Wash. Rev. Code » Title 10 · Chapter 10.99
Revised Code of Washington

Wash. Rev. Code § 10.99.045 (2026)

✓ current as of May 2026
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(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3)(a) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.
(b) For the purposes of (a) of this subsection, the prosecutor shall provide for the court's review:
(i) The defendant's criminal history, if any, that occurred in Washington or any other state;
(ii) If available, the defendant's criminal history that occurred in any tribal jurisdiction;
(iii) The defendant's individual order history; and
(iv) The defendant's firearms purchase history, including any concealed pistol license history.
(c) For the purposes of (b) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (d) of this subsection before the date of the appearance.
(d) The periods applicable to previous convictions and orders of deferred prosecution are:
(i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and
(ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the law enforcement agency pursuant to the procedures outlined in *RCW 10.99.040 (2) and (6).
[ 2021 c 215 s 77; 2010 c 274 s 301; 2000 c 119 s 19; 1998 c 55 s 2; 1994 sp.s. c 7 s 450; 1984 c 263 s 23; 1983 c 232 s 8; 1981 c 145 s 7.]

Notes:

*Reviser's note: RCW 10.99.040 was amended by 2023 c 320 s 1, changing subsection (6) to subsection (7).
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1983 c 232: See note following RCW 9.41.010.
Notes of Decisions
Cited in 10 cases, 1999–2016 · leading case: State v. Schultz, 48 P.3d 301 (Wash. 2002).
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State v. Schultz, 48 P.3d 301 (Wash. 2002). · cites it 3× “040, in conjunction with RCW 10.99.045, authorizes courts to issue pretrial no-contact orders as a condition of pretrial release pending trial.”
State v. Marking, 997 P.2d 461 (Wash. Ct. App. 2000). · cites it 4× “In domestic violence situations, a trial court may impose a no-contact order pretrial, RCW 10.99.045, or post-conviction, RCW 10.”
State v. Marking, 100 Wash. App. 506 (Wash. Ct. App. 2000). · cites it 3× “In domestic violence situations, a trial court may impose a no-contact order pretrial, RCW 10.99.045, or post-conviction, RCW 10.”
State v. Gray, 134 Wash. App. 547 (Wash. Ct. App. 2006). · cites it 2× “99 RCW, a listed statute, in conjunction with SMC 12A.06.130. ¶23 SMC 12A.”
State v. Gray, 138 P.3d 1123 (Wash. Ct. App. 2006). · cites it 2× “99, a listed statute, in conjunction with Seattle Municipal Code (SMC) 12A.”
State v. Anaya, 976 P.2d 1251 (Wash. Ct. App. 1999). · cites it 2× “*755 Citing RCW 10.99.045(3), 9 Anaya asserts that pretrial no-contact orders are contemplated “only” to set conditions of pretrial release.”
State v. Schultz, 146 Wash. 2d 540 (Wash. 2002). · cites it 3× “040, in conjunction with RCW 10.99.045, authorizes courts to issue pretrial no-contact orders as a condition of pretrial release pending trial.”
State v. Schultz, 25 P.3d 436 (Wash. Ct. App. 2001). “We first looked to RCW 10.99.045, the statute specific to arraignments.”
State v. Schultz, 25 P.3d 436 (Wash. Ct. App. 2001). “We first looked to RCW 10.99.045, the statute specific to arraignments.”
State Of Washington, Res. v. Curtis Wayne Rodgers, Jr., App. (Wash. Ct. App. 2016). “RCW 10.99.045(3)(a). When making a probable cause determination, a court "may consider affidavits .”
— Wash. Rev. Code § 10.99.045(3) — 5 cases
State v. Schultz, 48 P.3d 301 (Wash. 2002). “040, in conjunction with RCW 10.99.045, authorizes courts to issue pretrial no-contact orders as a condition of pretrial release pending trial.”
State v. Gray, 134 Wash. App. 547 (Wash. Ct. App. 2006). “99 RCW, a listed statute, in conjunction with SMC 12A.06.130. ¶23 SMC 12A.”
State v. Gray, 138 P.3d 1123 (Wash. Ct. App. 2006). “99, a listed statute, in conjunction with Seattle Municipal Code (SMC) 12A.”
State v. Anaya, 976 P.2d 1251 (Wash. Ct. App. 1999). “*755 Citing RCW 10.99.045(3), 9 Anaya asserts that pretrial no-contact orders are contemplated “only” to set conditions of pretrial release.”
State v. Schultz, 146 Wash. 2d 540 (Wash. 2002). “040, in conjunction with RCW 10.99.045, authorizes courts to issue pretrial no-contact orders as a condition of pretrial release pending trial.”
— Wash. Rev. Code § 10.99.045(3)(a) — 1 case
State Of Washington, Res. v. Curtis Wayne Rodgers, Jr., App. (Wash. Ct. App. 2016). “RCW 10.99.045(3)(a). When making a probable cause determination, a court "may consider affidavits .”
— Wash. Rev. Code § 10.99.045(5) — 2 cases
State v. Marking, 100 Wash. App. 506 (Wash. Ct. App. 2000). “In domestic violence situations, a trial court may impose a no-contact order pretrial, RCW 10.99.045, or post-conviction, RCW 10.”
State v. Marking, 997 P.2d 461 (Wash. Ct. App. 2000). “In domestic violence situations, a trial court may impose a no-contact order pretrial, RCW 10.99.045, or post-conviction, RCW 10.”
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