Washington Domestic Violence Lawyers

Domestic violence claims can be made or exaggerated for many improper purposes, including jealousy, resentment, rage, or to obtain leverage in divorce or child custody proceedings.  Nonetheless, because the conduct is often not witnessed, and because law enforcement and the public are often predisposed to sympathize with the alleged victim, defending against these claims can be difficult.  Through a thorough investigation, use of forensic and circumstantial evidence, and exposing the alleged victim’s motives, an experienced defense attorney can sometimes have charges dismissed, reduced, or obtain an acquittal at trial.

As a Skilled Domestic Violence Attorney In Washington State

I have successfully defended many claims relating to abuse, violation of protection orders, and other domestic criminal matters.  It is important to act swiftly if faced with domestic violence charges. For a confidential consultation, contact our office by phone at 855-898-2542, or through our online contact form.

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 to one another. This can include current or former spouses 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, and 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 injury to the alleged victim. This can be difficult to prove in many cases, particularly with the assistance of a defense attorney who will interview witnesses, review police reports, and present a full account of the alleged incident to the court.

Domestic Violence Law In Washington

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 member broadly, and includes spouses, adult relatives, adult members of the same household, persons with whom the defendant has or has had a dating relationship, and the other parent of the defendant’s child. Washington is one of a 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.

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.  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.

Domestic violence claims generally rest upon some other improper conduct, such as a physical or sexual assault, placing a person in imminent fear of harm, stalking, harassment, criminal trespass, and so forth.  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, and getting a defense attorney involved before charges have been filed is important.

Domestic violence complaints can be easily made.  Once they are made, the wheels of the state’s justice system begin moving, and 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 where 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.

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 to 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.

• Domestic Violence Crimes Overview in Washington State: Our attorneys can help accused Washington residents protect their reputation and find strategies to minimize their charges.
• Domestic Violence Charges in Washington State: Threatening, stalking or assaulting a domestic partner, spouse or other household member.
• Domestic Violence Penalties: Those facing domestic violence charges could face 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.
• Child Endangerment: The act of placing a child in danger or threatening their safety. Offenders could additionally face felony charges.
• Domestic Elder Abuse: Neglecting or abusing an elderly loved one whom you are responsible for caring for can lead to severe penalties and consequences.
• Stalking: Stalking falls into the criminal harassment category as this behavior reasonably causes the victim to believe they are in danger and could be harmed.

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. Punishment for an assault conviction depends, first, on the degree of the offense. 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.

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 defendant from any contact with the alleged victim. This can include contact in person or via telephone or internet. A courts may also enter restraining or protective orders against a defendant, both during a case and upon its conclusion. These can restrict a defendant’s liberty by prohibiting certain activities, 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 may order defendants to undergo psychiatric or psychological assessments, or complete classes like anger management.

Do the Gender of the Accuser And The Accused 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 Force Justified?

Washington’s criminal code allows a defense to assault charges in certain instances. The use of force is justified, according to state law, when it is used to defend oneself or another from an imminent offense against their 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.

How Might 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

The state does not necessarily treat alleged spousal abuse as a more serious offense than alleged domestic violence against another family or household members, but violence against a spouse occupies an especially negative place in the public’s perception. This perception can influence how prosecutors handle a prosecution for alleged domestic violence against a spouse.

The offenses listed in Washington’s definitions of domestic violence include assault, criminal trespass, kidnapping, burglary, rape, and stalking. The elements that prosecutors must prove depend on the crime or crimes they are alleging. Crimes that constitute domestic violence range from first-degree offenses, which require proof that a defendant acted with intent to cause harm, to fourth-degree or misdemeanor offenses, which may only require proof of a defendant’s negligence.

Penalties For Spousal Abuse In Washington

The penalties that courts may impose for domestic violence depend on the charged offense, and can range from fines to multi-year prison sentences. Courts have authority under Washington’s domestic relations laws to grant protective orders to alleged victims in spousal abuse and other domestic violence cases. This means that a court could order a defendant to remain a certain distance from the alleged victim, to stay away from certain locations, or to refrain from certain activities. This could also mean excluding the defendant from the defendant’s home, and preventing the defendant from seeing children or other family members.

Defending against a charge of spousal abuse involves countering the prosecution’s accusations, much of which will depend on challenging the prosecution’s evidence. Our defense includes careful review of all evidence, including medical records, police reports, and witness statements, as well as interviews with witnesses and inspection of any physical evidence.

Schedule Your Free, Confidential Consultation Today!

If you have been accused of domestic violence and need a criminal defense attorney in Seattle, Tacoma, Bellevue, Federal Way and throughout Washington, contact us online today, or call 855-898-2542.