Washington State Domestic Violence Defense Attorney

The Law Office of

2200 112the Ave NE

Bellevue, WA 98004

Fax (425) 952-7409

WASHINGTON STATE DOMESTIC VIOLENCE DEFENSE ATTORNEY

Washington's Domestic Violence laws have gone through bold political changes over the last fifteen years. Washington now harbors some of the most severe domestic violence arrest, release, and sentencing policies in the nation. Prosecutors often proceed without the cooperation or presence of the victim. A domestic violence charge and temporary no-contact order can immediately remove a suspect from their home and family.

MANDATORY ARREST

Police officers no longer have the discretion whether or not to arrest the domestic violence suspect. Unlike most other misdemeanor crimes, they are now required to book the suspect under most circumstances regardless of the severity of the crime, request of the victim, or lack of any other criminal history or domestic dispute.

MANDATORY ARRAIGNMENT AND BAIL

One of the more significant legal developments in Washington's domestic violence laws is the evolution of mandatory bail and arraignment. Unlike most other misdemeanor offenses, a domestic violence suspect may not waive arraignment but, under many circumstances, must stay in custody and appear before the judge for formal arraignment before the court makes a determination on a no-contact order, bail and other conditions of release. Other jurisdictions are now beginning to impose a standard bail amount regardless of the facts of the case or criminal history of the suspect

A LONG TERM VIOLENT RECORD

Very few attorneys and judges inform the accused DV suspect that a Washington State DV conviction is the only misdemeanor that requires years of additional time before an individual can seal or vacate their criminal record. In addition, their DV conviction will likely immediately disqualify them from entering Canada for at least five years. Please visit our site.

This area contains perhaps the most dramatic depature from the norms and principles of the criminal justice system and psychological community. Psychologists, psychiatrists, and renown experts on violence know that violence, even within the family, can occur for a wide range of reasons. They also understand that mental and emotional abuse and neglect can often cause equal or greater damage. As a result, the medical community tailors their diagnosis and treatment to the situation, the incident, the individual, and the family history. For all other crimes, including substance abuse and assaults outside the domestic circle, the legal community follows this medical rule. For example, one isolated DUI or drug possession does not automatically trigger substance abuse or long term treatment.

In addition, by nearly all other definitions, an isolated incident of minor agression is not domestic violence. Washington's Domestic Violence Manual for Judges acknowleges that there is a significant difference between the behavioral and legal definition of domestic violence. Behaviorally, the manual declares that domestic violence is "not an isolated event" but rather a "pattern of assaultive and controlling behaviors." In contrast, the legal definition is much broader and includes any isolated event as long as it is between certain parties.

Most Washington prosecutors and judges however forego these principles and require the DV defendant to complete a one year standardized and "certified domestic violence treatment program." Again, this occurs regardless of the facts, criminal, or medical history. Even worse, few if any of these counsellors are licensed psychologists. In fact, most psychologists and psychiatrists elect not to become "certified" because they consider the diagnostic and treatment modality narrow and insufficient.

NO CONTACT ORDER

One immediate impact of a domestic violence charge is the court's authority to enter a no-contact order even while the case is pending as a condition of the defendant's release from jail. The court's authority is located in RCW 10.99.040(2),(3). These orders are also issued as a condition of sentence under RCW 10.99.050(2). Although the entry of an order is discretionary, it is now a near routine request by the prosecutor and near automatic response from the court. The court may also issue an order prohibiting contact with children witnesses and others pursuant to CrRLJ 3.2(c).

This order, by its very nature, will expell the accused from their home and as a result, have immediate practical and economic pressure. Although the victim has the right to address the court and request that the order is dropped, the prosecutor often objects and the court routinely leaves the order in effect. The clerk of the court is then required to forward a copy of the order to the appropriate law enforcement agency and the data is immediately entered into their computer systems.

The prosecution then uses this order to pressure the family and defendant to enter a plea of guilty under the promise that it will then recommend that the court allow contact and a return to the home. If the defendant resists and is convicted at trial, the prosecutor then reverses its policy and successfully petitions the court to extend the order for the entire two-year period of misdemeanor probation as a conditon of sentence.

LEGAL DEFINITIONS

Washington statutes define domestic violence as criminal behaviors that occur in specific relationships These include current spouses, former spouses, adult persons realted by blood or marriage, parents of a child in common, unmarried persons of same or different genders currently or previously living together, intimate partners of the same gender, dating relationships, and a biolgocial or legal parent-child relationship.

Washington law also defines domestic violence as behaviors that include physical or bodily harm, assault, infliction of fear of imminent physical harm, bodily injury, or assault, sexual assualt, and stalking.

MANDATORY FIREARM RESTRICTIONS

Unlike most other misdemeanors, under state and federal law, an individual convicted of domestic violence permanently loses their right to bear firearms. A violation of this conditon is a felony offense. The only way to resote this right is to petiotn the superior court, however this is often a significant political and legal challenge.

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(425) 646-2926

(425) 952-7409 FAX

2200 112TH AVE NE #120

BELLEVUE, WA 98004

DCMLAWFIRM@HOTMAIL.COM

WE HAVE MADE THIS SITE AND PROVIDED THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A LEGAL OPINION. IT IS NOT INTENDED TO CREATE NOR DOES IT CREATE AN ATTRONEY CLIENT RELATIONSHIP. NO ONE SHOULD ACT UPON THIS INFORMATION WITHOUT SEEKING PROFESSIONAL COUNSEL.

FORMER PROSECUTOR DV ENFORCEMENT TRAINER UW LECTURER EXPERT WITNESS

DEFENSE ATTORNEY FOR DOMESTIC VIOLENCE ASSAULT, HARASSMENT, MALICIOUS MISCHIEF, NO CONTACT ORDERS AND OTHER OFFENSES

If a person is charged with telephone harassment, the prosecutor can charge in either the location where the call was placed or the location where the call was received.

WASHINGTON STATE DOMESTIC VIOLENCE DEFENSE ATTORNEY 16 YEARS OF PROSECUTOR AND CRIMNAL DEFENSE EXPERIENCE

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WASHINGTON DOMESTIC VIOLENCE DEFENSE ATTORNEY