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What is Domestic Violence in Washington State?

In Washington, “Domestic Violence” (DV) is not a separate crime. Instead, it is a legal designation added to another criminal charge, like assault, harassment, or malicious mischief, when the alleged incident involves a specific relationship.

Under state law, this relationship can include:

  • Current or former spouses or domestic partners
  • People who have a child together
  • Family members related by blood or marriage
  • Current or former roommates
  • Individuals in a past or present dating relationship

This DV “tag” can trigger severe consequences, including immediate arrest and the imposition of a No-Contact Order, drastically altering the legal landscape of your case.

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The Process of a Domestic Violence Case

A DV allegation sets off a rapid and stressful chain of events. Understanding the process is the first step in building a defense.

Step 1. Mandatory Arrest

Washington law strongly encourages arrest when officers determine there is probable cause and identify a primary aggressor at the scene of a Domestic Violence call. Officers make this judgment call on the spot, often with incomplete information.

Step 2. First Appearance & No-Contact Order

The police will take you to jail, and you’ll be booked into custody. You’ll then have to spend the night in jail. In most circumstances, you will have a hearing the next day. Exceptions to this include:

  • If you are booked after midnight, there will most likely be a delay of a day. For instance, if you are booked on Monday “night” but it’s after midnight (so technically early Tuesday morning), then rather than having a hearing on Tuesday, you would most likely not have a hearing until Wednesday in most jurisdictions.  
  • If you are booked on a Friday, some jurisdictions do not hold First appearances (or any hearings) on Saturdays, meaning you would have to wait until Monday. That said, there are several jurisdictions that hold Saturday hearings.
  • If you’re booked on a Saturday, you’re likely going to be stuck in jail until Monday.

At this first appearance, arguments may be made regarding ‘probable cause’. From there, arguments will be made regarding your conditions of release — we would argue for release on your personal recognizance, and the prosecutor would likely argue for bail. The judge is also very likely to issue a No-Contact order, preventing you from contacting the alleged victim, which would result in preventing you from going home if you live together.

Step 3. Pre-Trial Proceedings

Your case moves through a series of court dates where your attorney gathers evidence, files legal motions to challenge the prosecution’s case, and negotiates with the prosecutor for potential resolutions like dismissal or reduced charges.

Step 4. Resolution or Trial

Many Domestic Violence cases are resolved during the pre-trial stage. However, if a favorable resolution cannot be reached, your case may proceed to trial, where the prosecution must prove its case against you beyond a reasonable doubt.

Domestic Violence Penalties in Washington And How Will & Will Can Help

A Domestic Violence conviction carries life-altering penalties that go far beyond the courtroom. You could face:

  • Jail or prison time
  • Long-term No-Contact Orders disrupting your family life
  • Mandatory domestic violence treatment programs
  • A criminal record affecting employment and/or housing
  • Loss of your right to own or possess firearms
  • Substantial fines and court costs

This is not a battle you can fight alone. Will & Will provides the strategic defense necessary to protect you from these consequences. We meticulously analyze police reports for errors, challenge the credibility of the accusations, conduct defense investigation, and fight to dismantle the prosecutor’s case piece by piece. Our goal is to achieve the best possible outcome, whether that’s a pre-trial dismissal, a reduction of the charge(s), or a not-guilty verdict at trial.

washington state domestic violence laws

Defending Against All Types of Domestic Violence Allegations

The DV designation can be attached to a wide range of underlying charges. We have a proven track record of defending clients against all of them.

Assault Charges with a Domestic Violence Designation

An accusation of assault, from a simple push to a more serious injury, becomes a high-stakes charge with a DV tag. Whether facing a completely false allegation or asserting self-defense, we work to expose inconsistencies in the accuser’s story. 

Sexual Assault Allegations in Domestic Violence Cases

When sexual assault allegations arise within a domestic relationship, the consequences are severe and can include significant penalties, including potential sex offender registration and/or jail or prison time. Our team handles these sensitive cases with the discretion and aggressive defense they require. 

Stalking and Harassment Charges with a Domestic Violence Designation

Allegations of repeated unwanted contact, threats, or surveillance can lead to felony charges. We challenge the evidence and demonstrate when communication does not meet the legal definition of criminal harassment or stalking

Child Endangerment Charges Related to Domestic Violence

If a child was present during an alleged DV incident, you could face additional charges for endangerment. We work to protect you from these compounding allegations that put your parental rights at risk.

Criminal Trespass Charges with a Domestic Violence Designation

This charge can arise if you are accused of unlawfully entering or remaining in a place, such as an ex-partner’s home, often in violation of a court order. We defend your rights and challenge the basis of the trespass allegation.

What to Do If You Are Charged with Domestic Violence

Your actions immediately following an accusation are critical. Follow these steps to protect yourself:

Invoke Your Right to Remain Silent

Do not talk to the police. Do not try to “explain your side of the story.” Politely state that you will not answer any questions, and you want to speak with an attorney.

Contact Will & Will Immediately

The sooner we get involved, the more we can do to control the narrative and protect your rights. Our early intervention can make a significant difference in the outcome of your case.

Preserve All Evidence

Save any text messages, emails, social media, photos, or videos that could support your case or challenge the accuser’s claims. Do not delete anything.

Strictly Obey Any Court Orders

If a No-Contact Order is issued, you must follow it. Do not respond to any communication from the protected person. A violation is a separate crime and will severely damage your case.

Common Domestic Violence Questions

What Qualifies as Domestic Violence?

The relationship between the parties involved. If the person accusing you is a family member, or you are in a dating relationship, or you live together, then there’s a good chance the offense will be labeled as “domestic violence.”

What are some common offenses that get charged as domestic violence?
  • Assault
  • Harassment
  • Telephone Harassment
  • Malicious Mischief
  • Stalking
  • Interfering with Reporting Domestic Violence
  • Violation of No Contact Order
What are some of the potential results I can expect?

Because every case has its own unique set of facts and circumstances, it’s not possible for us to tell you what result you will get on your particular case until we have had a chance to fully litigate it. That said, here are some potential results; all of which we have achieved for our clients:

  • Dismissal of charges in the pre-trial stages
  • Stipulated Order of Continuance (leads to dismissal of charges)
  • Deferred Prosecution
  • Reduction of charges
  • Reduction of penalties
  • Not guilty verdict after trial

We explain these potential outcomes in a little more detail further down the page, but it’s best to simply call us for a full explanation of what these outcomes mean and how we can achieve them.

Besides jail, what other potential consequences am I looking at?

Because there is such a wide variety of potential outcomes, we don’t want you to get ahead of yourself with worrying about every single potential consequence, but because we know this is often a burning question, here are a few:

  • Protection order
  • Probation/Community Custody
  • Domestic Violence classes
  • Fines
  • Work Release
  • Electronic Home Monitoring
  • Loss of firearm rights
What happens if I’m convicted?

The consequences of a conviction vary greatly depending on the charge and other circumstances. We list some potential consequences here, but in order to get the more specific answers about your particular case, simply pick up the phone and give us a call.

  • Jail/Prison Sentence
  • Registration as a sex offender
  • Felony Conviction, leading to loss of rights such a voting and possession of firearms
  • Formal probation/Community Custody
  • Counseling/therapy
  • Alternative sentencing such as work release, electronic home monitoring, and/or community service
  • Fines
  • Loss of job
I’m currently under investigation for a domestic violence crime, what should I do?

The answer to this varies depending on your particular situation, but there are three universal pieces of advice:

  1. Do NOT talk to the police
  2. Do NOT talk to anyone else about the situation either as you run the risk of creating witnesses for the government
  3. Consult with an Attorney

From there, we need to hear more about your individual situation to advise your further.  In the meantime, please view our video below on the subject and visit our Under Investigation page.

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Take Control with our Trusted Domestic Violence Defense Team

An accusation of domestic violence does not have to ruin your life. With 45+ years of combined experience, the dedicated husband-and-wife team at Will & Will is ready to fight for you. We limit our caseload to ensure your case gets the personal attention it deserves. Your freedom and future are on the line. Let us build the powerful, strategic defense you need. Schedule your confidential consultation.

  • We only handle cases in Washington State. What City/County is your case located in?