Can I Be Charged with Domestic Violence in Washington if There Was No Physical Injury?

Many people believe domestic violence charges only apply when someone is physically hurt. In Washington State, that is not the case. Domestic violence is not a single offense. Instead, it is a legal label attached to certain crimes when they involve an intimate partner, family member, or household member, according to RCW 10.99.020(4). This means you can face a domestic violence charge even if the alleged victim has no visible injuries.

In Tacoma and Pierce County, law enforcement and prosecutors treat domestic violence cases seriously. Even without injury, you could be arrested, charged, and forced to defend yourself in court. Understanding how Washington law works in these situations is crucial to protecting your rights.

For immediate help with your case, contact our Tacoma, WA domestic violence defense attorneys at the Law Offices of Smith & White at (253) 203-1645.

What Domestic Violence Offenses Do Not Require Physical Injury?

Many domestic violence charges in Washington do not depend on proof of harm. Instead, the law focuses on the relationship between the people involved. If the relationship qualifies, even non-violent acts can carry the domestic violence label.

Some common non-injury domestic violence charges include:

Reckless Endangerment — Putting another person at risk of death or serious injury, even if they are not harmed (RCW 9A.36.050).
Burglary — Entering a partner’s or family member’s home without consent to commit a crime inside.
Criminal Trespass — Refusing to leave a residence or entering it without permission.
Malicious Mischief — Destroying or damaging property belonging to a partner or family member.
Protection or No-Contact Order Violations — Contacting someone despite a court order prohibiting it, even if the interaction is non-violent.

These charges may range from gross misdemeanors to serious felonies, depending on the facts of the case.

Hypothetical Examples of Non-Injury Domestic Violence Cases

To see how these cases might arise in real life, consider these hypothetical examples:

Risk Without Injury: A father drives recklessly with his young child in the car after an argument with his spouse. Even if the child is unharmed, prosecutors may file reckless endangerment charges with the domestic violence designation.
Break-In Without Confrontation: A woman enters her ex-partner’s apartment without permission to retrieve her belongings and is accused of taking other property. This could result in burglary charges as a domestic violence offense.
Threat Without Contact: During an argument, one partner throws a heavy object against the wall. Although no one is injured, the action could be considered reckless endangerment.
Court Order Violation: A man under a no-contact order texts his partner to apologize. Even without threats or harm, the violation can lead to another domestic violence charge.

These examples show how broad the law is. Physical harm is not required for the state to move forward.

Can You Go to Jail for Domestic Violence Without Injuries?

Yes. Jail or prison is possible in Pierce County even when the alleged victim is uninjured. The penalties depend on:

The specific charge (misdemeanor vs. felony)
Prior convictions or criminal history
Aggravating or mitigating factors

For example:

A gross misdemeanor conviction may lead to up to 364 days in jail and fines of $5,000 (RCW 9A.20.021).
A Class C felony conviction can bring up to five years in prison and $10,000 in fines.
Class B and Class A felonies may result in 10 years to life in prison, depending on the offense.

The absence of injury sometimes works in a defendant’s favor, as judges may consider it a mitigating factor. However, if the defendant has prior domestic violence convictions, the penalties will almost certainly be harsher.

Defending Against Non-Injury Domestic Violence Charges

Defending a case without injuries often means highlighting weaknesses in the prosecution’s evidence. Common defense strategies include:

Pointing out the absence of injuries. This makes it harder for the prosecution to convince a jury that abuse occurred.
Challenging credibility. If the case is based solely on the alleged victim’s word, the defense can focus on inconsistencies.
Presenting alternative explanations. Actions may be misinterpreted or exaggerated during heated arguments.
Seeking reduced charges or dismissal. If evidence is weak, a plea bargain or outright dismissal may be possible.

Every case is unique, but the absence of injuries often gives defense attorneys more leverage in court.

Can Charges Be Dismissed if There Are No Injuries?

Prosecutors may decide to drop a case when evidence is insufficient. Dismissals are more likely when:

There are no medical records, photos, or physical proof.
Witnesses do not back up the alleged victim’s claims.
The alleged victim changes their story or declines to cooperate.

Still, a dismissal does not always mean the matter is over. If a case is dismissed without prejudice, prosecutors may refile charges later if new evidence surfaces and the statute of limitations has not expired. That is why it is important to follow all court orders and avoid contact with the accuser.

What If the Alleged Victim Lied About Being Injured?

False accusations can and do happen. In some cases, people exaggerate or fabricate claims during breakups, custody disputes, or other conflicts. If the alleged victim cannot provide supporting evidence, the case may not hold up in court.

The defense does not always need to prove dishonesty. Instead, raising doubt about the credibility of the allegations may be enough. The prosecution carries the burden of proof beyond a reasonable doubt, and without evidence of injury, that burden is harder to meet.

FAQs About Non-Injury Domestic Violence Charges in Tacoma

Can Tacoma police arrest me for domestic violence without injuries?
Yes. Under Washington law, police may arrest based on probable cause, even without visible injury.

Does Pierce County have special domestic violence courts?
Pierce County Superior Court often handles domestic violence cases through standard criminal dockets, but DV cases are prioritized, and prosecutors treat them seriously.

Can a no-contact order be issued without proof of injury?
Yes. Judges can issue protection or no-contact orders even if there are no injuries. Violating these orders can bring new charges.

If my case is dismissed, will it stay on my record?
Even a dismissed charge may appear on your record. Washington law provides limited options for sealing or vacating records, so legal guidance is essential.

What to Do If You Are Charged with Domestic Violence Without Injury in Tacoma

If you are arrested, follow these steps immediately:

Do not try to explain yourself to police. Anything you say can be used against you.
Exercise your right to remain silent until you speak with an attorney.
Share all details of your case with your lawyer, including whether you believe the accuser exaggerated events.
Do not assume a plea deal is your only option. A lawyer can evaluate whether your case should go to trial or whether dismissal is possible.

Call Our Tacoma Domestic Violence Defense Lawyers Today

Domestic violence charges in Washington are serious, even without physical injury. These cases can affect your freedom, reputation, and future. Having an experienced defense attorney in Tacoma can make all the difference in achieving the best possible outcome.

For help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.