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Domestic Violence Allegations Require A Strong Defense And Careful Response

The courts of Washington State take domestic violence very seriously. Some jurisdictions like Pierce County, King County and the city of Tacoma and have specially dedicated units whose prosecutors are zealous — often too zealous — in pursuit of convictions. An accusation of domestic assault or other domestic violence can have a domino effect on your freedoms, your home life, your custody rights and future employment.

At The Law Offices of Smith & White, PLLC, we understand how the legal system works and how to mount an effective defense against domestic violence criminal charges as well as overly restrictive protection orders. We have successfully represented men and women, fighting false or overblown accusations and working to limit the consequences of an arrest.

What Constitutes Domestic Violence?

Domestic violence is not a specific separate crime. Rather, it is a designation that can be assigned to other offenses, most commonly assault in the fourth degree or felony assault. Domestic violence involves a spouse, former spouse, co-parent, dating partner or a member of the household. It does not necessarily involve physical violence or even physical contact. If can refer to one or more of the following:

  • Punching, slapping, kicking or shoving
  • Verbal threats of violence or threatening gestures
  • Stalking or harassment
  • Malicious mischief, burglary or destruction of property
  • Coercion (making someone do something or preventing them from doing something)
  • False imprisonment (physically restraining or preventing a person from leaving)
  • Interfering with a 911 call

The typical domestic altercation is charged as a misdemeanor or gross demeanor crime. When domestic violence involves strangulation or results in broken bones, facial injuries or other serious harm, it will likely be charged as felony assault in the third, second or first degree. Domestic violence is charged at the discretion of the prosecutor, whether or not the alleged victim wants to press charges.

Understanding The Legal Process

Under Washington law, whenever the police have a reasonable belief a crime of domestic violence has occurred an arrest is mandatory. The police should interview the parties separately to determine what happened and whether a crime occurred, but often when there are conflicting stories they will default to arresting the man in a male/female altercation.

Once arrested, the person will be held in jail without bail until the first court appearance. Typically they will go before a judge within 24 to 48 hours. At that first court appearance, prosecutors commonly ask for high bail, even where there is no prior history of domestic violence. More importantly, the prosecutor almost always asks for and almost always gets a no-contact order (even over the victim’s wishes against it). This prohibits the accused from contacting the victim in any way, forcing them to relocate from their own home and preventing from seeing their own children. Violating a no-contact order or protection order can result in additional criminal charges.

The Problem Of False Reporting Of Domestic Violence

It is an unfortunate reality that in some cases, domestic violence allegations are falsely made to cause legal problems for the alleged offender. A partner may file a false report as revenge or manipulation for ending the relationship or cheating. They may fabricate allegations for attention or sympathy, or it may stem from mental health or substance abuse issues. One of the most common reasons for false allegations is to gain an upper hand in custody battles or divorce proceedings. In a contentious case, the accusation of violent behavior undermines their partner’s credibility or paints them as an unfit parent.

Even if the allegations against you are false, it is important to abide by any no-contact order, since a violation of the order can be used against you as evidence, helping the accuser substantiate his or her claim. Do not let the other party weaponize a protection order in this way. You will get a chance to tell your side of the story in court.

Defenses Against Domestic Violence

Our criminal defense lawyers are well-versed in the statutes and how these cases are prosecuted. To get a conviction, the prosecutor must prove each element of the crime. We will explore all possible defenses, including self-defense, motivations for false reporting, warrantless arrests without reasonable suspicion or failure to advise you of your Miranda rights. We can sometimes intervene early to convince the prosecuting attorney that the allegations do not merit charges. Sometimes we can get the charges dismissed entirely or downgraded to a misdemeanor offense. And we are fully prepared to fight the accusations at trial.

The earlier you contact our experienced attorneys, the better we counter the allegations and protect you.

The Penalties And Consequences Of A Domestic Violence Conviction

When charged as simple assault or Assault 4, domestic violence is a misdemeanor, punishable by up to a year in jail and up to $5,000 in fines. But it can escalate to a gross misdemeanor or Class C felony if you have prior offenses, which the prosecutor and victim will definitely capitalize on. Once domestic violence enters felony territory, you are looking prison time, major fines and all the fallout of a felony criminal record.

Anyone subject to a domestic violence protection order is not allowed to possess firearms, and a felony conviction will cause you to permanently lose gun rights. The court can also require community service, chemical dependency evaluation and/or participation in a domestic batterer’s treatment program at your expense.

Get Serious Legal Representation Today

Smith & White has represented hundreds of people in your circumstances, with a record of favorable results. We will customize the defense to the facts of your case and work every angle to protect your interests. We practice in the criminal courts of Pierce, Thurston, Kitsap and King counties. Contact us 24/7 to arrange a free consultation. Call 253-363-8662 or use our online form. Hablamos español.