Auburn, WA Domestic Violence Defense Lawyer

Domestic violence charges often come with serious penalties and an unfortunate social stigma. Even if the charges are dropped completely, the damage to your reputation within your community might already be done. Get a lawyer as soon as possible to protect your rights and your good name.

A person may be charged with domestic violence if they commit a crime against a member of their household, a romantic partner or spouse, or with people with whom they have a similarly close relationship. Depending on your specific situation, charges may be upgraded and include higher penalties, or domestic violence may be considered as an aggravating factor during sentencing.

Get a confidential legal review from our domestic violence defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.

How Can Someone Be Charged with Domestic Violence in Auburn, WA?

There is no single specific criminal charge for domestic violence, but the label may be applied to numerous other offenses.

Crimes Against Household Members

Often, domestic violence charges result from alleged crimes committed against adult household members. This can include spouses, siblings, parents, other relatives, and possibly even roommates.

A person may be charged with domestic violence for allegedly committing numerous different violent crimes against a household member. For example, assault, kidnapping, burglary, and even criminal trespass may be labeled as domestic violence offenses.

Abuse Allegations

Many domestic violence cases stem from claims of abuse. It is not unusual for victims to claim that the defendant physically abused them over a period of time. Cases like this often involve romantic or married partners, and adult children are sometimes involved.

Domestic abuse cases often involve a combination of criminal charges, and you may need to defend yourself on multiple fronts.

Non-Violent Charges

Not all domestic violence charges are violent in nature. For example, many defendants are accused of stalking or harassing alleged victims. This is not unusual when the defendant and victim are former romantic partners, and the relationship ended badly.

How to Fight Domestic Violence Charges

Domestic violence charges should only apply under specific circumstances, and prosecutors must be prepared to prove their claims with evidence.

The Nature of Your Relationship with the Alleged Victim

Whether criminal charges are labeled as domestic violence often depends on the relationship between the alleged victim and the defendant. In general, the victim must be a household member in the defendant’s home, a romantic partner, or a spouse.

Crimes against parents, siblings, partners, or adult children within your home may lead to domestic violence charges. If you do not have this kind of relationship with the victim, our domestic violence defense attorneys can challenge the label of domestic violence.

Self-Defense and Justification

It is possible that you did use force against a household member, but only because you were protecting yourself. Many domestic violence cases stem from volatile personal relationships.

Perhaps the victim has been hitting or abusing you for some time before you finally fought back. Successfully proving self-defense may help you get the charges dropped or dismissed.

Dishonest “Victims”

Unfortunately, many domestic violence claims stem from disputes or disagreements between romantic partners. One partner might accuse the other of domestic violence out of anger, even though no violence occurred.

In especially toxic situations, alleged victims convince friends or family members to lie for them, making their claim seem more legitimate. If the victim is lying about what happened, talk to your lawyer so they can determine the best way to get to the truth.

Possible Penalties for a Domestic Violence Conviction

Domestic violence charges often lead to harsher penalties. Convicted defendants may also experience numerous collateral consequences.

Incarceration

Domestic violence charges often lead to incarceration. When a crime is labeled as domestic violence, the charges may be upgraded, and incarceration may be longer. Even if your charges are not automatically upgraded, incarceration may still be harsher because domestic violence may be considered an aggravating factor during sentencing.

Collateral Consequences

Domestic violence defendants are often not allowed to keep any firearms or dangerous weapons. A defendant may be required to relinquish them if they are charged with domestic violence. If the defendant is convicted, they may not get their gun back, and they may be prohibited from owning a firearm in the future.

A convicted defendant may also face child custody issues. Family Courts may hesitate to award custody of a child to someone convicted of domestic violence or abuse.

Protection Orders

The victim may request an emergency protection order, and the court may grant it without a hearing or even without consulting you first.

Protection orders may restrict your ability to visit the victim or other household members, including your own children. If a protection order is overly harsh, your lawyer may help you challenge the order or argue to have it altered to be less restrictive.

FAQs About Fighting Domestic Violence Charges in Auburn, WA

What Constitutes Domestic Violence in Auburn, WA?

Domestic violence is not one criminal charge but a category of offenses. A person may be charged with domestic violence if they are accused of committing certain crimes against household members, family members, romantic partners, and others with similar, close relationships.

What Are Penalties for Domestic Violence Crimes?

Penalties for domestic violence charges vary based on the underlying offense. Even so, the presence of domestic violence within the case may lead to upgraded charges and harsher penalties. Even if criminal statutes do not explicitly require charges and penalties to be upgraded, the presence of domestic violence will almost undoubtedly be considered as an aggravating factor during sentencing.

Can You Still See Your Family if You Are Charged with Domestic Violence?

Maybe. Many domestic violence cases involve alleged crimes committed against spouses or partners with whom the defendant shares children. As your case unfolds, you may be bound by protection orders that require you to stay away from the alleged victims and, by extension, your own children.

How Do You Fight Domestic Violence Charges?

There may be multiple ways in which you can fight domestic violence charges. It is possible that you acted in self-defense and that the victim attacked you first. It might also be possible that the victim is being dishonest about what happened. This is unfortunately common, and we can search for witnesses who know the truth who can testify on your behalf.

Will a Domestic Violence Charge Affect Custody of Your Children?

Being convicted of a domestic violence offense could affect child custody arrangements, but this decision is made by Family Court, not criminal trial courts. If you have been convicted of a domestic violence offense and are in the middle of child custody hearings, you should speak to a family law lawyer immediately.

Contact Our Domestic Violence Defense Attorneys in Auburn, WA for Help

Get a confidential legal review from our domestic violence defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.