Graham, WA Domestic Violence Defense Attorney

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If you are accused of assaulting your spouse, stalking a dating partner, or harassing an ex, it could lead to serious criminal charges that could upend your life. These charges are incredibly serious and can hurt your reputation, even if they are false.

To fight the charges, always go through the legal system. Do not seek self-help or try to convince your partner to drop charges; that could result in witness or victim intimidation charges. These charges also come with bail conditions and restraining orders in many cases, so always work with a lawyer to know your rights and fight the charges the right way.

For help with your case, call the domestic violence defense lawyers at Smith & White at (253) 203-1645 today.

How Do Police Investigate Domestic Violence?

Police usually investigate domestic violence cases in these stages:

Receiving a 911 Call

Police do not typically come upon domestic violence on their own. Instead, they usually get one of two reports:

The alleged victim calls 911 for help or goes to a police station to report the violence.
Concerned neighbors hear fighting and call 911.

Either one can lead to an immediate investigation.

Investigation

If a neighbor reports screaming or fighting or the alleged victim reports the alleged abuse, the police will typically come knocking. They usually approach investigations with three steps:

Check the alleged victim for injuries and document them.
Separate the alleged defendant and victim so the victim is able to speak freely.
Make their own observations or evidence collection (e.g., taking copies of text messages, searching nearby for weapons).

If you are asked questions, you can say you will not answer until your lawyer is present, then you should call our domestic violence defense lawyers. You also do not have to turn over evidence without a warrant, but your partner may be able to give consent to a search of a shared home.

Arrests

If they arrest you, you will be taken to the station and booked. Do not answer any questions or say anything to try to “get out of” the charges; this typically only gives the police more to use against you.

Restraining Orders

Domestic violence victims can typically file for ex parte restraining orders, meaning they are granted without the other party present. These can last for a limited time.

However, domestic violence charges also typically come with an automatic restraining order, potentially keeping you from contacting the alleged victim, seeing shared children, or returning to shared homes or workplaces until the case is over.

What Happens After a Domestic Violence Arrest?

After you are arrested, the following steps take place:

Possible Interrogation

The police might ask you questions while in custody. Lean on your 5th and 6th Amendment rights by saying you wish to remain silent and want your attorney present before you will answer any questions. This should stop all questions.

Arraignment

At the arraignment, the judge tells you what charges you are facing and asks for your plea. This is the first place you can have a lawyer represent you in court.

Usually, you will plead not guilty here to continue your defense. Do not plead guilty, or else the case goes straight to sentencing.

Bail Hearings

The police cannot hold you indefinitely while you await trial unless the prosecution proves you are a danger to society. Otherwise, bail is typically granted, though money or bond might be required.

Bail usually comes with conditions not to commit further crimes or contact the alleged victim, which usually parallels the terms of domestic violence restraining orders.

Trial

If your case is not dropped earlier, it can go to trial where we will defend you against the charges by cross-examining witnesses, presenting our own witnesses and evidence, and arguing against conviction to the jury.

What Constitutes “Domestic Violence” in Graham, WA?

Domestic violence is not its own charge, but rather certain criminal charges become domestic violence charges when committed against certain victims.

Status of Alleged Victim

Charges can only be domestic violence if they are committed against:

A dating partner
An intimate partner (consensual or otherwise)
An adult household/family member
A parent of a shared child.

These are often called “domestic partners,” but they do not have to actually live with you to count. Children are not usually included, as offenses against them would be child abuse instead of domestic violence.

Crime Alleged

The following acts can be considered domestic violence

Crimes of violence, like assault
Threats
Sexual assault or rape
Harassment
Stalking
“Coercive control,” which can include interfering with their physical or financial liberty through unreasonable patterns of behavior (e.g., tracking their phone without permission, threatening suicide or self-harm if they leave you, forcing them off birth control pills, withholding money or basic needs).

FAQs for Domestic Violence Charges in Graham, WA

Can You Go Home After Domestic Violence Charges?

Maybe. You need to check the specific terms of restraining orders or bail conditions placed on you. If you are not allowed to go back to a shared home, you may have to find alternate arrangements while the case plays out.

Can You Get Your Things if You Are Not Allowed Home?

If you are told not to return to a shared home, you cannot go back to get your things. You also probably cannot send someone else to go in your stead.

Your lawyers may be able to arrange for a time for the order to be suspended so you can briefly return home. We can work this out through the courts or by speaking with victim advocates, or through the alleged victim’s lawyer.

Will Domestic Violence Charges Hurt a Custody Battle?

Being charged with domestic violence – even if you are not convicted – might hurt your chances of getting custody in an ongoing custody battle because they show you to be violent or dangerous. However, judges often look into why charges are dropped, and they should not accept that charges alone always mean you are violent.

Can You Get Your Spouse/Partner to Drop the Charges?

Do not contact the alleged victim and try to get them to drop charges. This could violate restraining orders or bail terms and constitute a separate crime of victim/witness intimidation.

Additionally, once the charges are filed, it is up to the prosecution whether they drop them or not. Your partner may have influence – since they likely cannot proceed without a cooperative victim – but they do not get to drop charges if the prosecution wants to press on.

Call Our Domestic Violence Lawyers in Graham, WA Right Away

For help with your charges, call (253) 203-1645 and speak with the domestic violence defense attorneys at the Law Offices of Smith & White today.