BRING IT ON.
Domestic Violence charges can have long term consequences. You need someone you can trust on your side.
Domestic Violence
Regardless of what you hear or see online, Domestic Violence (DV) is not a crime, rather Domestic Violence is a tag you put on other crimes, like Assault or Malicious Mischief.
Being charged with a DV offense will make you feel like you’ve been convicted before you ever get a chance to defend yourself.
One of the first things that happens is a No Contact Order (NCO). This may prohibit you from going home, talking to your spouse, or even seeing your kids. If this weren’t enough, some courts will require you to wear a GPS tracking device. There are many potential pitfalls you can run into so look at our survival guide to avoid making the situation worse.
The DV tag has HUGE consequences. For example, did you know that trying to rent an apartment may be very difficult if you have a DV related convicition? Even an active allegation can cause problems. The same goes If your job requires you to pass a background check or carry a firearm.
Firearms
Just by being accused of any crime with a DV tag, the court will likely try and take your right to keep and bare arms from you. This is true even if no gun was used, present, threaten or in any conceivable way connected to the charge.
Whether you’re a seasoned hunter, someone who can’t stand guns, or somewhere in the middle, the right to keep and bare arms is your right, don’t lose it.
Pre-Trial No Contact Orders
The primrose path and how to stay out of jail: One pattern that comes out of almost all DV cases is the practical consequence of a No Contact Order. Once a NCO is issued, it become a crime for you to contact the protected person - even if THEY are the one initiating contact.
It is common for the person protected by the NCO (the alleged victim) to try and contact the person restrained by the order (the Defendant). Remember that the alleged victim does not have the power to remove the NCO - only a Judge does. So if you get the text, email or phone call from the alleged victim asking to see you or saying that they never wanted the order, then you MUST not respond. If you do, you’re risking jail time. See the DV survival guide for more information.
Self Defense
Washington State has very strong self defense laws. If a Judge or Jury finds that you were acting in Self Defense, it is a complete defense meaning you will be found not guilty. Fact patterns can get complicated, call an Attorney to see if this is an option for your case.
Call for a free consultation 866-529-5383
Charge Reductions
Sometimes, we can work out a settlement with the Prosecutor’s Office where they agree to change the nature of the charge against a Defendant. For example, imagine we have a Defendant who is charged with Assault in the Fourth Degree - Domestic Violence. We may be able to settle the case with a plea of Guilty to a non Domestic Violence charge like Disorderly Conduct - still a crime but a less serious one.
A Prosecutor may want to make an offer like this for several reasons: First, they may have proof problems and are concerned that they will not be able to prove the Assault case. Second, they may have a Defendant who has never been in trouble before and is accused of an action that is technically Assault but in reality is very minimal.
In addition to the possibility of Jail, fines, and classes, conviction for a crime labeled "Domestic Violence" carries with it the loss of your right to own or possess firearms and the possibility of a No Contact Order. Simply getting rid of the DV tag in non-felony cases will most likely eliminate the loss of your right to possess firearms and the No Contact Order.
