(1) If a law enforcement officer determines under subsection (2) or (3) of this section that there is probable cause to believe a valid Canadian domestic violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protection order as if the terms were in an order of a tribunal. Presentation to a law enforcement officer of a certified copy of a Canadian domestic violence protection order is not required for enforcement.
(2) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.
(3) If a record of a Canadian domestic violence protection order is not presented as provided in subsection (2) of this section, a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic violence protection order exists.
(4) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.
(5) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.
[ 2019 c 263 § 903.]
RCW 26.55.020
Enforcement of Canadian domestic violence protection order by law enforcement officer. (Effective July 1, 2022.)
(1) If a law enforcement officer determines under subsection (2) or (3) of this section that there is probable cause to believe a Canadian domestic violence protection order exists and that one or more of the provisions of the order identified in RCW 26.55.015 have been violated, the officer shall enforce the terms of the Canadian domestic violence protection order as if the terms were in an order issued in Washington state.
(2) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent, and on its face is in effect, constitutes probable cause to believe that an enforceable order exists.
(3) If a record of a Canadian domestic violence protection order is not presented as provided in subsection (2) of this section, a law enforcement officer is not prohibited from considering other relevant information in determining whether there is probable cause to believe that a Canadian domestic violence protection order exists.
(4) If a law enforcement officer determines that a Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.
(5) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.
[ 2021 c 215 § 81; 2019 c 263 § 903.]
NOTES:
Effective date—2021 c 215: See note following RCW 7.105.900.