Domestic Violence and Child Custody in Tacoma, WA: What You Need to Know

How Domestic Violence Charges Can Affect Child Custody in Tacoma, WA — And What We Do About It

Domestic violence charges can have far-reaching consequences, especially for parents. One of the most painful and immediate fears our clients express is how a criminal accusation could impact their ability to see or parent their children. This concern is valid—and urgent. But it is also something our attorneys at Smith & White are prepared to help you address.

Let’s make one thing clear: we are not family law attorneys. We do not handle child custody modifications, divorce filings, or parenting plan disputes in family court. However, what we do is just as important—we defend you against the criminal charges that can lead to custody restrictions in the first place.

Our criminal defense work is often the foundation that helps parents preserve access to their children and keep their family life intact. Here’s how domestic violence charges intersect with custody laws in Washington—and how Smith & White works to protect your rights.

What Is Considered Domestic Violence in Washington?

Domestic violence in Washington is not a single offense. Instead, it is a classification applied to various crimes when they involve household or family members. Under RCW 10.99.020 and RCW 26.50.010, domestic violence may include:

• Assault

• Harassment

• Stalking

• Malicious mischief

• Interference with reporting domestic violence

• Violation of a protection order

• Unlawful imprisonment or kidnapping

These charges can arise in intimate partner relationships, co-parenting situations, or disputes involving roommates or relatives. The law allows for broad interpretations—meaning that even non-violent or relatively minor incidents can be charged as domestic violence under certain circumstances.

Hypothetical Example: A Tacoma father in the middle of a custody dispute is accused of grabbing his ex-partner’s wrist during a heated exchange. The police are called. Although there are no injuries, he is arrested for Assault in the Fourth Degree – Domestic Violence. He now faces a criminal case, and the family court responds by suspending his visitation until the criminal matter is resolved.

How Criminal DV Charges Influence Custody — Even Before a Conviction

Washington law allows courts to take immediate protective actions when a domestic violence accusation arises—even before any trial or conviction.

Most commonly, this happens through temporary protection orders under RCW 26.50.070. These orders may:

• Restrict your contact with the other parent

• Bar you from your own home

• Prohibit any contact with your child

• Limit your parenting time to supervised visits—or suspend it entirely

In many cases, these orders are granted ex parte, meaning the accused parent has no chance to speak before the order is issued. That’s where we step in. Our job as criminal defense attorneys is to:

• Challenge the validity of the accusations

• Fight to modify or lift conditions that harm your family life

• Ensure your voice is heard in court

Even a short-term no-contact order can damage your relationship with your child. That is why immediate and informed legal defense is critical.

Long-Term Custody Consequences of a Domestic Violence Conviction

While temporary orders can cause short-term disruption, a conviction can cause permanent changes to custody rights under Washington law.

Family law courts are governed by RCW 26.09.191, which requires judges to impose restrictions in parenting plans when a parent has a history of domestic violence. This can include:

• Reduction or loss of residential time (physical custody)

• Elimination of joint decision-making rights (legal custody)

• Requirement of supervised visitation

• Mandatory completion of DV treatment programs

These family court decisions often stem directly from the outcome of your criminal case. That means the stakes are high in every courtroom appearance.

At Smith & White, we understand these consequences. While we do not appear in family court, we collaborate with your family law attorney (if you have one) and defend your criminal case with the goal of preserving your custody rights.

Dismissals, Reductions, and No-Contact Orders

Our attorneys have successfully handled domestic violence cases in Pierce, King, Kitsap, and Thurston Counties. Here’s how we help clients facing custody-impacting charges:

• Negotiating dismissals when the evidence is weak or contradictory

• Securing reductions to non-DV charges to avoid RCW 26.09.191 restrictions

• Arguing for release conditions that allow family contact

• Protecting against probation terms that impair parental rights

• Helping clients avoid no-contact orders or obtain early termination when justified

Hypothetical Success Story: A single mother in Pierce County was charged with Assault 4 – DV after a neighbor called the police during an argument with her ex. The case was built solely on conflicting witness statements. We investigated inconsistencies and filed motions to suppress evidence. The case was ultimately dismissed, and the family law judge reinstated her parenting time without further restrictions.

What You Can Do Right Now

If you are accused of a domestic violence offense and you have children, you should act immediately. Here are five essential steps:

1. Hire a criminal defense attorney first. Your custody case may hinge on what happens in criminal court.

2. Do not contact the other party, even if the order seems unfair. Any violation can make things worse.

3. Save evidence—texts, voicemails, or witness accounts can help your defense.

4. Ask your attorney to coordinate with your family law counsel, if you have one.

5. Stay calm and document everything. Judges and prosecutors look closely at behavior after the charge is filed.

We Do Not Handle Custody—But We Protect Your Right to Be a Parent

Many of our clients mistakenly believe they must choose between fighting the criminal charge or fighting for custody. The truth is: your best shot at keeping your kids starts with a strong criminal defense.

Smith & White does not represent clients in divorce or parenting plan litigation. We do not file motions in family court. But we are experienced trial lawyers who understand how criminal cases intersect with family law. And we take a holistic view—helping you avoid outcomes that would make custody harder or impossible.

When your future with your child is at stake, trust a firm that knows how to defend both your freedom and your role as a parent.

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Accused of domestic violence in Tacoma or Pierce County? Do not wait for the family court to decide your parenting rights based on a criminal charge. Contact our Tacoma office today for a free and confidential consultation.