Domestic Violence FAQs

If you or a loved one are facing a domestic violence charge, please contact us immediately for a free initial consultation at (425) 258-6751 or Toll Free (800) 851-6751

What is domestic violence in Washington State?

In Washington DV stands for domestic violence and is a label attached to certain types of cases as they are processed through the legal system. This label can be attached to misdemeanors and felonies.

Washington law defines a domestic violence crime as any crime when committed by one family or household member against another or against someone with whom you have a "dating relationship". RCW 10.99.020

A "family or household member" means:

• a spouse
• former spouse
• people who have a child in common
• adults related by blood or marriage
• adults who are presently living together or who have lived together in the past
• people sixteen years of age or older who are living together or have lived together in the past
• people sixteen years of age or older who have or have had a dating relationship
• people who have a parent-child relationship (biological or legal). This includes stepparents, stepchildren, grandparents and grandchildren.

A "dating relationship" means a social relationship of a romantic nature. To determine if a "dating relationship" exists the court may consider; (1) the length of time the relationship has existed, (2) the nature of the relationship, and (3) the frequency of interaction between the parties. RCW 26.50.010

What are the consequences of domestic violence conviction in Washington State?

Consequences of a Washington Domestic Violence Charge.

If you are accused of a Washington DV crime you are facing very serious and long-term consequences.

Consequences before you are even convicted can include:

• Immediate arrest and incarceration in jail when police respond to a domestic violence call. Washington DV laws require that the police make an arrest when responding to a DV call if there is probable cause to believe that a crime has been committed. This is true even if you have no criminal history, the accusations are just one person's word against yours, there are no injuries, or the accusations are relatively minor. RCW 10.99.030.
• The issuance of a no-contact order while the case is pending which can prevent you from residing at your home, contacting your children, or accessing your property, among other things. You will be given one opportunity for a visit home to collect some necessary items with a law enforcement escort. This no-contact order can, and generally will, be imposed EVEN IF the other person involved in the incident does not want it. RCW 10.99.040
• Prohibitions on possessing firearms or dangerous weapons as a condition of release from jail. This can be especially damaging if you work in a position that requires you to possess a firearm (i.e. the military, law enforcement, security work).

If you plead guilty to a Washington DV crime or are convicted after a trial you would face the following additional consequences:

• Jail time
• Fines and costs as authorized by law
• Probation
• Court ordered participation in a one year state approved Domestic Violence Batterer's Treatment Program at your expense.
• Issuance of a no-contact order that can remain in effect during the entire time the court has jurisdiction (such as two years). This can, and often will, be imposed even if the other party to the order does not want it.
• Loss of your right to possess a firearm. This loss is permanent unless you successfully petition to court to reinstate your rights. This is true even if you are employed in a field that requires you to lawfully possess a weapon (i.e. the military, law enforcement, security work). RCW 9.41.040
• Limitations on your rights to residential custody and visitation with your children. RCW 26.09.191 & RCW 26.10.160
• Serious immigration consequences if you are not a United States citizen.