Can Police Arrest You for Domestic Violence Without Witnesses in Washington St.?

Domestic violence is often treated differently from most other criminal offenses because it tends to involve people or family members with deep, personal, and complicated ties. The police may have broad authority to arrest even if no witnesses are present.

You may be arrested for domestic violence even if the police do not have any witnesses to rely on. Statistically, domestic violence situations are dangerous and volatile, and the police have broader authority to take suspects into custody in the interest of safety. When someone violates a protection order, they may be arrested without a warrant or witnesses. Similarly, if an adult has assaulted a family or household member within the past 4 hours, the police may arrest without a warrant or witnesses.

Get a private case review from our Tacoma, WA assault defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.

When Can the Police Arrest Someone for Domestic Violence Without Witnesses?

Under Washington State statutes, police may make an arrest without witnesses in certain circumstances. More specifically, the police have broader authority to arrest in situations involving domestic violence.

Domestic Violence Protection Order

The police are allowed to arrest a suspect if they have probable cause to believe that the suspect violated a domestic violence protection order. Additionally, violations of protection orders for sexual assault, stalking, or vulnerable adults may also lead to warrantless arrests. The suspect must actually know about the protection order when they violate it to be arrested without a warrant.

The police only need probable cause, not necessarily witnesses. Even without witnesses, the police might observe evidence or factors that give them enough probable cause to execute a warrantless arrest.

Extreme Risk Protection Order

An extreme risk protection order may be issued against someone the court deems to pose a serious, imminent risk of harm to a victim. These are not unusual in domestic violence cases. If the police have probable cause to believe you violated the terms of an extreme risk protection order, you can be arrested without a warrant. Again, probable cause here does not inherently require witnesses.

Four-Hour Rule

Even if there is no protection order against you, you can still be arrested without witnesses in certain domestic violence situations. The four-hour rule states that if a suspect has assaulted a family or household member within the last four hours and the assault is a felony, causes injuries, or was meant to put the victim in imminent fear of harm, the police may arrest the suspect without a warrant.

The suspect in this scenario must be at least 18 years old. The police do not have to definitively prove the facts of the assault before they make an arrest. They only need probable cause.

Mandatory Arrests for Domestic Violence in Washington St.

Many calls about domestic violence lead to mandatory arrests. In Washington State, the police must arrest a suspect if there is probable cause suggesting a crime has been committed or any of the above-mentioned violations have occurred.

For example, suppose a neighbor calls 911 and reports suspected domestic violence because they heard you and your spouse fighting. In that case, the police must arrest you if they observe probable cause suggesting a crime has occurred. Probable cases may include injuries to the victim or signs of a violent struggle, among other observable factors.

What to Do if You Are Arrested for Domestic Violence without Witnesses in Washington St.?

If you are arrested for domestic violence, you should stay calm, remain silent, and contact a lawyer for help as soon as possible.

Remain Calm and Cooperate

Domestic violence situations are already volatile, and the police may be on their guard when they arrive. If you are in the middle of a dispute or argument with the alleged victim, stop what you are doing and try to stay calm. Any signs of agitation, anger, or aggression will be taken very seriously by the police.

Call a Lawyer

If you are arrested, remain silent and do not answer any questions about the alleged domestic violence incident. After you are booked into custody, the police may want to question you about what happened, but they must read you your Miranda rights first. Invoke these rights clearly and directly, and get a lawyer immediately.

Challenge the Arrest and Evidence

Once our Lakewood, WA assault defense lawyers are present, they can advise you on whether you should answer questions from the police. If they believe the arrest was unlawful, they may demand that the police prove they had probable cause or that some other exception to the warrant requirement applied. Without any witnesses, probable cause might be scant.

FAQs About How You Can Be Arrested for Domestic Violence in Washington St.

Do the Police Need Witnesses to Arrest Someone for Domestic Violence?

No. The police need only probable cause that a crime has been committed or that protection orders have been violated to arrest someone for domestic violence. While witnesses might help the police, they are not legally required to establish probable cause.

Can the Police Arrest Me for Domestic Violence Without a Warrant?

Yes. Generally, the police should almost always obtain an arrest warrant first, but the law makes special exceptions for domestic violence situations that meet specific legal requirements.

When Can the Police Arrest Someone for Domestic Violence Without a Warrant?

The police may arrest someone for domestic violence without a warrant if the suspect is believed to have violated a domestic violence protection order or an extreme risk protection order, or if the suspect is an adult who has assaulted a household or family member within the last 4 hours.

What Should I Do if I am Arrested for Domestic Violence?

Domestic violence situations tend to be volatile, and you should do your best to stay calm and cooperate with law enforcement if you are arrested. Resisting may only make things worse. Avoid answering any questions about the alleged domestic violence incident until you have a lawyer present.

What Proof Do Police Officers Need to Arrest Someone Without a Warrant for Domestic Violence?

The police must have probable cause to believe that you violated a protection order, assaulted a family member, or otherwise can be arrested without a warrant. If the police claim probable cause, we will make them prove it. If they cannot, we can challenge the arrest and any evidence the police may have seized. Again, witnesses can help establish probable cause, but they are not always required.

What if an Arrest for Domestic Violence is Unlawful?

If we believe your arrest was unlawful, we can challenge it in court. Evidence seized pursuant to an illegal arrest may be considered tainted and should be excluded from the case.

Contact Our Washington St. Domestic Violence Attorneys for Legal Support.

Get a private case review from our University Place, WA assault defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.