Wash. Rev. Code » Title 9A · Chapter 9A.46
Revised Code of Washington

Wash. Rev. Code § 9A.46.040 (2026)

✓ current as of May 2026
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(1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may issue an order pursuant to this chapter and require that the defendant:
(a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;
(b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
(2) Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under this chapter. A certified copy of the order shall be provided to the victim by the clerk of the court.
(3) If the defendant is charged with the crime of stalking or any other stalking-related offense under RCW 9A.46.060, and the court issues an order protecting the victim, the court shall issue a stalking no-contact order pursuant to RCW 9A.46.055.
[ 2021 c 215 s 108; 2013 c 84 s 27; 2012 c 223 s 1; 2011 c 307 s 4; 1985 c 288 s 4.]

Notes:

Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1994–2021 · leading case: State v. Lee, 957 P.2d 741 (Wash. 1998).
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State v. Lee, 957 P.2d 741 (Wash. 1998). “060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact order or no-harassment order; (b) the person violates a court order issued pursuant to RCW 9A.46.040 protecting the person being stalked; or (c) the stalker…”
State v. Lee, 135 Wash. 2d 369 (Wash. 1998). “060, of the same victim or members of the victim’s family or household or any person specifically named in a no-contact order or no-harassment order; (b) the person violates a court order issued pursuant to RCW 9A.46.040 protecting the person being stalked; or (c) the stalker…”
State v. Alvarez, 872 P.2d 1123 (Wash. Ct. App. 1994). “RCW 9A.46.040 confirms the statute’s primary concern with prevention by providing that, when authorizing the release of a defendant charged with harassment before trial, the court may issue no-contact orders because of the "likelihood of repeated harassment directed at those who…”
State of Washington v. D.K.V., 483 P.3d 813 (Wash. Ct. App. 2021). “RCW 9A.46.040, .050. Nothing in chapter 9A.”
State of Washington v. Frank James Willing, Jr. (Wash. Ct. App. 2020). “592 , 598- 1 The pretrial anti-harassment protection order statute also specifically states a court may order the defendant to “stay away” from the protected person’s home.”
— Wash. Rev. Code § 9A.46.040(1)(a) — 1 case
State of Washington v. Frank James Willing, Jr. (Wash. Ct. App. 2020). “592 , 598- 1 The pretrial anti-harassment protection order statute also specifically states a court may order the defendant to “stay away” from the protected person’s home.”
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