Getting Domestic Violence Charges Dismissed in Washington

Things are spiraling out of control. Now the most important person in your life cannot come home. They cannot see their children. How can the Court keep children away from their parent on just the emotional words of one person? You do not want to “press charges” but now it turns out you are “just a witness” for the government. It is not up to you. Your family, your home, your whole life has been turned upside down and you feel powerless.

If you were arrested for a domestic-violence-related offense in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, you may hope the case will disappear if the other person asks the court to “drop it.” Understandable—but in Washington, that isn’t how the process works.

Once the State files charges, the case is State of Washington v. You. The alleged victim becomes the complaining witness—not the party who controls the case. A prosecutor can ask to dismiss (and a judge must approve), and the defense can ask the court to dismiss on legal grounds, but the complaining witness cannot unilaterally “drop” a criminal case.

A domestic violence attorney can get the case dismissed. When your case is dismissed the no contact order goes away. The family can be together again. Children can see their parent. Your house can be a home again. Contact The Law Offices of Smith & White, PLLC, now.

What “Domestic Violence” Means in Washington

Domestic violence is a designation that attaches to many underlying crimes—assault, harassment, malicious mischief (property damage), interfering with reporting a crime, or violating a protection/no-contact order—when the people involved qualify as “family or household members” or intimate partners under RCW 10.99.020. The designation affects release conditions, frequently triggers a criminal no-contact order at first appearance, can intersect with firearm restrictions or temporary surrender obligations under RCW 9.41.040 and RCW 9.41.800/.801, and shapes how prosecutors prioritize the case. Because of these impacts, Washington courts and prosecutors treat DV cases as public-safety matters, not just private disputes.

Why an Arrest Happens Even When No One Wants It

Washington uses a mandatory-arrest framework in domestic-violence investigations. When officers have probable cause to believe a qualifying DV assault occurred within the preceding four hours, they must arrest the primary aggressor under RCW 10.31.100(2)(d). RCW 10.99.030 outlines officer duties in DV responses. That’s why an arrest can occur even if everyone later says they want to “let it go”—the statutes prioritize immediate safety and evidence preservation.

Why Did the Police Make an Arrest if Nobody Wanted That?

Mandatory-arrest statutes require officers to act when there is probable cause in a recent DV incident, including the four-hour provision in RCW 10.31.100(2)(d).

No-Contact Orders (NCOs): What You Need to Know

At the first appearance in a Tacoma-area DV case, judges commonly issue a criminal no-contact order under RCW 10.99.040. The order remains in effect unless and until a judge modifies or terminates it, even if the protected person asks for contact. The protected person can formally request a change, but the court weighs safety, history, and risk. A criminal NCO tied to the case terminates if the defendant is acquitted or the charge is dismissed; until then, it is fully enforceable.

Critical warning: Violating a criminal NCO or a civil protection order is its own crime. For criminal-case NCOs, RCW 10.99.050(2)(a) routes willful violations to the penalty scheme in RCW 7.105.450. “Consensual” contact is not a defense—rely on a signed court order, not private agreements.

Who Can Actually End the Case?

Prosecutor: Has charging discretion—can file, amend, divert, reduce, or move to dismiss. Even a discretionary dismissal still requires court approval.
Judge: Must approve any dismissal and may dismiss on defense motion when legal standards are met.
Complaining witness: May share wishes with the prosecutor and court but does not control charging or dismissal.

Many prosecutor’s offices in Washington follow a “no-drop” approach in domestic-violence cases: they do not automatically dismiss simply because the witness asks. The aim is to reduce recantation pressure and protect safety. Local practice varies by office and case facts.

A Negotiated Dismissal May Be Possible

Dismissals can happen per agreement. Many courts offer Pretrial Diversions, Stipulated Orders of Continuances or other diversions that result in dismissal. These agreements can be good because they are guaranteed ways, assuming you comply with the conditions, of getting the dismissal. However, it should be noted that Washington State Patrol usually will not expunge a record of arrest for a dismissal based on such an agreement. Also, the agreement will be visible to anyone who looks at the court record. They will be able to tell that the case was dismissed per an agreement and not because there was insufficient evidence against the accused.

When Do Prosecutors Dismiss or Reduce DV Charges?

Every case turns on its facts, but common reasons include:

Insufficient proof: The State does not believe it can meet the criminal standard at trial.
Contradictory evidence: Physical findings, texts, or video undermine the initial allegation.
Legal defects: Lack of probable cause, unlawful entry/search, or other constitutional issues trigger suppression of key evidence. Washington courts can also dismiss “in the interests of justice” for governmental misconduct or mismanagement under CrR 8.3(b) in superior court and CrRLJ 8.3(b) in courts of limited jurisdiction (these rulings are rare and require prejudice).
Alternative resolutions: In some courts and for certain first-time defendants, policy-based alternatives or reductions (for example, counseling with compliance conditions) may be available. Availability varies by court, office, and charge.

Defense counsel’s early work—preserving texts, photos, call logs, location data; identifying witnesses; obtaining 911 audio and body-cam; and documenting self-defense facts—can directly influence whether the State reduces or dismisses.

Can a Judge Dismiss “in the Interests of Justice”?

Yes, in specific circumstances—courts may dismiss for governmental misconduct or mismanagement under CrR 8.3(b) or CrRLJ 8.3(b) when legal standards (including prejudice) are met. These dismissals are uncommon and fact-dependent.

What Does a “No-Drop policy” Mean?

Many Washington prosecutor’s offices do not automatically dismiss DV cases because the witness asks; they evaluate public-safety and evidentiary considerations. Local practices vary.

If the Witness Recants, Will the Case Be Dismissed?

Not automatically. Prosecutors often proceed using other evidence—911 recordings and dispatch logs, officer body-worn video, photos of injuries or property damage, statements made during the incident that may fall within evidence-rule exceptions, medical records, third-party witnesses, and any statements attributed to the accused. The State’s question is not “What does the witness want today?” but “Can we prove this beyond a reasonable doubt without that witness?”

Can Your Partner Just Tell the Judge That They Don’t Want Charges?

They can share their wishes, but they cannot dismiss the case. The prosecutor decides whether to continue, reduce, or ask to dismiss, and the judge must approve any dismissal.

What to Do Now (and What to Avoid)

Do not violate any no-contact or protection order—even if invited.
Do not pressure the witness to recant or “fix it.” That can be viewed as tampering.
Preserve evidence now: screenshots, texts, call logs, photos, videos, location data, and names of witnesses.
Speak with a defense attorney quickly. Early intervention can affect charges, conditions, and negotiations in Tacoma-area courts.

Experienced Defense Attorneys Can Mount A Strong Defense For You

A domestic violence attorney at our firm can get the case dismissed. The most common way that a case is dismissed is when the prosecution is unable to proceed. This usually means they cannot contact the alleged victim of a case. This usually results in dismissal without prejudice. Dismissal without prejudice means they can restart the case later. Usually, if they get into contact with the alleged victim because of a new domestic violence allegation.

Sometimes a domestic violence attorney can get enough evidence suppressed, usually for violating a Constitutional Right, that the remaining evidence is not enough for the government to go forward. This also results in a dismissal. This dismissal is more likely to be with prejudice.

The least common, a method that should still be considered every time, is a Knapstad motion for dismissal. A Knapstad motion is a motion to dismiss because even if the allegation were true there would still be no crime. It should be noted that Knapstad motions traditionally do not consider affirmative defenses, defenses that the accused through his attorney must at least raise and sometimes prove. So, clear consent or self-defense could technically be the basis for a Knapstad motion. However, recent case law suggests that an affirmative defense that cannot be rebutted (disproved by the prosecution) can be the basis of a Knapstad motion.

Can We Quickly Lift the No-Contact Order?

The protected person can request modification or termination, but a judge decides. Until a written order changes it, the NCO is enforceable, and violations can lead to a new criminal charge under RCW 10.99.050(2)(a) and RCW 7.105.450.

What Happens to a No-Contact Order When a Domestic Violence Case is Dismissed?

When a domestic violence case is dismissed in Tacoma, WA, any associated no-contact orders are automatically lifted. This is because the court loses jurisdiction over the individual once the case is dismissed, removing the legal basis for maintaining the no-contact order. This change occurs without the need for further motions or hearings, reflecting the termination of the court’s authority over the individual in the context of that specific case.

Are there Further Actions Required by the Individual Once a Domestic Violence Case is Dismissed?

Generally, no further actions are required to lift the no-contact order or restore firearm rights once a domestic violence case is dismissed in Tacoma, WA. However, it’s advisable for individuals to ensure all records are updated and to confirm that no other legal impediments to their rights remain. Consulting with a legal professional can help clarify any outstanding issues or additional steps that might be necessary depending on the specifics of the individual’s situation.

Along with the no-contact order and bail exoneration, any other conditions of release that were imposed as part of the case are also removed upon dismissal. This includes any travel restrictions, monitoring requirements, or other stipulations that had been placed on the individual’s behavior and movement. The dismissal effectively resets the individual’s legal status to what it was prior to these conditions being set, assuming there are no other outstanding legal issues or cases.

What Happens to the Bail Money After a Domestic Violence Case is Dismissed?

After the dismissal of a domestic violence case, any bail that was posted is exonerated, meaning it is released back to the person who posted it. This exoneration of bail signifies that the financial guarantee provided to ensure the accused’s appearance at court is no longer necessary, reflecting the end of the court’s involvement.

Does the Dismissal of a Domestic Violence Case Immediately Restore Firearms Rights?

Yes, but ONLY for that case. If another case or reason for not being able to possess firearms exists, then the individual still is subject to felony charges if they possess a firearm. Check with your local defense attorney at Smith & White, PLLC to confirm that you may lawfully possess a firearm. That said, the dismissal of a domestic violence case in Tacoma, WA, also restores the individual’s right to possess firearms for that case. Since the no-contact order is lifted and the case is dismissed, any restrictions imposed by that order—including those affecting firearm possession—are nullified. The individual’s rights are reinstated, allowing them to own or possess firearms unless other unrelated legal restrictions apply.

The Bottom Line for Getting Domestic Violence Charges Dismissed in Washington

Domestic-violence charges can be dismissed in Washington—but not simply because the other person asks. Prosecutors decide whether to continue or drop the case, and judges must approve. Mandatory-arrest rules, routine no-contact orders, and public-safety policies mean these cases often move forward even when relationships have cooled. Outcomes turn on the evidence and the law—including viable legal defenses, constitutional issues in the investigation, and any policy-supported alternative resolution that fits the facts.

For help with your case from our Tacoma domestic-violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Your Case Is Unique To You, Call Us To Learn How We Can Help

There may be other reasons to get a case dismissed. These are the major reasons for having a case dismissed. If you need a result that clears your name and cannot get a dismissal then you may need to go to trial. A “Not Guilty” means the jury decided there was not enough evidence to convict you beyond a reasonable doubt. This is your ultimate chance to clear your name in a domestic violence case.

Contact a domestic violence attorney at The Law Offices of Smith & White, PLLC, to work on getting your case dismissed.