When the police are called during a domestic dispute in Washington State, an arrest almost always results. If you are accused of unwanted physical contact, damaging property, or threatening harm, that is probable cause for an arrest.
All too often, law enforcement will take the side of the person who made the 911 call. Most domestic violence (DV) arrests have unfair elements that are based on either exaggerations or false accusations made during the heat of the moment. These wrongful accusations can result in your rights being trampled on.
What actually happened can be very different from the narrative in the police report, especially when alcohol is involved. Regardless of what did or did not happen, you deserve the best possible representation from a domestic violence attorney.
What happens after an arrest for Domestic Violence?
It is a common misunderstanding that after the arrest, the alleged victim can decide to press charges or drop charges. In Washington State, it is ultimately the prosecutor’s decision to file charges or dismiss the case.
In Washington courts, prosecutors often press charges against the wishes of the alleged victim. If the accuser wants to recant or take back accusations made to the police, they can be charged with making a false police report, which is a gross misdemeanor.
For a first time domestic violence charge in Washington State, it is common for an accused person to unknowingly hurt their case while they remain unrepresented. A domestic violence attorney should be involved as early in the process as possible, to get ahead of the charges and preserve your rights and defense options.
During the early stages of a case, a DV lawyer can sometimes prevent:
- Criminal charges from being filed
- Incriminating statements from being made
- More serious or additional charges from being filed
- Court orders prohibiting contact with the purported victim
- Unnecessary jail time
Common Domestic Violence charges in WA State
DV Assault – If there are allegations of unwanted physical contact, Domestic Assault charges are normally filed. Domestic Violence laws do not require an injury or visible mark on the skin. Law enforcement officers are trained to ask the alleged victim if hands were placed on the throat area, as a choking accusation is a felony domestic violence charge.
No Contact Order Violation – Court orders preventing communication with the purported victim are normally issued after an arrest for domestic violence. These orders are very easy to violate and can cause considerable hardship. A violation of a No Contact Order is an additional criminal offense in Seattle, Bellevue, Kent, Everett, & other jurisdictions in WA State.
Harassment – Even if there is no physical contact or damage to property, threats of harm to a person or their property is enough to result in Harassment charges. Police will err on the side of the threat being serious, even if it was an empty threat or joke.
Malicious Mischief – When there are accusations of damaged property, criminal charges for Malicious Mischief or Destruction of Property are likely. You can be arrested for damaging your own property during a domestic argument.
How do I prevent a Domestic Violence conviction?
Much of the information in the police report is hearsay and often there is no witness to back up the story of the alleged victim. If there was a physical struggle resulting in an injury, it can be difficult to prove who instigated the fight and who was acting in self-defense.
At Beckwith DV Law, we have successfully defended over 1000 clients with first time domestic violence offenses or with prior DV history. We will conduct an independent investigation to uncover any evidence that is favorable to your defense. A carefully crafted defense will put you in the best possible light, even in situations where guilt may have been admitted to law enforcement.
Will my DV case go to a jury trial?
In most situations, we can convince the prosecutor that they lack the evidence needed to meet Washington State’s burden of proof, avoiding a jury trial. This can allow for a settlement that results in a case dismissal, slow dismissal, or significantly reduced consequences.
You always have the option to go to trial. However, the great majority of our clients are happy with the settlements we negotiate and choose to avoid the risk and stress of a jury trial.
What areas do you serve?
We fight criminal accusations in Seattle, Bellevue, Everett, Kent, Tacoma, Olympia & other courtrooms throughout King, Snohomish, Pierce, Thurston, & Kitsap County.
You can call us any day of the week (including after-hours) for a free consultation.
