Domestic Violence Arrest in Washington

The first step after a domestic violence arrest in Washington is for you to be taken into custody for the incident and to be brought before a judge within one judicial day. That judge will typically include conditions of release including a no-contact order as part of his or her order releasing you from jail. It is the prosecutor for the domestic violence case, not the alleged victim, who decides whether or not to file charges for the incident.

What happens in the first 24-72 hours can greatly determine the course of your case, including the statements that you make, who you contact, and the provisions that the court sets for you to follow.

Why Do Police Arrest Domestic Violence Offenders So Fast?

Domestic Violence is taken very seriously in the state of Washington and enforcing strong laws to protect victims of abuse is a high priority. There are specific rules that police are required to follow when responding to a domestic violence call for service.

Several points often surprise people:

• They can even arrest without having seen the incident. The officer has enough to make an arrest for a domestic violence crime if he/she has reason to believe that a domestic violence crime has occurred and there is sufficient evidence to establish probable cause for the same.
• Law enforcement officers attempt to identify the “primary aggressor” to make an arrest when there are mutual accusations of physical or emotional abuse.
• It is often mistakenly believed by the public that the alleged victim can drop the charges. That is not true, however. Although the alleged victim may have called for police assistance and subsequently want to discontinue any further action by the prosecutor’s office, the alleged victim has no control over whether or not charges will be filed.

What Counts as Domestic Violence in Washington?

Domestic violence is not one single crime but rather a term used by the state to describe a group of crimes that are deemed to be directed or targeted towards a family or household member. The following relationships qualify for domestic violence:

• Spouses and former spouses
• Current and former dating partners
• Parents and children
• People who live together or used to
• Family members related by blood or marriage
• People who share a child

Common offenses with a domestic violence designation include:

• Assault in the fourth degree
• Assault in the second degree, including strangulation allegations
• Harassment and stalking
• Malicious mischief
• Unlawful imprisonment and kidnapping
• Interfering with the reporting of domestic violence
• Violation of a no-contact or protection order

Step-by-Step: What Happens After the Arrest

Step 1: Booking and Jail

After your arrest for Domestic Violence, you will be taken to the Clark County jail where you will be processed for booking by having your pictures and fingerprints taken and various other pieces of information about you collected and recorded by jail staff. Sometimes a domestic violence arrest allows a person to post bail and go home but often a Domestic Violence arrest does not. Most often the first hearing before a judge regarding a Domestic Violence arrest is a setting of bail and a reading of the conditions of release.

Step 2: The First Appearance Within One Judicial Day

Washington requires a first appearance within one judicial day of arrest for domestic violence related offenses. This is a mandatory appearance that you cannot waive. At that first appearance the Judge will determine if sufficient information exists to find probable cause for the arrest, set bail and discuss release conditions, and consider the defendant’s criminal history as well as the alleged victim’s safety in ordering protections.

• Decide whether probable cause supports the arrest
• Set bail or release conditions
• Review of matters regarding defendant’s prior history of similar criminal conduct and alleged victim’s safety!
• Issue a no-contact order

Step 3: The No-Contact Order

A no-contact order will prevent you from contacting the alleged victim in the following ways:

• In-person contact
• Phone calls, texts, emails, and social media messages
• Contact through friends or family members
• Going near the person’s home, workplace, or school

Remember that violating a no-contact order is in and of itself a separate crime, whether or not the alleged victim initiated contact with you or invited you to violate the order. Only the issuing court can modify or dissolve a no-contact order.

Step 4: Release Conditions

The judge may impose other conditions, such as:

• Posting bail
• Reporting to pretrial supervision
• Surrendering firearms
• Moving out of a shared residence
• Avoiding alcohol or drugs
• Wearing an electronic monitor

Step 5: The Prosecutor Reviews the Case

Once the case information has been compiled by the police, the evidence collected such as photographs, statements and 911 calls, and any medical evidence, the case is reviewed by the prosecutor’s office to determine whether or not to charge the defendant with a crime and what exactly he or she would be charged with. Often a case takes days to weeks to reach this stage of the process.

Step 6: Arraignment

The charges will then be read in court in an arraignment hearing. In this hearing the defendant will enter a plea and the judge will again review the conditions of release. The defense attorney may also request modifications to the no-contact order and other conditions of release.

Step 7: Pretrial Proceedings

Your lawyer reviews evidence, talks to witnesses for your case and files various motions. The defense can attack the arrest, search and the admissibility of statements made by you. The state can enter into a plea agreement with you as well.

Step 8: Resolution

Your case ends in one of several ways:

• Release from case when evidence did not support arrest and or charge could not be proved by State.
• A negotiated plea to the original charge or a lesser charge.
• Trial before a judge or jury
• Deferred or alternative resolutions in limited situations

What Penalties Can You Face?

Penalties for offenses in this chapter will be disclosed for each charge.

Judges also commonly order:

• Domestic violence treatment programs
• Probation and no-contact conditions
• Counseling or substance abuse treatment
• Fines and court costs
• Restitution

The Long-Term Consequences

If you are convicted of domestic violence your long-term consequences could be severe.

• Loss of right to possess firearms as granted under Washington and federal law.
• A permanent record that appears on background checks
• Housing and job difficulties
• Child custody and parenting plan effects
• Immigration consequences for noncitizens
• Professional license risks

Even a misdemeanor domestic violence charge can have serious long-term consequences, so it is very important to have effective counsel to defend you in such a case.

Common Defenses in Domestic Violence Cases

As with any case, every DV case is different and there are a number of possible defenses to a DV charge including:

1. Self-Defense

The use of reasonable force to defend yourself and others against harm. Your attorney can argue that you were simply defending yourself or others and that the State will have to prove otherwise.

2. False or Exaggerated Accusation

Texts, videos and testimony from witnesses can be used to expose false and exaggerated accusations by one party in a dispute over matters such as child custody and visitation, child support and marital property distribution in connection with a pending divorce proceeding.

3. Insufficient Evidence

Once proof of injury, independent witness or witness statements are shown then the state has proven the requisite element of the offense and it is up to the defendant to prove reasonable action was taken.

4. Mistaken Identification of the Aggressor

He was mistakenly arrested for the role of the aggressor in a dispute between two people.

5. Unlawful Police Conduct

If police violated your rights during a search, arrest, or interrogation then the evidence obtained as a result of such misconduct can be excluded from trial.

6. Hearsay and Confrontation Problems

This is where the State relies upon 911 calls and officer statements. Many of these statements are inadmissible against the accused because the State’s key witness refuses to testify.

What to Do After a Domestic Violence Arrest

Take these steps right away:

• Be silent. Tell the officers that you would like to speak with your attorney before any questioning.
• Even if the other party asks you to contact them, continue to honor the no-contact order exactly as set out in the no-contact order.
• Don’t discuss your case with others including family and friends and refrain from posting about your case on social media.
• Try not to encourage the alleged victim to recant their story. This can get you charged with witness tampering.
• Preserve evidence. Gather together all of your text messages and photos as well as a list of and contact information for all of the people who could be considered witnesses to the incident.
• Surrender firearms if the court orders it.
• Attend every court appearance as missing a single hearing can result in the issuance of a warrant for your arrest.
• Call a criminal defense attorney immediately.

How Mcaleer Law Can Help

The Mcaleer Law firm will vigorously defend you against all charges related to domestic violence in Vancouver, Washington, including initial release, Jail and Court appearances, negotiation of charges with the State, and trial.

We will:

• Represent you at your first appearance and arraignment
• Work to have the best possible conditions of release as well as modifications to any existing no-contact orders.
• Investigate the incident and challenge the state’s evidence
• Negotiate with prosecutors for reductions or dismissals
• Prepare your case for trial when necessary

Need an Attorney for Domestic Violence Arrest? Contact Now

Frequently Asked Questions

How long will I stay in jail after a domestic violence arrest in Washington?

For purposes of an initial appearance before a judge and release from jail, Washington has a 1 judicial day rule to set an initial appearance date for charges of domestic violence.

Can the alleged victim drop the charges?

The alleged victim’s wishes carry no weight in terms of how the prosecutor decides to charge or dismiss a case involving domestic violence against you.

No contact with alleged victim after release from jail.

Even if the alleged victim wishes for you to contact them after your release from jail, the presence of a no-contact order bars such contact and can result in a new charge for contact in violation of a no-contact order.

What is a domestic violence designation?

A “domestic violence” designation is given to a charge of a defendant who has been in a relationship with the victim of the offense charged. This designation often carries additional conditions and consequences of a conviction, such as the no-contact order and restrictions on possession of firearms.

Can I get a domestic violence charge dismissed?

Yes, your charges can be dismissed. McAleer Law can review the evidence and explore grounds for dismissal, including evidence that has been suppressed by the government, negotiation with the prosecutor, and other avenues.

Will I lose my gun rights?

In addition to the potential penalties for a domestic violence conviction, a conviction for certain offenses can lead to a loss of firearm rights for both state and federal offenses. Even prior to a conviction, a party can be ordered to surrender all firearms in his or her possession.

Can I move back into my home?

Even if the no-contact order was entered as part of the domestic violence arrest, you can ask the judge to modify the order as to your residence in your release hearing or in a later hearing set by your attorney.

Should I talk to the police?

No. Statement made to police can be used against you at trial. First speak with attorney about the incident.