Domestic Violence Offenses In Washington
WHAT IS A DOMESTIC VIOLENCE OFFENSE?
The term “domestic violence” is a term of art, meaning that the legal meaning is different from what the term may mean to you. It is defined by RCW 10.99.020. In the eyes of the law, domestic violence means there is a relationship between the person alleged to have committed the crime, and the alleged victim. That means that domestic violence is not a classifier of the type of crime that occurred, but only a designator of the relationship between the parties.
Who qualifies as a victim of domestic violence?
A family member
A person you live with
An “intimate partner”, which may be any of the following:
A current or former spouse or domestic partner
Someone you currently are, or were in a dating relationship with.
Someone that you have or had a child with
Someone you previously lived with
What types of offenses are considered domestic violence?
Domestic violence crimes are classified by the relationship, not by the type of offense. So, there are various types of crimes that can be considered domestic violence crimes. Some of these charges may sound surprising. For example, a malicious mischief charge (which is property damage) may not sound like what you would expect in a domestic violence offense, but it is often charged that way because of a relationship between the two parties. If the offense is alleged to be committed against a spouse, roommate, or relative it can be charged as domestic violence.
Some domestic violence offenses include:
Read more about your specific charge by clicking on it above!
WHAT CAN YOU DO ABOUT A DOMESTIC VIOLENCE CHARGE?
You can get help at any stage of this process. If you have been accused of, arrested for, charged with, or even convicted of a domestic violence charge we can help.
What can I do if I have been accused of domestic violence?
If something that would qualify as domestic violence has happened, or accusations have been made against you, don’t just wait and see what happens. It is never too early to get advice, an attorney can help you decide whether it is time to get an attorney on board. Time is of the essence in criminal cases, and early intervention can make a huge difference in your case.
We can work to stop charges from ever being filed against you at all, so that you can walk away with a clean record.
If you need help stopping charges from being filed against you, schedule a free consultation to get help here.
If police want to talk to you, consult an attorney before ever agreeing to speak to them alone.
You have a right to have an attorney be your side throughout this process. If law enforcement wants to speak with you, read more about your rights and what to do here.
What can I do if I have been arrested for domestic violence?
If you have been arrested for a domestic violence offense, there still may be time to stop the charges from being filed against you. For many people, even an accusation of domestic violence can cause them trouble in their life or work. For that reason, many people make the decision to bring an attorney onboard early to work to stop the case from progressing any further. If you are in this position, you can schedule a free consultation here to find out what we can do to help you, and if getting an attorney’s help now is right for you.
If you have only been arrested, and no charges were filed, there are ways to clean up your arrest record. Contact us, for more information.
What can I do if I have been charged with domestic violence?
If domestic charges have been filed against you, then you will have a date set to appear in court. You have a right to have an attorney represent you in court, take advantage of that right and never go it alone. If charges have been filed that means the court process has begun and you will need an attorney’s help to navigate that. Start your search early so you will have an attorney for your first court date. You can read more about what to do if you are charged with a crime here.
Can I get a domestic violence charge dismissed?
Yes you can. Just because charges have been filed against you, doesn’t mean you have to settle for a conviction and the consequences that come along with it. An attorney can you help you fight to get your charges dismissed, and get you the best result possible. Read more about possible case outcomes here or schedule a free consultation to discuss the specifics of your case here.
What can I do if I have been convicted of domestic violence?
If you have been convicted of a domestic violence charge, the fight does not have to end there. You can also get legal help with the consequences of these charges, such as help reinstating your right to possess firearms. Many people also have probationary conditions they must complete after a sentence which can require you to go to hearings before the court. Probation violations can result in additional punishments, but we can help advocate for you if this happens to you. Learn more about the consequences of a domestic violence charge and what can be done about them below.
WHAT HAPPENS IF I AM CONVICTED OF A DOMESTIC VIOLENCE CHARGE?
Unfortunately, domestic violence convictions can have serious consequences. Some of these consequences are mandatory with a conviction for a domestic violence offense. Some of these potential consequences are discretionary – meaning it is up the terms of the resolution your attorney can work out for you, and ultimately what the judge decides.
Here is an overview, below:
CONSEQUENCES OF DOMESTIC VIOLENCE CONVICTIONS
These potential consequences include, but are not limited to:
Jail or Prison Time
Community Service Work
Electronic Home Monitoring
Probation or DOC Supervision
Fines and Restitution
Domestic violence class
No-Contact order
Loss of firearms rights
Read more about each below.
Jail or Prison Time
Misdemeanors that have a DV tag are actually considered “gross misdemeanors” and have higher penalties than regular misdemeanors. If you are convictedof a misdemeanor or gross misdemeanor you are subject to the possibility of jail time. If you are convicted of a felony you may be subject to serving time in prison. The sentences range as follows:
Misdemeanor: 0-90 days
Gross misdemeanor: 0-365 days
Felony: 0-life in prison depending on the charge and your offender score
Class C felony: 0-5 years
Class B felony: 0-10 years
Class A felony: 0-life
Many DV cases are charged as gross misdemeanors where the maximum sentence is just under one year. However, if charged as a felony, depending on your criminal history you could be subject to prison time.
Community Service
In some cases, a judge may allow you to serve your jail sentence by completing community service instead. When this is a case the conversion rate is higher - often times 3:1, where one day of jail (24 hours) converts to 72 hours of community service to satisfy the jail requirement. There will be a date the community service must be completed by, and if not done by that date the outstanding time could be converted back to jail time. Community Service must be completed at a Non-profit organization and you must have someone sign off on your hours as proof. That proof also must be submitted to the court so that they know you have completed it.
Electronic Home Monitoring
A court may allow you to serve your sentence by Electronic Home Monitoring (EHM), commonly known as house arrest. An EHM ankle monitor that cannot be removed will track your movements and report back to the jail that is monitoring you. EHM is a great option because it allows people to work while serving their sentence. In fact you can do work, run to the grocery store, go to the doctor, etc. as you normally would, but all movements must be pre-scheduled and approved by the jail monitoring you. If you are not where you are supposed to be at any given time, you could be in violation of your EHM and be required to serve your sentence in jail, or even get additional charges. Some counties are not able to monitor you if you reside outside of the county, and it does require a stable living situation in order to be approved.
Probation or DOC Supervision
Misdemeanors that have a DV tag are gross misdemeanors and have higher penalties than regular misdemeanors. For a gross misdemeanor the probationary period is 5 years, Felonies come with the possibility of DOC supervision, which varies depending on the charge. This is similar to probation but is monitored by the Department of Corrections, and not a probation department within a court.
Active vs Inactive Probation
In Washington, there are two different kinds of probation. Active probation is supervised probation – meaning you will need to check in with your probation officer. Inactive probation will be unsupervised, meaning you will not need to regularly check in with your probation officer, but there will still be conditions. The level of supervision depends on your case and the requirements imposed by your sentence. When you are sentenced the court may give you affirmative conditions – things that they are asking you to do; and negative conditions - things that they are asking you not to do during that period. For example, an affirmative condition may be to complete a class, like a domestic violence course. A negative condition may be to not commit any crimes during the probation period. Your probation will be supervised if there are affirmative conditions in your sentence. If your probation is inactive, it will be unsupervised, meaning as long as you stay away from those negative conditions you will be in good standing with probation.
Will my probation be formal or informal?
Because a domestic violence charge sentence carries some mandatory affirmative conditions, the probationary period will be supervised, and therefore active probation.
Can I terminate my probation early?
Yes, you can request a modification to the terms of your probation at any time. If you are on active probation and have completed the affirmative conditions of your sentence – for example community service or restitution, you will be converted to inactive probation where you are not actively being monitored. You can also petition the court to close your probation early if you have met all the conditions.
Fines and Restitution
Fines
All felonies and misdemeanors come with the possibility of fines. In fact, domestic violence convictions have mandatory fines that everyone convicted of a domestic violence charge will be subject to, those mandatory fines total $115.00. All fines can be put on a payment plan with the court to give you time to pay, but paying it is an affirmative condition of your sentence and can keep you on probation until completed. The range of the potential fine varies by charge.
Misdemeanor: 0-$1,000
Gross misdemeanor: 0-$5,000
Felony: 0-$50,000 depending on the charge
Class C felony: 0-$10,000
Class B felony: 0-$20,000
Class A felony: 0-$50,000
Restitution
All felonies and misdemeanors come with the possibility of restitution, which is reimbursement to the victim. Whether a court orders restitution depends upon whether the victim requests it. After being requested by the victim, the amount must then be approved by the court. Restitution is reimbursement to the victim for damages that were caused by the crime. Examples of restitution payments can be: reimbursement for property damage, medical bills, counseling, lost wages, even less expected costs that are collateral damage of the offense. Restitution may be something you agree is fair as a part of an agreement, or may be an issue you argue before a judge who will ultimately decide what is fair.
Domestic Violence Class
Most convictions for a domestic violence offense carry a requirement to complete domestic violence classes. This is usually a 12 month program. Completion of this program is an affirmative condition of probation, and you must also submit proof of completion. The court could also sentence you to serve other types of treatment, for example for drugs and alcohol or anger management.
Domestic Violence No-Contact Order
A Domestic Violence No-Contact Order (DVNCO) can be issued by the court when you are arrested for a domestic violence charge, and it may continue as a condition of your sentence. A DVNCO can even require you to be removed from your own home if the alleged victim resides in it. You can request a modification of the terms of the NCO, or termination. The alleged victim also has a say in whether they want this order or not - which will weigh heavily in the court, but the court can issue this order even over the objections of the alleged victim.
Violating an order of this kind is a crime. Violation of a DV NCO can be charged as a misdemeanor, or if it is your third, a felony. Entering the home of someone who has a DV NCO against you can also be charged as a residential burglary. So if you have an order like this in place - be mindful to obey it, or get an attorney on your side to help you change it.
Firearm Prohibition
Domestic violence convictions, even for misdemeanors will result in the loss of your firearm rights, for life. This means you will not be allowed to lawfully possess a firearm or ammunition, and doing so would be a crime. We can help you request a reinstatement of your firearms rights. All felonies carry a lifetime firearm ban, whether a domestic violence charge or not.
Federal Ban
There is a federal firearms bans for people convicted of domestic violence offenses as defined by federal law. If the offense qualifies as a domestic violence misdemeanor under federal law, it could result in a lifetime ban.
