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State Message Forums => Washington State Forum => Topic started by: 4honor on Dec 01, 2005, 09:51:30 AM
WA state Supreme Court holds that you can be jailed on a the vioplation of a RO whether it is a vaild order or not:
"The elements of a crime are those facts 'that the prosecution must
prove to sustain a conviction.' Black's Law Dictionary 559 (8th ed. 2004).
It is proper to first look to the statute to determine the elements of a
crime. Cf. State v. Emmanuel, 42 Wn.2d 799, 820, 259 P.2d 845 (1953).
The statute says in relevant part that '(w)henever an order is granted . .
. and the . . . person to be restrained knows of the order, a violation . .
. . is a class C felony if the offender has at least two previous
convictions.' RCW 26.50.110(1), (5).
Nothing in the statute requires the State to prove the validity of a Washington no-contact order. "
taken from an unpublished opinion:
Supreme Court of the State of Washington
Opinion Information Sheet
Docket Number: 76156-6
Title of Case: State of Washington, Respondent V Clay Jason
Miller, Petitioner.