Every Domestic Violence Charge is Serious
There is nothing routine about any domestic violence incident. Even when the incident seems relatively minor, adding the ‘domestic violence’ label makes every matter serious.
In Washington State, an accusation of domestic violence (often simply referred to as DV Assault) is staggering and an arrest is potentially life altering.
If you're involved in a domestic violence incident and are arrested there's only one thing to do – call a domestic violence defense attorney.
Don't wait. Don't think for a moment that ‘things will work out’ once ‘calmer heads prevail.’ They won't. You must contact a Washington domestic violence lawyer and it must be as early as possible.
Here’s what you don't do: talk about it. Don’t talk to the police, your partner, your friends, your relatives, or social media. Talk only to your lawyer. Talk to Knauss Law.
What is Considered Domestic Violence in a Washington Criminal Case?
In Washington, a verbal and/or physical confrontation with a family member, a current or past ‘romantic’ partner, the mother or father of your child, or even a roommate can result in a domestic violence arrest.
IN MOST CASES, under Washington law domestic violence is defined as:
Any physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members.
Sexual assault of one family or household member by another.
Stalking of one family or household member by another family or household member.
Understanding the Severity of Domestic Violence Charges in Washington
What may seem like a relatively ‘minor’ criminal charge takes on a more sinister color when a ‘domestic violence’ label is attached to it.
When ‘domestic violence’ is added to simple assault, malicious mischief 3rd degree, interfering with reporting a crime of domestic violence, harassment, and violation of a no contact order they are each considered at least a gross misdemeanor.
4th Degree Domestic Violence Assault
A Domestic Violence Assault in the 4th degree can be charged where there is an allegation of a minor injury or even when there is no injury at all. An allegation of unwanted touching would be enough contact for an arrest.
It is important to understand that Washington law does not require an intent to create an injury. Contact that would ‘be considered offensive by a reasonable person’ is enough. Obviously, this is a subjective standard open to wide interpretation. In the hands of an experienced Washington domestic violence defense lawyer, it may be part of a successful defense.
What to Do After a Domestic Violence Arrest
The police are mandated to arrest someone when they are called to a potential domestic violence incident. Or what they believe may be a domestic violence incident. If you are arrested, call a criminal defense attorney with extensive experience with domestic violence charges as soon as possible. Call Knauss Law. Until you speak to us, do not talk to anyone else. Anything you say or do can only hurt you and any possible defenses you may have.
We cannot stress this enough: when someone is arrested for domestic violence the first - perfectly natural – instinct is to let the world know ‘it wasn’t me.’ We get it. It’s unfair, it’s embarrassing, it’s stressful, it feels like a betrayal. Expressing any of that to anyone other than your criminal defense attorney will only hurt you and your case.
Protect Your Rights and Seek Legal Counsel
Instead of trying to correct the situation on your own, tell us. The attorneys at Knauss Law have a long history of successfully defending domestic violence complaints. We will listen, we will vigorously see that your rights are respected and enforced.
Contact us. We will fight for you; we will work with you to get your life back.
Domestic Violence Charges and Criminal Procedure
It may seem like you've already been found guilty and have to prove your innocence. You wouldn't be wrong – the courts will always err on the side of caution. Always. The media's full of stories of domestic violence cases that weren't taken seriously at the outset and ended in murder. That’s not fair, it almost surely does not apply to you. The court, though, has no way to know that – you will not be treated gently as the process begins.
Immediate Consequences of a Domestic Violence Arrest
Arraignment, Bail, and No Contact Orders
You will be arraigned as quickly as you can be brought to court. Because it is a domestic violence charge bail will almost always be set - even when you have no criminal history. You will then be assigned a court date.
Before your release on bond, the judge will most likely order you to surrender any firearms you may possess. The judge may also issue a No Contact Order as a condition of bail. Consider this a restraining order that will prevent you from seeing your partner and children or even entering your home until the matter is settled.
A violation of that no contact order will result in added charges. Needless to say, during this phase of the case the only person who wants to hear your side of things is your lawyer.
'Recanting' After the Arrest
Here's something that happens more than you may think: the complainant doesn't want 'to press charges." They want the domestic violence case dismissed.
Understand that once you're arrested, the alleged victim may have little to no influence in trying to have the 'charges dropped.'
Prosecutors are more than a little skeptical when 'the victim' tries to walk back their original statement. They will question motivations.
An alleged victim who no longer wants a case to go forward and refuses to testify may be ignored. Once an arrest is made, the State of Washington, not the alleged victim, is the plaintiff in the criminal case. The prosecution can move ahead with charges despite the wishes of the alleged victim.
The Effect of a Domestic Violence Convictions in Washington
First, it is important to understand from the start that the impacts of a domestic violence conviction extend far beyond the penalties listed below. There is undoubtedly a stigma that follows a conviction despite how minor the underlying act may seem.
A conviction could mean legal impediments to being able to see one’s children, enter one’s own home, or even being allowed within the same general vicinity as the victim. Gun rights may be permanently denied. Promotions, finding a new job, security clearances, renting a home, and more will be negatively affected, if not made virtually impossible.
Criminal Penalties
Most DV charges are gross misdemeanors. Even though this is the least serious domestic abuse charge, the legal consequences are severe:
Up to a year of jail time- A $5,000 fine
- Up to 5 years of active probation.
- A 1-year mandatory ‘batterer’s treatment’ program
A Felony Domestic Abuse Conviction Can Result In:
- Prison time
- Thousands of dollars in fines and fees
- A significant probationary period post-release
Non-Criminal Penalties
These are the non-criminal consequences of domestic abuse convictions. They are in addition to the wide range of possible fines, jail time, and probation listed above.
What all domestic abuse convictions, regardless of severity, share is what they do to your life long after you serve your sentence:
- Damage to your reputation in the community
- Mandatory loss of gun rights
- Mandatory DNA sample for Federal Database
- Denial of employment or promotion
- Loss of licenses, certifications, security clearances
- Eviction or denial of housing
- Possible disqualification from volunteering in your child’s school
- Travel restrictions
- Expulsion, loss of scholarship, loss of campus housing
- No contact orders
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