Tacoma Domestic Violence Defense Attorneys
Domestic violence is not a specific criminal charge in Washington but refers to various criminal acts directed at specific people. Domestic violence-related offenses have many consequences for defendants, consequences we may help avoid by preventing a conviction.
Assault, kidnapping, or rape of a family member, household member, or intimate partner are examples of domestic violence. Washington sometimes lets police officers make arrests without warrants when they respond to domestic violence calls, and they often do. This can lead to wrongful arrests that our lawyers can help handle. Call us after an arrest, whether it happens at your home after a 911 call or at your job, because officers have a warrant.
Get help with your case from the Law Offices of Smith & White’s domestic violence defense lawyers when you call (253) 525-8036.
Domestic Violence Charges Are Taken Very Seriously in Washington
Have you been accused of assault with a domestic violence designation attached? You’re finding out that this is taken very seriously in Washington. The potential penalties you now face are jail time, fines, mandatory treatment programs, mandatory counseling. This is not to mention the other real-life penalties you may now be facing such as possible divorce, your loved ones being afraid of you and the negative feelings you may be getting from your friends and family due to the societal stigma that’s been put on domestic.
You may be wondering what makes this situation be taken so seriously. You’re probably understanding of the fact that any assault is going to be viewed as serious. After all, it’s a violent crime. But you may be wondering why it is that a domestic violence designation aggravates the charge to such a higher degree. The reason for this is due to the proven effects that domestic violence can have and these are both immediate and long term.
Essentially, the reason that Washington prosecutes domestic violence cases so aggressively is that they view the effects of these cases on the victim as being physical, financial, emotional, and psychological.
Domestic Violence Charges Affect Entire Families
Domestic violence affects the victim. Domestic violence affects the children in the home. Domestic violence even affects the perpetrator. You were probably aware of this. After all, some of these affects are of course the legal issues you or someone you care about are now facing charges of assault with a domestic violence designation. What you may not be aware of is that domestic violence has negative effects over all of society.
It has been shown that domestic violence victims have much higher than normal tendencies to have physical problems like ulcers and heart problems, mental problems like depression and PTSD and social problems with relationships. Although not as much has been written on the topic it has also been shown that the effects on abusers mirror those which victims suffer from. In every incident of domestic violence there is a likelihood that it is creating two people who will struggle to fit in with society and some will no longer be able to be productive. Two people may not sound like enough to worry about, certainly not enough to affect society but realize that this is occurring in thousands of households.
Of course this problem is going to occur with the children. It has been shown that children who even just witness domestic violence struggle with school and are generally one and a half years behind their peers developmentally. Of course this is going to make the difficult work of the schools that much harder. It has also been shown that they are more prone to juvenile delinquency and quite often adult criminals. So domestic violence, which is a crime, may create just even more crime from the children who watch it. Saddest of all effects that it has on children is that many grow up to be abusers or victims themselves thereby continuing the cycle of the domestic violence problem and putting the strain right back on society.
The Different Types of Domestic Violence Charges in Tacoma
Domestic violence encompasses a range of criminal acts against an intimate partner, household member, or family member. This includes…
- Assault in any degree
- Reckless endangerment
- Kidnapping
- Rape
- Unlawful imprisonment
- Stalking
- Violating restraining, no-contact, or protection orders
- Criminal trespass in the first or second degree
- Residential burglary.
To be domestic violence, the alleged victim must be an intimate partner or family or household member. Intimate partners include current and former spouses or domestic partners and parents who share children, whether or not they were ever married or lived together.
In Washington, adults and persons 16 and older who are in dating relationships are also considered “intimate partners.”
Family or household members include any adults related by blood or marriage, adults who currently live together or have lived together, and people with parent-child relationships, whether biological or legal. That includes stepchildren, grandchildren, stepparents, and grandparents.
When Can Police Officers Make Domestic Violence Arrests in Tacoma?
According to RCW 10.31.100, police officers can make arrests without warrants if they have probable cause to believe someone has committed or is committing a felony. However, police officers may only make arrests for misdemeanors when they witness offenses, barring some exceptions.
For example, officers may make arrests without warrants if they have probable cause to believe that a domestic violence protection order or stalking protection order has been violated. Officers may also arrest anyone 18 or older who, in the past four hours, has allegedly assaulted an intimate partner or family or household member.
If family members or intimate partners assault each other, police officers should arrest who they believe is the “primary aggressor.” Stereotypes, personal experiences, and other factors might affect officers’ opinions, causing them to arrest the wrong individual. If you were wrongly arrested for defending yourself from an assault, our lawyers can help.
Misunderstandings and heightened emotions might lead to unnecessary arrests that our domestic violence defense lawyers can address head-on.
What Are the Consequences of Domestic Violence-Related Convictions in Tacoma?
The consequences of domestic violence-related offenses begin right after an arrest. While a conviction might lead to lengthy prison time and reputational consequences, you might experience no-contact orders sooner.
According to 10.99.040(2)(a), the court can issue a no-contact order, even when you are out on bail or have just been arrested on a domestic violence-related charge. This order can stop you from returning to a shared residence with the alleged victim, contacting them, and even seeing shared children.
The possible prison time depends on the charges you face. As mentioned, domestic violence-related crimes include reckless endangerment, a gross misdemeanor, and rape, which is a class A felony.
Assault in the fourth degree is also a domestic violence-related offense when committed against an intimate partner or family or household member. This is a gross misdemeanor, for which you may get up to 364 days in jail and have to pay a $5,000 fine.
If you have two or more domestic violence-related convictions in the past ten years, this offense becomes a class C felony. Rather than 90 days in jail, you could face up to five years.
Monetary Penalties
Legal financial obligations (LFOs) refer to the monetary penalties that are added to a criminal sentence. This can take the form of fines, court fees, restitution, and other costs. In Washington, almost all individuals convicted of a crime receive a financial assessment that includes LFOs at the time of sentencing.
The Washington Supreme Court has created some very clear rules regarding what trial courts must do before they impose optional LFOs. Specifically, the law requires a trial court to make an “individual assessment” of that particular defendant’s ability to pay the LFO. If that defendant lacks the financial ability to to pay a particular discretionary LFO, the trial court should not impose it.
Washington law requires courts to make a customized inquiry specific to the defendant standing trial, in which the court assesses the defendant’s ability to pay any potential LFO. It is important to follow proper procedures before they impose non-mandatory legal financial obligations, or LFOs, on criminal defendants. In a criminal case, there are certain actions or inactions you can take that amount to a waiver of an issue, meaning that you forfeit the right to argue about that issue in an appeal.
Recently, the Washington Court of Appeals made it clear that failing “to challenge discretionary LFOs at sentencing waives a challenge on appeal.”
What Should I Do if I Get Arrested for Domestic Violence in Tacoma?
Suppose a neighbor thinks they hear a fight, calls 911, and police officers arrive at your front door. Even if police officers do not witness domestic violence, they might arrest you. If that happens, call us.
Do not speak to the police beyond telling them you want your attorney. While it is natural to be confused, angry, or scared, try to stay calm. Pay attention to what police officers do and say and tell us if they violated your rights in any way.
For particularly serious charges, law enforcement might serve warrants at a defendant’s workplaces or other locations to purposely embarrass them. While the arrest may be a shock, staying quiet is the best thing you can do for your defense at this time.
What Happens After a Domestic Violence Arrest in Tacoma?
After an arrest, official charges may be filed against you, and you will have an arraignment hearing. This is also when bail is set, and we can make sure it is fair based on the charges and your lack of a criminal record.
While prosecutors can pursue cases, even without complaining witnesses in Washington, it makes meeting the “burden of proof” that much harder. No victim testimony can create room for reasonable doubt, enough to clear your name.
After your arrest, we can start working on your defense. We can stop you from taking bad plea deals from the prosecution and make sure you fully understand the charges you face. We will also prepare you for a trial, which you may have to testify in.
Can Men be the Victim in a Domestic Violence Case?
About seven years ago, a Washington court faced a difficult child custody case involving mutual accusations of domestic violence. Both the man and woman claimed to be victims. The man, who was only 5’1”, 160 pounds, and arthritic, had no criminal record and had rarely reported incidents. The woman, 5’11” and 300 pounds, had a documented history of bipolar disorder, violent outbursts, and institutionalization. Despite the physical and psychological differences, the court ruled in the woman’s favor. The man questioned how he could have posed a physical threat, stating she could have overpowered him without even using violence.
This case highlights a troubling reality: courts and society often assume domestic violence victims are women. While efforts to combat abuse are essential, such as the Violence Against Women Act, the male victim experience is frequently overlooked. Common statistics—like 1.3 million female victims annually or claims that 85% of domestic violence victims are women—dominate search results and public awareness. Meanwhile, estimates of male victims vary widely, from 585,000 to 3.2 million annually, depending on the source.
Men who seek help often face barriers, such as being redirected to programs for abusers rather than for victims. Even if 85% of victims are women, the remaining 15% still represent a significant number of underserved individuals.
Domestic violence is not exclusive to one gender. Women can and do perpetrate abuse, using the same means as men—physical force, weapons, and manipulation. Unfortunately, some women exploit societal bias to falsely accuse men, as seen in the Washington case.
Domestic violence support should be available to all victims, regardless of gender. If you’re facing domestic violence accusations or are a victim in need of legal defense, contact the attorneys at Smith & White, PLLC in Pierce and King Counties, Washington.
Call Our Tacoma Domestic Violence Defense Attorneys for Help Today
Call the Law Offices of Smith & White at (253) 525-8036 for help with your case from our domestic violence defense lawyers.