehicular homicide when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 or by the operation of any vehicle in a reckless manner; any other class B felony with a finding of "sexual motivation" as defined under RCW 9.94A.030; any other felony with a deadly weapon verdict under RCW 9.94A.125; any felony offense in effect at any time prior to the effective date of this section that is comparable to a serious offense; or any federal or out-of-state conviction for an offense that under the laws of this state would be a serious offense.

B. When entering an order authorized under Section 12A.06.040, 12A.06.130, 12A.06.165 or 12A.06.170 and upon a showing by either clear and convincing evidence or a preponderance of the evidence, but not by clear and convincing evidence, that a party has used, displayed, or threatened to use a firearm or dangerous weapon in a felony serious offense, that a party has previously committed any offense making the party ineligible to possess a firearm under the provisions of RCW 9.41.040 or that a party's possession of a firearm or dangerous weapon presents a serious and imminent threat to public health or safety or to the health or safety of any person, the court shall:

1. Require the party to surrender any firearm or dangerous weapon;

2. Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

3. Prohibit the party from obtaining or possessing a firearm or dangerous weapon;

4. Prohibit the party from obtaining or possessing a concealed pistol license.

C. The court may order temporary surrender of a firearm or dangerous weapon without notice to the party 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 a response has passed.

D. The requirements and prohibitions of subsections B and C of this section may be for a period of time less than the duration of the order.

E. The court may require the party to surrender any firearm or dangerous weapon in or subject to the party's immediate possession or control to the King County Sheriff, the Seattle Chief of Police, the party's counsel or any person designated by the court.

Section 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

Section 8. This ordinance shall take effect and be in force on June 6, 1996.

Passed by the City Council the ______ day of _______________, 1996, and signed by me in open session in authentication of its passage this ______ day of _______________, 1996.

______________________

President of the City Council

RG;rg April 8, 1996 96DVord (ver. 3)