Frequently Asked Domestic Violence Questions
Being charged with a crime described as a "crime of domestic violence" can be confusing and embarrassing. You can face jail time, lose your right to possess a firearm, or even be forced to move out of your home before you are even convicted!
And if you have been labeled by the prosecutor or the police as a "victim" of domestic violence, you might find that the government is trying to protect you by keeping your husband or wife away from you and forcing you to testify - even when you don't want this "protection."
Here are few answers to some frequently asked questions about domestic violence offenses. PLEASE BE ADVISED that these FAQ's are simply meant to provide general information, and are no substitute for consulting with an attorney. If you want to consult with an attorney in regards to the specifics of your case, please give us a call as soon as possible.
Q1: What is a crime of domestic violence?
A1: Under RCW 10.99, any criminal offense can be named a 'crime of domestic violence' if the two parties involved in the crime have a relationship that is described in the statute as "family or household members." The definition of 'family or household members' is exceedingly broad; it includes roommates, blood relatives, in-laws, people who are currently in a dating relationship, people who have once been - but are no longer - in a dating relationship, people who have a child in common, as well as married people, and others.
Q2: What additional consequences can happen to me if I am convicted of a crime that is described as a 'domestic violence offense'?
A2: Typically, any criminal offense is punishable by jail, fines, and probation. For example, a fourth degree assault is punishable by a maximum penalty of 365 days in jail, a $5,000 fine, and/or two years of probation. However, in addition to these usual punishments, a fourth degree assault-domestic violence conviction subjects you to additional penalties and conditions. With a DV conviction, you lose your right to use, own, or possess a firearm. This consequence can be especially destructive to you if you are in the military or law enforcement, or any other profession that requires the use of a weapon. You can also be ordered to attend special domestic violence treatment classes, and be required to comply with additional no contact orders and other special terms of probation.
Q3: I went to court for an arraignment to plead not guilty to the charge, and the court made me sign an order stating that I would have no contact with my wife, and I could not go back home while she was there. Can they do that? What am I supposed to do?
A3: Unfortunately, in too many cases, people charged with a domestic violence offense are treated as if they are guilty before they are ever convicted. The court does have the power to put a no contact order in place as pretrial condition, but only under certain circumstances. You can bring a motion to lift the pretrial no contact order and our firm can give you specific advice and assistance with that process depending on the specific circumstances of your case. But until the order is removed, you must comply. If you are found to have violated the conditions of that order, that can subject you to additional domestic violence charge of violating a no contact order. This is true EVEN if the "protected party" doesn't want the order in place and wants to be able to see you.
Q4: My husband was arrested for assaulting me and I didn't even want him to be arrested. I told the officers not to arrest him, and they still did. Then the court wouldn't let him come back home, and now the prosecutor's office wants me to testify in a trial. I just want this to go away. Is there anything I can do?
A4: As a witness, or as someone who has been identified by prosecutors or police as a "victim", you do have legal rights. You can make your own motion to lift any no contact order that prevents another from having contact with you. You also have rights with regards to subpoenas and being forced to testify in court, and we would be happy to consult with you in regard to your rights and your options when confronted with such circumstances.
