You or a loved one has been arrested for Domestic Violence. Now what?

 
We’re betting you have several burning questions you want answered, which is why we created this page. Here you’ll find simple and straightforward answers to the questions that really matter to you right now. Despite this, the best way to make sure all of your questions are answered is to simply pick up the phone and give us a call for a free confidential consultation.

Michelle Will is a criminal defendant's dream come true... As a former prosecutor, she knows exactly how to counter the government’s accusations. She’s fearless, tenacious and eloquent. I highly recommend her as an advocate for those accused of crimes

Niranjan Thiagarajah

Attorney

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

Additional Questions

My family member/loved one was just arrested. When will he/she get out of jail?
In Washington State, if you are arrested for a crime involving domestic violence, you unfortunately cannot bail out of custody until after you have seen a judge. After arrested, will get a chance to see the judge within a couple of days at which point your attorney can argue to for release on personal recognizance (meaning you won’t have to pay anything). If this request is not granted and some amount of bail is required, we can assist with arranging to have a bail bondsman post bail right away.
Is there going to be a No Contact Order?
Most likely, yes. In the vast majority of domestic violence matters, judges and prosecutors will seek a no contact order, even if the person who made the accusations doesn’t want one. That said, we will do whatever we can to avoid a no contact order getting put in place when that is the desire of our client and the accuser. We can also seek modifications of the orders to allow phone/email/text contact and exchange of children.
Am I going back to jail?
Depending on a variety of circumstances, we are often successful in keeping our clients out of custody after the resolution of their case. However, there is no way to truly answer this question until we have had the opportunity to review all the evidence in the case, gather all the mitigating evidence from you, and negotiate with the prosecutor.
The person that accused me of this doesn’t want me prosecuted, isn’t that enough to have the charges dismissed?
No, once that phone call is made to 911, the accuser does not have the option of simply having the charges dropped. That decision now lies with the prosecutor. However, it certainly is not a bad thing when the accuser does not want the charges to go forward. We can give you more details about this when we speak.
The police want to talk to me to get my side of the story. Should I speak with them?
No. End of discussion. The police will act like they just want to talk to you. The truth is they only want to gather enough information to arrest you.

Common Questions About Our Firm

What can you promise me?
You’re not going to find a more qualified team to represent you, and we are going to get you the best possible result given the facts and circumstances of your particular case. We work really hard and are very accessible to our clients. Try calling or texting us right now; if we don’t pick up right away, we will get back to you very fast.
How will you get me the best possible result?

The short answer is through hard work. Here’s a little closer look:

Some of the legal issues we analyze while handling your Domestic Violence case:

  • Inconsistent statements made by the accuser
  • Lack of physical evidence to support accuser’s claims
  • Determination of whether any incriminating statements you made were in violation of your Miranda Rights
  • Legality of any search & seizure issues
  • Collecting additional witness statements that support our theory of the case
  • Private polygraph exams

Some of the mitigating factors we introduce and discuss during negotiation:

  • Humanize you to the prosecutor; we want to know everything about you. Give us your life story. We will memorize it and then be able to talk to the prosecutor very intelligently about you; as if we have known you for years
  • Gather a bunch of character reference letters for you
  • Depending on the circumstances, get proactive and have you undergo counseling/anger management classes at the early stages of the case
  • Explain the impact this matter will have on your job and family
If I retain your services, are you going to get my charges reduced or dismissed?
The only answer I can give you at this point is “it depends…” I know, not totally satisfying, but it is honest. If another attorney promises you more than that, then they are just trying to take your money. Get out of their office (or hand up the phone) as fast as you can.
How much are your services going to cost me?
We charge fair, competitive flat fees for our services. Here’s the problem you face with a lot of other attorneys: The ultra expensive guys aren’t going to get you a better result than we are, and the dirt cheap guys aren’t going to much of anything for you at all. That’s where we come in. While we certainly don’t have the lowest fees in Western Washington, we won’t make you take out a second mortgage either.
Do you exclusively handle Domestic Violence cases?
No, we don’t play marketing games like some other attorneys out there. We’re well-rounded and handle ALL criminal matters, including Domestic Violence…and not just a few domestic violence cases here and there. We’ve successfully handled hundreds of domestic violence cases over the years. Our secret is simple: we focus on what matters – getting you the best possible outcome.
I have a court date coming up ASAP, what do I do?!?
Hire an attorney! Is this answer self serving? Yes. Despite this, is it still the best possible thing you can do? YES.