Seattle Domestic Violence Lawyers
Domestic violence claims can be made or exaggerated for many improper purposes, including jealousy, resentment, rage, or to obtain leverage in divorce or child custody proceedings.
Nonetheless, because the conduct is often not witnessed, and because law enforcement and the public are often predisposed to sympathize with the alleged victim, defending against these claims can be difficult.
Through a thorough investigation, the use of forensic and circumstantial evidence, and the exposing of the alleged victim’s motives, an experienced defense attorney can sometimes have charges dismissed, reduced or obtain an acquittal at trial.
As A Skilled Domestic Violence Attorney In Seattle
We have successfully defended many claims relating to abuse, violation of protection orders, and other domestic criminal matters. It is important to act swiftly if faced with domestic violence charges.
For a confidential consultation, contact our domestic violence defense attorneys by phone at 855-898-2542, or through our online contact form.
Domestic Violence Under Seattle Washington Law
The law of the state of Washington recognizes domestic violence as a serious crime against society and recognizes that until the last few decades, domestic violence protections under the law have not always been evenly enforced by law enforcement.
As a result, the state requires that criminal laws be enforced without regard to whether persons are married, cohabiting or in a relationship. Particular protections are given to police officers in the enforcement of domestic violence laws.
As a result of this public campaign against domestic violence, sometimes police, prosecutors and the courts are overzealous in the prosecution of alleged domestic violence, and innocent people suffer as a result.
Domestic violence claims generally rest upon some other improper conduct, such as a physical or sexual assault, placing a person in imminent fear of harm, stalking, harassment, criminal trespass and so forth.
When this conduct occurs between two individuals who are current or former spouses or partners, cohabiting family members, parents and other relatives of a child, or cohabitants who are or were dating, special legal protections come into play.
Even the emotional or economic abuse of an individual where these family-type relationships are present can amount to domestic violence. Domestic violence claims can generally be charged as felonies or as misdemeanors, depending on the circumstances, and getting a defense attorney involved before charges have been filed is important.
Domestic violence complaints can be easily made. Once they are made, the wheels of the state’s justice system begin moving, and recanting or dropping of charges by the complaining party will not necessarily stop the prosecution. Prosecutors have the discretion to continue to pursue domestic violence claims even when the alleged victim drops the charges.
The alleged victim is generally portrayed as one who suffers from battered person’s syndrome or a similar condition and is blaming him or herself and seeking to avoid confrontation with the alleged abuser. Often, when the prosecution forges ahead in these cases, the defendant and the family suffer.
Will You Go To Jail For Domestic Violence In Seattle?
Following a domestic violence charge, many individuals are worried and wonder if they will end up in jail. For a misdemeanor or gross misdemeanor charge, jail time is not guaranteed. However, depending on the circumstances of the case and the offender’s criminal past, serving time in jail is a likely outcome after a domestic violence conviction.
What Are The Penalties For First-Time Domestic Abuse Charges In Seattle?
First-time offenders, regardless of the crime, are generally given lighter sentences depending on the facts of their case. The same is true for domestic violence offenders. Individuals who are first-time domestic violence offenders could still face time in jail and be fined, however. Furthermore, a no-contact order may also be issued by a judge even if you are not likely to re-offend.
Facing Domestic Violence Prosecution In Washington
Domestic violence is not a single statutory crime, but rather a designation given to several different crimes where the perpetrator and victim share a family or household connection. Under RCW 10.99.020(3), this type of bond includes the relationships between spouses, people who were once spouses, people with a child together even if they weren’t married, adults who are related by marriage or blood, and adults living together or who previously lived together. It also extends to 16-year-olds or anyone older who are living together or have lived together and had a dating relationship, and it includes people with a parent-child relationship, including stepparents and grandparents.
Some of the crimes classified as domestic violence crimes if the requisite relationship is present are assault, rape, harassment, malicious mischief and stalking. All of these carry severe penalties if you are convicted of them. Most people think of assault when they think of domestic violence. However, some forms of domestic violence involve other types of criminal conduct. To prove harassment, for example, a prosecutor must show the defendant knowingly threatened to cause bodily injury to the victim, to cause physical damage to somebody else’s property, to subject the victim or someone else to physical confinement or restraint, or to maliciously perform an act intended to substantially hurt the victim or another’s safety. The prosecutor must also show that the defendant placed the person threatened in reasonable fear that he or she would carry out the threat. In other words, a live-in boyfriend who threatens his girlfriend that he will rape her and lock her up if she does not obey him could be found guilty of domestic violence harassment, even if he has not already restrained or raped her.
This crime is usually a gross misdemeanor. But it also can be a class C felony, which has stiffer penalties, if the alleged perpetrator has been previously convicted of harassing the same victim or members of his or her family or a person specifically named in a no-contact order. No contact orders are often requested in the early stages of a domestic violence charge. They forbid the defendant from having contact with the victim and possibly other people in the victim’s family. Violating a no-contact order can itself be a crime of domestic violence.
Federal Domestic Violence Defense
Federal laws also protect against domestic violence. These laws seek to limit domestic violence in two ways. First, federal law prohibits crossing state lines to physically injure an intimate partner, harass or stalk an intimate partner, or violate a protection order.
This conduct is also prohibited on federal Indian lands. Second, federal law limits the rights of domestic abusers to own firearms. Violation of any of these federal laws is a felony.
- Domestic violence crimes overview in Washington state: Our attorneys can help accused Washington residents protect their reputations and find strategies to minimize their charges.
- Domestic violence charges in Washington state: Threatening, stalking or assaulting a domestic partner, spouse or other household member.
- Domestic violence penalties: Those facing domestic violence charges could face a prison sentence of up to one year or a life-long sentence in aggravated cases. Additionally, offenders could face fines ranging from $5,000 to $50,000.
- Child endangerment: The act of placing a child in danger or threatening their safety. Offenders could additionally face felony charges.
- Domestic elder abuse: Neglecting or abusing an elderly loved one whom you are responsible for caring for can lead to severe penalties and consequences.
- Stalking: Stalking falls into the criminal harassment category as this behavior reasonably causes the victim to believe they are in danger and could be harmed.
Schedule A Free Consultation With A Seattle Domestic Violence Attorney Today
If you are facing a domestic violence allegation and need a criminal defense attorney in Seattle, Tacoma, Bellevue, Federal Way and throughout Washington, contact us online today, or call 855-898-2542.