The Truth About Domestic Violence Arrests Why Washington’s Mandatory Arrest Law Matters

When emotions run high, even a simple argument can escalate into a situation that leads to criminal charges. In Washington, domestic violence arrests are often made automatically—whether or not the alleged victim wants someone arrested. This is because of Washington’s “mandatory arrest” law, found in RCW 10.31.100. Understanding how this law works is crucial for anyone accused of domestic violence, or anyone caught in a heated domestic situation.

What Is Washington’s Mandatory Arrest Law?

Under RCW 10.31.100(2), a law enforcement officer must arrest a person without a warrant if there is probable cause to believe that a domestic violence assault or other qualifying offense has occurred within the past four hours. This means that once the police arrive and determine that probable cause exists, an arrest is required by law, even if the alleged victim does not want to press charges.

Mandatory arrest applies to cases involving:

  • Assault between family or household members
  • Violation of a domestic violence protection or no-contact order
  • Stalking or harassment in a domestic context

The intent behind this law is to protect potential victims and prevent further harm. However, it can also lead to unintended consequences for defendants and families alike.

How It Affects Defendants and Families

The mandatory arrest rule removes officer discretion in many domestic incidents. While it aims to prevent escalation, it also means that:

  • Someone will likely go to jail, even if both parties insist no crime occurred.
  • The alleged victim cannot “drop the charges.” Once the arrest is made, only the prosecutor decides whether to move forward.
  • No-contact orders are typically issued automatically at the first court appearance, preventing any contact—even if the couple wants reconciliation.

For many defendants, this can lead to immediate separation from family, housing instability, and employment issues long before guilt or innocence is determined.

Common Misunderstandings in Domestic Violence Cases

Because of Washington’s strict approach, several misunderstandings often arise:

  • “If my partner doesn’t want to press charges, the case will be dropped.”
    False. The State prosecutes, not the alleged victim.
  • “I can contact my partner to clear things up.”
    Dangerous. Any contact may violate a no-contact order and result in new charges.
  • “It’s just a misdemeanor—it’s not serious.”
    Wrong. A domestic violence conviction can affect gun rights, custody, housing, and immigration status.

Even a brief argument or accidental contact can become a criminal matter with long-term consequences.

If you’ve been arrested for domestic violence in Washington, do not try to explain your side to police or prosecutors without an attorney. Everything you say can be used against you later. A skilled criminal defense lawyer in Vancouver, WA can:

  • Challenge whether probable cause truly existed for the arrest
  • Seek to modify or lift no-contact orders
  • Explore diversion programs or negotiated resolutions
  • Protect your rights, reputation, and family stability

Every domestic violence case is unique, and early legal intervention can make the difference between dismissal and conviction.

Protecting Your Future

Washington’s mandatory arrest law under RCW 10.31.100 reflects the State’s commitment to preventing domestic violence, but it also means that innocent people can face serious legal consequences after emotionally charged incidents. Whether you are accused or trying to protect a loved one, knowing your rights and acting quickly is critical.

Contact the Law Office of Erin Bradley McAleer

If you or someone you love has been arrested for domestic violence in Washington, don’t face it alone. The Law Office of Erin Bradley McAleer has extensive experience defending clients in Vancouver and throughout Southwest Washington against domestic violence charges.