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.”
45+ Years
Of Combined Experience
In Washington, domestic violence is not its own crime. It is a designation added to a charge such as assault or harassment when the people involved are family or household members or intimate partners, as defined in RCW 10.99.020. The underlying charge stays the same. The designation changes how the case is handled, starting at arrest.
Under state law, this relationship can include:
Most domestic violence charges in Washington are misdemeanors or gross misdemeanors; some, such as second-degree assault, are felonies. 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.
A DV allegation sets off a rapid and stressful chain of events. Understanding the process is the first step in building a defense.
Under RCW 10.31.100(2)(d), an officer must arrest when there is probable cause that an adult assaulted a family or household member or intimate partner within the previous four hours, and the assault was a felony, caused bodily injury, or was meant to make the person fear serious injury or death. When both people may have committed an assault, the officer arrests the one the officer believes is the primary aggressor.
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.
In King County, the first appearance is usually the next business day after booking. A booking late at night or on a weekend can push it later. At that hearing, the judge decides your release conditions and almost always issues a no-contact order.
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.
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.
A Domestic Violence conviction carries life-altering penalties that go far beyond the courtroom. You could face:
For the penalty ranges by charge, see our guide to Washington domestic violence laws and penalties.
This is not a battle you can fight alone. Will & Will’s domestic violence lawyers provide 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 investigations, 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.
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.
An accusation of assault, from a simple push to a more serious injury, becomes a high-stakes charge with a DV tag. That includes fourth-degree assault with a DV designation (often called assault 4 DV). Whether facing a completely false allegation or asserting self-defense, we work to expose inconsistencies in the accuser’s story.
When sexual assault allegations arise within a domestic relationship, the consequences are severe and can include significant penalties, including jail or prison time and, depending on the charge, sex offender registration. Our team handles these sensitive cases with the discretion and aggressive defense they require.
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.
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.
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.
A parent and child count as family or household members under RCW 10.99.020, so a conflict at home between a teenager and a parent can be charged as domestic violence. The same applies to stepparents and stepchildren, and to grandparents and grandchildren.
Cases against someone under 18 usually go to juvenile court under RCW 13.04.030. The process, the goals, and the rules about records are different from the adult system, so advice written for adults may not fit your child’s case. The mandatory arrest rule described in Step 1 is written for adults. A teen’s case can start differently, which is one more reason to get guidance meant for young people early.
Will & Will defends juvenile cases, including domestic violence allegations between a teenager and a family member. Our juvenile defense team can explain how juvenile court works for your child’s case and talk through your situation with you.
Michelle Will leads the firm’s domestic violence and protection order work. If your case goes to trial, a recognized trial lawyer stands beside you. Her recognition includes Super Lawyers 2022, Top 100 Trial Lawyers in 2020 and 2015, and Top 40 Under 40 in 2015.
Will & Will is a husband-and-wife firm run by Court and Michelle Will, and your case stays with them. The domestic violence lawyer you meet in the first conversation is the lawyer who handles your case, with no hand-off to a junior associate. Payment installments are accepted, so you can spread the cost of a private defense over time and get a lawyer involved before your first appearance.
Do not answer police questions; ask for a lawyer. A no-contact order is usually issued at your first appearance, and violating it is a separate crime even if the other person reaches out. If you were arrested for domestic violence in Washington, call a domestic violence defense attorney before that hearing.
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.
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. Your first appearance is usually the next business day after booking, so calling us before then gives us time to prepare.
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.
Violating a no-contact order is a separate crime, even when the protected person reaches out first. 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.
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.”
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:
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.
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:
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.
The answer to this varies depending on your particular situation, but there are three universal pieces of advice:
From there, we need to hear more about your individual situation to advise you further. In the meantime, please view our video below on the subject and visit our Under Investigation page.
No. In Washington, the prosecutor decides whether to file charges and whether to dismiss them, not the alleged victim. A defense DV attorney can tell you how the prosecutor is likely to proceed and what options exist for how to drop domestic violence charges in Washington State.
Usually not while a no-contact order is in place, if the protected person lives there. A domestic violence attorney defending your case can ask the court to modify the order, though the court decides and modification is not guaranteed. Until the order changes, follow it exactly as written.
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.
Payment installments are available. Schedule your confidential consultation.
