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Common Domestic Violence 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.
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
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
- Work Release
- Electronic Home Monitoring
- Loss of firearm rights
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?
- Telephone Harassment
- Malicious Mischief
- Interfering with Reporting Domestic Violence
- Violation of No Contact Order
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.