Federal Way Domestic Violence Lawyer for Defendants

Being charged with domestic violence crimes can upend your entire life. Aside from the criminal fines and jail time, you could be kicked out of your house, blocked from your possessions, and kept from your children while the charges are pending.

It is vital to work with a lawyer to protect your rights throughout this process, challenge dubious evidence, and help you retain your freedom. We can challenge the case against you, fight for your constitutional rights, and defend you in a criminal trial if needed.

Contact the Law Offices of Smith & White at (253) 203-1645 to discuss your case with our University Place, WA domestic violence lawyers for defendants.

“Domestic Violence” Charges

In Washington, there is no specific crime of “domestic violence.” Instead, we have a list of crimes that are considered domestic violence offenses when they are committed against certain people.

List of Crimes

The crimes listed in RCW 10.99.020 that can be domestic violence offenses include the following:

Various levels of assault
Drive-by shootings
Reckless endangerment
Coercion
Burglary
Malicious mischief
Kidnapping
Unlawful imprisonment
Violating a restraining order (or similar order)
Rape and sexual assault
Stalking
Interfering with domestic violence reporting.

Other Requirements

These crimes only become domestic violence offenses when committed against one of these people:

An adult household member
An adult family member (including adoption and stepparent relationships)
An intimate partner (regardless of marital status or whether the relationship is current).

This essentially includes all “domestic partners,” dating partners, and people with whom you share a child, but it also includes roommates and adult siblings, parents, and children.

Pre-Trial No-Contact Orders

If you are arrested for domestic violence, you are typically put on a no-contact order automatically. This, along with bail terms, typically prevents you from contacting the alleged victim. However, it has other effects:

If you live together, you might be unable to go home
If you work together, you might be unable to go to work
If you share children, you may be unable to see them
You cannot speak to them through a third party (aside from your lawyer)
You may lose access to firearms or weapons
They may be given access to shared money or accounts
You may lose access to property at a shared home.

We can often arrange for a stay of this order to allow you to pick up clothes and personal effects, but the timing is limited.

No-contact orders only go one way; they stop you from contacting the alleged victim, but they do not stop them from contacting you. If they contact you, do not respond and immediately report it to your lawyer.

Potential Penalties

When you are convicted of a domestic violence crime, you face the base penalties for that offense. These can vary greatly depending on the crime, but they may result in jail time, probation, and fines in most cases.

The fact that it is a domestic violence crime also faces an extra $115 penalty that goes toward funds for victims. The sentence you face will also be affected by various factors:

Whether it is part of a pattern
Your criminal history, including domestic violence orders that did not result in charges
Whether the abuse occurred in front of children.

You may also need to attend domestic violence classes, and a conviction can result in a permanent restraining order and affect any potential child custody or divorce proceedings that come up.

FAQs for Domestic Violence Charges in Federal Way

What Crime Constitutes “Domestic Violence”?

In Washington, domestic violence is not one particular crime. Instead, any of a list of crimes committed against a household member, family member, or dating partner can be considered “domestic violence” crimes.

These listed crimes usually involve violent crimes, rape, stalking, and similar offenses.

Can You Be Convicted of Domestic Violence Against a Child?

Violence against a child is usually handled under child abuse statutes instead of domestic violence. However, violence against dating partners between ages 16 and 18 or parents of shared children (regardless of age) can be considered domestic violence, even if those people are still legally children.

How Much Do My Penalties Increase for Domestic Violence?

Applying the “domestic violence” attribute to a criminal case opens additional options for restraining orders, no contact orders, and protective orders, all without a conviction. This can mean losing access to your home, children, and firearms, among other things.

However, there is no set increase in penalties other than a $115 assessment; penalties are always considered on a case-by-case basis.

Can You Fight a Domestic Violence Restraining Order?

If charges are filed against you, then domestic violence no contact orders are usually in place until the case is over. This makes you unable to defend against these orders while the case is still pending.

What if My Partner Doesn’t Want to Testify?

Criminal charges are brought by the government, not the alleged victim. This means that the case can go on based on the officer’s testimony, photos of injuries, and other evidence (e.g., security camera footage) even if your partner doesn’t want to testify.

However, some cases rest so firmly on the alleged victim’s cooperation that it might be hard for the prosecution to continue without their cooperation. This could potentially help us get a plea deal or get the charges dismissed.

Can I Convince My Partner to Drop the Charges?

No, for two reasons.

Your partner is not in charge of the decision to press or drop charges; that is the prosecution’s decision.
You cannot contact the alleged victim, or else it could violate pre-trial orders, get your bail revoked, and potentially result in witness intimidation charges.

Can I Press Charges, Too?

Sometimes domestic violence goes both ways. If your partner alleges you abused them, but they also assaulted you or committed other domestic violence crimes against you, then you can report them and demand charges back.

Cases are not usually dropped because both sides made mistakes; they can result in convictions for both partners and no-contact orders in both directions.

Call Our Domestic Violence Lawyers in Federal Way Today

Call (253) 203-1645 for a case evaluation with the Tacoma, WA domestic violence defense lawyers at Smith & White.