Washington Domestic Violence Defense Lawyers

If you have been accused of domestic violence, it can feel like life as you know it is ending. However, sometimes domestic violence claims are made or exaggerated by a romantic partner for improper purposes. These can include jealousy, resentment, rage or even to obtain leverage in divorce or child custody proceedings. Nonetheless, because the alleged conduct is often not witnessed, and because law enforcement and the public are often predisposed to sympathize with the purported victim, defending against domestic abuse charges can be difficult.

Through a thorough investigation, use of forensic and circumstantial evidence and by exposing the alleged victim’s motives, an experienced defense attorney can sometimes have charges dismissed, reduced or even obtain an acquittal at trial. At the Vindicate Criminal Law Group, our criminal defense attorneys help clients throughout the state of Washington who are facing criminal charges and possible jail time for accusations of domestic violence.

What Is Domestic Violence?

“Domestic violence” is a broad category of alleged criminal offenses in which the accused perpetrator and victim have a close family or household relationship with one another. This can include current or former spouses, romantic or domestic partners, parents, siblings, people related in other ways by blood or marriage and people who have a current or former dating relationship. The law defines dating as a “social relationship of a romantic nature.”

Alleged offenses that may fall under the definition of domestic violence include:

• Assault
• Burglary
• Criminal trespass
• Kidnapping
• Rape
• Stalking
• Violations of protective orders

The offense of “interfering with the reporting of domestic violence” is defined as an attempt by a perpetrator of domestic violence to prevent a victim from calling 911. These cases often begin with an allegation of some sort of physical altercation. Most cases of alleged domestic violence, particularly those involving assault charges, require the prosecution to prove that the accused acted with the intent to cause bodily injury to the alleged victim. This can be difficult to prove. In addition, the assistance of an experienced criminal defense attorney who will interview witnesses, review police reports and present a full account of the alleged incident to the court can help you avoid a domestic violence conviction.

Washington Domestic Violence Laws: Defining Family Members

The criminal code in Washington defines “domestic violence” as any of a series of offenses, all involving violence or the threat of imminent violence, committed against a family or household member. It defines family or household members broadly, and includes:

• Spouses
• Adult relatives
• Adult members of the same household
• Persons with whom the defendant has or has had a dating relationship
• The other parent of the defendant’s child

Washington is one of the handful of U.S. states that recognizes both opposite-sex and same-sex marriage, and prosecutors may bring charges of spousal abuse against any suspect regardless of gender.

Washington Domestic Violence Laws: Prosecuting Crimes Against Family Members

The law of the state of Washington recognizes domestic violence as a serious crime against society and recognizes that until the last few decades, domestic violence protections under the law have not always been evenly enforced by law enforcement. As a result, the state requires that criminal laws be enforced without regard to whether persons are married, cohabiting or in a relationship. Domestic violence claims generally rest upon some other improper conduct, such as:

• A physical assault
• A sexual assault or rape
• Stalking or harassment
• Placing a person in imminent fear of harm
• Endangering a child
• Domestic elder abuse
• Criminal trespass

When this conduct occurs between two individuals who are current or former spouses or partners, cohabiting family members, parents and other relatives of a child, or cohabitants who are or were dating, special legal protections come into play. Even the emotional or economic abuse of an individual where these family-type relationships are present can amount to domestic violence. Domestic violence claims can generally be charged as felonies or as misdemeanors depending on the circumstances.

How Accusations Of Domestic Violence Can Affect Your Divorce Or Custody Case

Washington statutes in noncriminal areas also address domestic violence. These provisions may take effect while a criminal case is pending, which could impact the defendant’s rights. For example, Washington’s domestic relations laws allow family law courts to take allegations or findings of domestic violence into account when deciding issues like child support and child custody. Therefore, getting a defense attorney involved before charges have been filed is important.

Federal Domestic Violence Defense

Federal laws also protect against domestic violence. These laws seek to limit domestic violence in two ways. First, federal law prohibits crossing state lines to physically injure an intimate partner, harass or stalk an intimate partner, or violate a protection order. This conduct is also prohibited on federal Indian lands. Second, federal law limits the rights of domestic abusers to own firearms. Violation of any of these federal laws is a felony.

What Are The Penalties For Domestic Violence In Washington?

The potential penalties for domestic violence vary based on the alleged offense and the circumstances of the case and the degree of the charges. There are a lot of factors that can go into someone’s sentencing range, and it is important to consult who can review your specific case. As an example, assault in the first degree is a class A felony that could result in life imprisonment and a fine of up to $50,000. Assault in the fourth degree, however, is a gross misdemeanor, punishable by up to one year in jail and a fine not exceeding $5,000. Punishment may also depend on the nature of the family relationship. In other words, penalties for conviction can include a prison sentence of up to one year or a life-long sentence in aggravated cases. Additionally, offenders could face fines ranging from $5,000 to $50,000.

Are There Consequences Besides Jail For Domestic Violence In Washington?

At any time during a domestic violence prosecution, the judge has the authority to impose a “no contact” order preventing a defendant from having any contact with the alleged victim. This can include contact in person or via telephone or the Internet. A court may also enter restraining or protective order against a defendant, both during a case and upon its conclusion.

Any of these orders have the potential to restrict a defendant’s liberty by prohibiting certain activities. For example, ordering a defendant to stay away from certain premises or ordering a defendant to remain a specified distance away from the alleged victim and his or her family at all times. Courts also have the authority to order a defendant to undergo psychiatric or psychological assessments or complete classes like anger management.

Does Gender Matter In Domestic Violence Cases In Washington?

Although women probably make up the majority of accusers in domestic violence cases, and men might comprise the majority of the accused, Washington’s statutes are neutral as to gender. These cases can occur with a woman as the alleged perpetrator and a man as the alleged victim. They can also occur between people of the same gender in any family relationship, including domestic partnerships and dating relationships.

When Are Self-Defense And The Use Of Force Justified?

Washington’s criminal code allows self-defense and the use of force as a defense to assault charges in certain instances. According to state law, the use of force is justified when it is used to defend oneself or another from an imminent offense against another person. The use of force must not be more than is reasonable and necessary to prevent or attempt to prevent the threatened offense.

The criminal code states that these acts are not unlawful, meaning a defendant does not have to prove self-defense or justified force. Rather, the prosecution must prove force was not justified. Still, evidence of the alleged victim’s attempted offense against the defendant or another person is very helpful.

Can An Accident Lead To A Domestic Violence Charge In Washington State?

An accidental injury may, in some cases, lead to a domestic violence accusation. As with false accusations, physical evidence and the credibility of the parties and witnesses are critically important. Any domestic violence charge requires proof by the prosecution of a criminal mental state, ranging from intent to cause harm to criminal negligence. An accident, by definition, occurs without criminal intent or criminal negligence. A defendant can present evidence of a lack of a criminal mental state through evidence of a good relationship with the alleged victim, a lack of prior accusations or charges, or the alleged victim’s refusal to testify against the defendant.

Spousal Abuse Charges In Washington

In the state of Washington, spousal abuse is the same as domestic violence. However, violence against a spouse is often considered especially negative by public perception. This perception can influence how prosecutors handle a prosecution for alleged domestic violence against a spouse.

Defending against a charge of spousal abuse involves countering the prosecution’s accusations and challenging the prosecution’s evidence. Our criminal defense team will conduct a careful review of all evidence, including medical records, police reports and witness statements. In addition, our team will conduct independent interviews with witnesses and inspections of any physical evidence.

False Claims Of Abuse And Domestic Violence

Particular protections are given to police officers in the enforcement of domestic violence laws. As a result of this public campaign against domestic violence, sometimes police, prosecutors and the courts are overzealous in the prosecution of alleged domestic violence and innocent people suffer as a result.

In addition, it is easy to make an accusation of domestic violence. Once an accusation is made, the wheels of the state’s justice system begin moving, and the recanting or dropping of charges by the complaining party will not necessarily stop the prosecution. Prosecutors have the discretion to continue to pursue domestic violence claims even when the alleged victim drops the charges.

The alleged victim is generally portrayed as one who suffers from battered person’s syndrome or a similar condition and is blaming him or herself and seeking to avoid confrontation with the alleged abuser. Often when the prosecution forges ahead in these cases, the defendant and the family suffer as a result.

Providing Skilled Defense For Allegations Of Domestic Violence

In any court proceeding for alleged domestic violence, a defendant has rights that police and prosecutors must respect at all times, and prosecutors have the burden of proving that a crime occurred. The help of a skilled domestic violence defense attorney in Washington state is critical to reviewing and challenging evidence and ensuring that the court hears your side of the story.

At Vindicate Criminal Law Group, our domestic violence defense attorneys have successfully defended many claims relating to abuse, violations of a domestic violence protection order and other domestic violence criminal matters. If you have been accused of emotional abuse, physical abuse or causing physical injury in your domestic relationship or an intimate relationship, it is important to act swiftly.

Consult A Domestic Violence Defense Attorney For Free

If you are facing accusations of domestic violence or been charged with a domestic violence crime, in Seattle, Tacoma, Bellevue, Federal Way or throughout Washington, our criminal defense lawyers at the Vindicate Criminal Law Group offer free, confidential consultations. To schedule your free appointment, contact our office by phone at 855-898-2542, or by sending us a message through our online form.