When you hear the words domestic violence, what comes to mind? In Washington, these two words refer to physical, emotional, or psychological harm inflicted by one partner on another within an intimate or familial relationship. This includes a range of abusive behaviors, including hitting, threats, verbal abuse, intimidation, and coercion.
Under Washington state law,domestic violence isn't confined to just physical abuse alone; it also includes behaviors like controlling actions, stalking, and even economic abuse. It is so important to recognize that domestic violence can have a serious impact on both men and women and can happen in any kind of relationship, whether it’s marriage, cohabitation, or just dating.
A criminal defense attorney’s role goes beyond defending the accused in the courtroom; they also serve as advocates in helping the individual understand the legal consequences of domestic violence charges. Attorneys are skilled at identifying weaknesses and inconsistencies in the prosecution’s case and can question the credibility of witnesses.
They can also challenge evidence that may have been improperly gathered. In cases where the evidence is strong, an experienced domestic violence attorney can negotiate for a lesser sentence or seek out alternative sentencing options, like counseling or rehabilitation programs, instead of prison time.
Domestic Violence Laws in WashingtonWashington law recognizes domestic violence (RCW 10.99.020) as an act of power and control where the abuser uses different tactics to manipulate or dominate the victim. Crimes like assault, battery, sexual assault, unlawful imprisonment, and even certain forms of harassment can be classified as domestic violence in the state if the perpetrator has a specific relationship with the victim, like if they are the spouse, partner, family member, or even roommate.
Protection Orders and Mandatory ArrestsUnderRCW 10.31.100, Washington law enforces a mandatory arrest policy for suspected abusers in domestic violence cases. Law enforcement is required to arrest a suspect without a warrant as long as there is probable cause for them to believe domestic violence has occurred. This even applies to cases when the victim decides they don’t want to press any charges.
The law ensures immediate protection for the victim. Specifically,RCW 26.50.030 allows victims to also seek out protection orders, which prohibit the abuser from contacting or approaching the victim. Violating these orders can result in severe penalties, including fines and further criminal charges.
Assault in the First DegreeFirst-degree assault (RCW 9A.36.011) is one of the more serious charges that can be classified as domestic violence under state law. It carries severe penalties that include long prison sentences, which can be enhanced to reflect the serious nature of the crime and the relationship between the parties involved.
Assault in the Third DegreeAssault in the third degree (RCW 9A.36.031) applies when someone commits an assault against a family member or household member without causing serious injury but still results in some kind of harm. It is a gross misdemeanor or felony, depending on the severity. In domestic violence cases, these charges can lead to jail time, fines, and mandatory counseling.
Domestic Violence Offender Treatment in WashingtonUnderRCW 43.43.830, there are laws requiring those convicted of domestic violence to go through treatment and counseling programs, as we previously mentioned. These programs are designed to address the root causes of abusive behavior. Offenders may be required to complete these programs as a part of their sentencing, parole, or probation terms.
The Penalties for Domestic Violence Crimes in WashingtonThe penalties for domestic violence crimes in Washington are defined under many different statutes. For example,RCW 9A.36.021 talks about assault in the second degree, which can be charged as a domestic violence offense if it involves a family member or household member.
Those convicted of domestic violence crimes can face jail time, fines, mandatory counseling, and firearms restrictions, as outlined inRCW 9.41.040. This statute prohibits individuals convicted of domestic violence offenses from possessing firearms.
In the case of severe or repeated offenses, the penalties become worse in the hopes of ensuring repeat offenders face stronger repercussions for their continued actions. These laws all reflect Washington’s great commitment to protecting victims and holding perpetrators accountable.
Washington is home to both busy cities and the serene beauty of national parks and a breathtaking coastline. It is also well known for its tech-driven economy; a vibrant cultural scene that includes world-class museums, theaters, and music festivals; and outdoor activities like hiking, skiing, and boating. Washington’s progressive laws and its forward-thinking policies extend into its criminal justice system and are designed to balance victim protection with the rights of the accused.
The Value an Experienced Criminal Defense Attorney Brings to the TableAn experienced criminal defense attorney knowledgeable of domestic violence law in Washington can prove to be an invaluable asset when you or a loved one are facing domestic violence charges. They have a deep understanding of the complex laws and legal procedures around these cases and can help ensure that the rights of the accused are protected.
From investigating the circumstances surrounding each case to identifying weaknesses in the evidence presented by the prosecution, your criminal defense attorney can build a strong defense for you that is tailored to the details of your specific case. This level of expertise allows them to challenge evidence, cross-examine witnesses, and negotiate plea deals or reduced charges on your behalf, all of which can significantly impact the outcome of your case.
Beyond their legal knowledge, your criminal defense attorney can provide you with much-needed emotional and strategic support and help you get through the nuances of a criminal trial. Leveraging a network of attorneys specializing in domestic violence cases can help ensure the best possible outcome and chance for a fair trial and favorable resolution.
There is a terrible stigma with a domestic violence conviction. Most people automatically classify you as a “wife beater,” when in reality, things are far more murky. This prejudice against anyone facing a domestic violence accusation is a difficult hill to climb, which is why it is especially important that you hire an experienced attorney to navigate you through this difficult process. Washington State Attorneys are here to help.
The “DV” moniker actually is a designation that can be attached to any type of crime that can be committed against another person. It is not simply for assault cases. For example, if a wife pours paint onto the car the husband owns, she can be charged with DV malicious mischief.
Additionally, DV occurs in situations beyond simply between a husband and wife. Criminal acts against siblings, your children, your parents, step-parents, ex-girlfriend, same sex boyfriends, etc., are all capable of being designated as domestic violence.
Most DV cases can be quite tricky. Emotions run very hot due to the relationships, and if the parties wish to continue to interact, a criminal charge can have serious consequences, including a no-contact order, domestic violence treatment classes, and loss of fire arm rights. Beyond that, many cases boil down to a he-said she-said type of situation, which comes with its own issues.
A common misconception with DV cases is the thought that the “victim” is controlling the case. In reality, once the police get involved, the government is in control. Prosecutors regularly proceed with cases even when “victims” are not cooperating. There are many examples of when this is a very good policy, but unfortunately, there are also just as many situations where it is not proper.
If you are facing a domestic violence case, contact our office for a free consultation to discuss your situation. Our experienced criminal defense attorneys would be glad to answer your questions and help you determine the best course of action for your case.