Defenses to Domestic Violence in Washington State

In many domestic violence cases, people feel inclined to believe the accuser, and defendants often feel they have no hope of avoiding a conviction. However, numerous defenses can be asserted in a domestic violence case. If you are charged with domestic violence, hire a seasoned Tacoma domestic violence lawyer to determine which defenses work best for you.

Domestic violence is not a specific crime but a blanket term that applies to crimes committed against people you have personal or familial relationships. Specifically, the victim of a domestic violence offense must be a cohabitant or household member, or someone you have romantic connections with. Defenses may include challenging evidence, highlighting procedural errors, claiming self-defense, or proving that the victim is being dishonest.

Get a free case review from our Washington State domestic violence defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.

What Constitutes Domestic Violence?

The Revised Code of Washington R.C.W. § 10.99.020(4) describes domestic violence as a crime committed by one household or family member against another household or family member.

Household and family members include spouses and former spouses, people who have a child together, people related by blood or marriage, and people over the age of 16 who were or are dating. While the statute sets forth numerous crimes that constitute domestic violence, such as assault, burglary, and stalking, the list is not exhaustive.

Domestic violence is not a separate crime with elements that the State must prove. Instead, domestic violence charges merely alert the court to the nature of the relationship between the alleged offender and the victim. It allows the court to impose additional penalties and restrictions on the defendant if appropriate.

Strong Defenses to Domestic Violence

Under Washington law, there are numerous defenses that a defendant charged with a crime of domestic violence potentially can set forth.

Insufficient Evidence

As with any crime, if a person is accused of a crime of domestic violence, the State must prove each element of the crime alleged beyond a reasonable doubt to obtain a conviction. For example, if a person is charged with reckless endangerment domestic violence, the State must prove that the person engaged in conduct that was reckless and that created a substantial risk of death or serious physical injury.

If the State cannot meet its burden of proof, the defendant should be able to avoid a conviction.

If the State’s evidence is so lacking that it is clear from the start that the prosecutor is unable to meet their burden of proof, we can file a motion to dismiss for insufficient evidence. However, if the case is dismissed, prosecutors might be able to refile the charges if they find more evidence later.

Procedural Errors

The authorities, including prosecutors and the police, must follow strict procedures to make sure that the legal process is fair and that the defendant’s rights are not trampled. Procedural errors might be grounds for a dismissal if they are severe enough.

For example, suppose the police did not advise the defendant of their Miranda rights or made a warrantless arrest without a reasonable suspicion that a crime was being committed. In that case, the defendant may be able to preclude the State from admitting evidence gathered during or after the arrest, which may prevent the State from obtaining a conviction.

False Allegations

Individuals charged with a domestic violence crime might argue that the allegations are false. False accusations can arise in domestic disputes in which the parties cannot agree on child custody or support, or they have a contentious divorce.

Inconsistencies in the accuser’s report and any police records can help prove that accusations of domestic violence are false. We can also talk to people who know both you and the alleged victim. If the alleged victim planned on lying, they might have confided their plans in someone else, and we might get that person to testify about what they know.

Self-Defense

According to R.C.W. § 9A.16.020, a person may claim self-defense if the alleged victim in a domestic violence case attacked them first and they needed to use force to protect themselves. This law also allows a person to use force to prevent malicious trespass or other malicious interference with property.

If the defendant was in danger of harm at the time that the alleged domestic violence crime was committed, or if the defendant used force to protect his or her property, he or she may be able to argue that the use of force was lawful.

Evidence We May Need to Support Your Domestic Violence Defense in Washington State

No defense strategy is complete without evidence to support your defense arguments. The evidence we use may depend on what is available, and evidence is sometimes hard to find. Even so, our attorneys are prepared to build a strong defense with whatever evidence we can gather.

Witnesses

People close to the case may be able to offer details about first-hand knowledge regarding the alleged domestic violence. Those in your inner circle might be very helpful, although close friends and family members may have an obvious bias in your favor.

It may be a good idea to speak to people who are more neutral. For example, your neighbors might be able to testify as to whether they have noticed things like loud fights or other signs of domestic violence coming from your home or apartment.

Your neighbors might testify that they have never noticed any signs of domestic violence, which may seriously undermine the prosecution. Not only that, but they might not know you very well, meaning they have no reason to lie.

Evidence That You Were a Victim

If you acted in self-defense and are now facing domestic violence charges, we must have some evidence to support your claim that you were a victim and that fighting back was your only option.

The alleged victim might have abused you until you were forced to act in self-defense. In many abuse cases, there are old police reports and medical records that can be used to back up these claims. We can also talk to people close to you who might have known about the abuse or even witnessed it themselves.

Written and Electronic Communications

In domestic violence cases, the defendant and the alleged victim are usually very close to each other, and there may be a long history between them. If this sounds like your situation, there might be numerous texts, emails, and social media messages exchanged between you and the alleged victim over the years.

We may use these communications as evidence if they tend to show that you did not commit the crime with which you are charged. These messages may shed light on the nature of your relationship and show that the victim is the abuser.

Also, if the alleged victim is lying, there might be a digital paper trail to prove it. Emails or texts between you and the victim might indicate that they had planned to lie to get you in trouble. We might also find communications between the alleged victim and other people that prove they fabricated the entire story or fabricated material facts.

How to Protect Yourself While Your Domestic Violence Case is Pending in Washington State

Domestic violence cases can be very volatile, and you should talk to your attorney about how to protect yourself while the case is pending.

First, you should stay away from the victim, their friends, and their family. It might be tempting to try to confront the alleged victim face-to-face, but this is a bad idea. If there is a protection order against you, confronting the victim or members of their family might be a violation and lead to your arrest.

There may be other terms of the protection order that you must abide by, too. You might have to leave your home if you share it with the alleged victim, and your contact with children you share with the victim might have to be limited for a while.

One of the best ways to protect yourself is to tell your attorney everything. Domestic violence cases often involve embarrassing personal drama that you might not want to disclose. Remember, your attorney will not divulge private information without your consent, and being open, candid, and honest will help them help you.

Why You Should Call an Experienced Domestic Violence Defense Attorney

Prosecutors often show little leniency in domestic violence cases, and you need a skilled lawyer who can defend your rights.

Your personal reputation within your community may be irreparably damaged. An attorney can help you defend yourself and hopefully save your reputation.

On top of that, your family might be at stake. If you share children with the alleged victim, a conviction might make it difficult or impossible to see your children again.

Meet With a Knowledgeable Domestic Violence Defense Attorney in Tacoma

Get a free case evaluation from our Washington State domestic violence defense attorneys by calling the Law Offices of Smith & White at (253) 203-1645.