WPIC 36.50 Violation of a Court Order (RCW 26.50.110)—Gross Misdemeanor—Definition
11 WAPRAC WPIC 36.50Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.50 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.50 Violation of a Court Order (RCW 26.50.110)—Gross Misdemeanor—Definition
A person commits the crime of violation of a court order when he or she knows of the existence of [a] [an] [protection order] [restraining order] [no-contact order] [stalking no-contact order] [order issued for the protection of a vulnerable adult] [order issued for the protection of a sexual assault victim] [or] [foreign protection order], and knowingly violates:
[restraint provisions of the order prohibiting acts or threats of violence against, or stalking of, a protected party] [or]
[restraint provisions of the order prohibiting contact with a protected party] [or]
[a provision of the order excluding the person from a [residence] [school] [workplace] [or] [daycare]] [or]
[a provision of the order prohibiting the person from knowingly coming within or remaining within a specified distance of a location] [or]
[a provision of the order prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form). Use WPIC 10.02 (Knowledge—Knowingly—Definition) with this instruction.
Select the bracketed language that describes the type of order or orders that form the basis of the criminal prosecution.
Do not use this instruction for a violation of a criminal anti-harassment order violation of RCW Chapter 9A.46. See the Comment below for discussion of statutory amendments in 2013.
COMMENT
RCW 26.50.110(1) is frequently amended.
An earlier version of this instruction was cited with approval in State v. Clowes, 104 Wn.App. 935, 944, 18 P.3d 596 (2001).
Although not included in the pattern instruction, the statute also includes violation of a provision of a valid foreign protection order as defined in RCW 26.52.020, if the order specifically indicates that a violation will be a crime. RCW 26.50.110(1)(a)(v). See Comment to WPIC 36.51 (Violation of Court Order (RCW 26.50.110) Gross Misdemeanor—Elements).
The 2013 amendment to RCW 26.50.110 added stalking no-contact orders issued pursuant to RCW Chapter 7.92 and harassment orders issued pursuant to RCW 9A.46 to the list of orders covered by RCW 26.50.110. However, the Legislature did not correspondingly amend RCW 9A.46.110 to provide that a violation of a harassment order is also a violation of RCW 26.50.110(1). If the defendant is charged under RCW Chapter 9A.46 for violating a criminal anti-harassment order, do not use this instruction but instead use WPIC 36.51.03 (Violation of a Court Order (RCW Chapters 9A.46 and 10.14)—Gross Misdemeanor—Definition).
For further discussion, see the Comment to WPIC 36.51 (Violation of a Court Order (RCW26.50.110)—Gross Misdemeanor—Elements).
[Current as of April 2020.]
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