Domestic Violence in Washington

What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence in Washington carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in King County with a domestic violence or related offense, it's imperative to contact a domestic violence defense attorney.

You have rights, and at Anchorpoint Family Law Group, we are here to uphold your rights and defend any allegations made against you. Call us at (206) 589-8181 to schedule a Consultation today.

Domestic Violence in Washington

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse. In Washington State, "coercive control" includes many forms of domestic violence including dissemination of personal images, withholding of personal documents, economic control, threats against immigration status, and acts or threats of suicide.

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
violate a qualifying Protection Order (18 U.S.C. Section 2262)

Consequences of Alleged Domestic Violence in Washington

When a respondent is found to have acted with domestic violence, the court has the power to order a protection order. Protection orders can be made even when the respondent isn't present in court. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or court commissioner has made a specific findings of domestic violence against you.

When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

It can restrict a respondent 's contact with the victim and their children; and
It can require the respondent to leave the family home.

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.

Domestic violence offenses can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence finding or background.

Conditions of Domestic Violence Findings in a Civil Matter in Washington

The conditions required under an Order for Protection for domestic violence fining include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, conditions, in the civil context, can include but are not limited to:

Limited contact with children
Anger management and parenting classes
Domestic violence treatment or counseling programs

When issuing these conditions, the court will take into account circumstances, like:

the level of injury sustained by the victim
whether a weapon was used or a child witnessed the crime
whether there were any violations of an existing protection order
the personal characteristics of the victim, such as older age or pregnancy

Responding to Domestic Violence Allegations in Washington

A person can respond and defend against a domestic violence allegation in Washington. Some common defenses include:

Self-defense or defense of others, where reasonable force was used to prevent an attack
Lack of evidence, if the petitioner fails to present enough evidence to show actual threat of imminent harm
False allegations, where the victim has lied about what happened
Accident, where the defendant unintentionally caused the injury

A finding of domestic violence can have a long-lasting impact on many aspects of a respondent's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a family law attorney with experience handling domestic violence allegations.