Seattle Domestic Violence Lawyer

Your Trusted Advocate for Domestic Violence in King County

If you have been charged with domestic violence, you need counsel willing to fight for your constitutional rights. Hale Law Enterprises provides a dedicated attorney you can trust to fight aggressively on your behalf. Attorney Matthew T. Hale has successfully handled thousands of cases, including high-profile cases. His record demonstrates his ability to represent clients effectively and is a testament to his success!

Have you been charged with domestic violence in Washington State? Call Hale Law Enterprises today at (206) 207-4776 or contact us online to schedule a meeting with our domestic violence lawyer in Seattle! 

What is Considered Domestic Violence in the State of Washington?

In the state of Washington, domestic violence refers to a pattern of behavior used by one person to gain or maintain control over another in an intimate relationship, family, or household. Domestic violence can occur between spouses, partners, individuals who share children, or even in situations involving family members such as parents and children, siblings, or elderly relatives.

Washington law defines domestic violence as any of the following behaviors, when committed by one family or household member against another:

• Physical abuse: This includes hitting, slapping, kicking, choking, or any form of physical harm or injury.
• Sexual abuse: Any non-consensual sexual act or behavior, including sexual assault or coercion.
• Emotional or psychological abuse: This includes threats, manipulation, humiliation, or any behavior that aims to control or intimidate the victim.
• Economic abuse: Controlling or limiting the victim's access to financial resources, employment, or economic independence.
• Stalking or harassment: Repeated, unwanted behavior that creates a reasonable fear for the safety of the victim, including following, spying, or constantly contacting the person.
• Threats: Any threats to harm the victim, their children, or other loved ones.

Understanding the Impact of Domestic Violence Charges

The ramifications of domestic violence are tied to the specific acts and whether they are considered felonies or misdemeanors. There are a variety of different “classes” of both felonies and misdemeanors, and you will need to talk with your Seattle domestic violence lawyer during your free consultation to discuss precisely which category your case falls under. 

Some domestic violence acts that can be classified as a misdemeanor are:

• Assault
• Intimidation with a weapon
• Harassment
• Stalking
• Malicious mischief
• Reckless endangerment
• Violation of protective order (gross misdemeanor)

Most domestic violence acts that can be classified as a felony are ones involving a deadly weapon or sexual assault.

Protective Orders in Domestic Violence Situations

Did you know that courts have a right to issue a protective warrant without you even being present at the hearing? These are called ex parte temporary protective orders and can prohibit the defendant from coming within a certain distance of a location. If you have an ex parte temporary, pre-trial, or any protective order on your record or in the future, call your highly knowledgeable Seattle domestic violence attorney at Hale Law Enterprises, who can help you fight for your rights.

Understanding Penalties for Domestic Violence in Washington

Fines

Different fines are associated with a conviction depending on the severity of your case. Misdemeanor acts can cost you up to $1,000 in fines, while gross misdemeanors can cost up to $5,000. Class C Felony acts (such as third-degree assault of a child) can cost up to $10,000, class B can cost up to $20,000, and class C can cost up to $50,000. In Washington, domestic violence convicts must pay a special fee of $100. There may be additional court fees as well.

Jail Sentences for Domestic Violence Offenses

Again, this type of sentencing depends on how your case is categorized and the specific circumstances of your case. For a misdemeanor, you can be sentenced to up to 90 days of imprisonment, and up to 364 days for a gross misdemeanor. For a felony, you could be imprisoned for 5-10 years or even for life, depending on the type of felony.

Loss of Firearm Rights

Domestic violence convictions often result in the loss of the right to own or possess firearms. This can have serious implications, especially for individuals who require firearms for their occupation or personal safety.

Child Custody Issues

Domestic violence charges can complicate custody arrangements. If you are involved in a divorce or custody battle, allegations of domestic violence can result in a loss of custody or limited visitation rights. The court will prioritize the safety and well-being of the children when making custody decisions.

Protection Orders

A domestic violence conviction can also result in a permanent protection order that restricts your ability to interact with the victim. This may impact your personal relationships and cause significant emotional and psychological stress.

How to Defend Against Domestic Violence Charges?

Building a defense against domestic violence charges in Washington requires a careful review of the situation and crafting a strategy that aligns with the facts. Common defenses include self-defense, where you were acting to protect yourself or others from imminent harm, and false accusations, where the alleged victim may have fabricated the story to gain an advantage in family disputes. Lack of evidence is another defense, as the prosecution must present credible proof, such as physical evidence or testimony, to convict.

In some cases, mistaken identity may be a valid defense, especially if you can provide an alibi or evidence that clears you from involvement in the incident. Additionally, if constitutional rights were violated during the investigation or arrest, any evidence obtained unlawfully may be excluded from court. A Seattle domestic violence attorney can help assess the situation and determine the best defense to protect your rights and interests.

Is It Possible to Have Domestic Violence Charges Dismissed?

Domestic violence charges can be dropped in Washington State, but the decision to drop the charges is ultimately up to the prosecutor handling the case. Here are some things to keep in mind:

• The alleged victim does not have the power to drop charges: In Washington State, it is the prosecutor's decision whether or not to pursue domestic violence charges. Even if the alleged victim wants to drop the charges, the prosecutor can still decide to move forward with the case.
• The prosecutor may consider the victim's wishes: While the prosecutor is not required to drop charges at the alleged victim's request, they may consider the victim's wishes when deciding whether to pursue the case.
• The prosecutor may consider other factors: The prosecutor will also consider other factors when deciding whether or not to drop domestic violence charges, such as the severity of the alleged incident, the defendant's criminal history, and the strength of the evidence against the defendant.
• The defendant may be able to request a dismissal: If the prosecutor decides to move forward with the case, the defendant may be able to request a dismissal if there are legal grounds for doing so, such as insufficient evidence or a violation of the defendant's rights.

Overall, whether or not domestic violence charges can be dropped in Washington State depends on the specific circumstances of the situation and the discretion of the prosecutor handling the case.

Frequently Asked Questions About Domestic Violence Defense

What Happens After a Domestic Violence Arrest in Seattle?

When someone is arrested for domestic violence in Seattle, they are typically booked into jail and held without bail until a judicial hearing, usually within 24 hours. The judge will review the case, determine probable cause, and may impose a no-contact order (NCO), preventing the accused from contacting the alleged victim. Bail may be set at this hearing, and the defendant may be released with conditions.

What is a No-Contact Order (NCO), and How Does It Affect the Accused?

An NCO is a court-issued order prohibiting the accused from contacting the alleged victim directly or indirectly. This may include staying away from the victim’s home, workplace, or school. Violating an NCO is a separate criminal offense and can lead to additional charges and penalties, even if the alleged victim initiates contact.

What Happens if I Violate a No-Contact Order in Seattle?

Violating a No-Contact Order is a serious offense that can result in additional criminal charges. Depending on the circumstances, a violation may be charged as a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine, or a felony if the violation involves assault or a repeated offense.

How Long Does a Domestic Violence Case Take to Resolve in Seattle?

The length of a domestic violence case varies depending on whether the defendant pleads guilty, seeks a plea deal, or goes to trial. Misdemeanor cases can take 2-6 months to resolve, while felony cases may take 6 months to over a year, especially if they go to trial.

Do Domestic Violence Charges Affect My Gun Rights in Washington?

Yes, a domestic violence conviction or the issuance of a domestic violence protection order (DVPO) can result in the loss of firearm rights in Washington. If convicted, the accused will be prohibited from possessing or purchasing firearms under both state and federal law. Restoration of firearm rights may require a lengthy legal process.

How Does a Domestic Violence Conviction Impact Child Custody in Seattle?

A domestic violence conviction can significantly affect child custody proceedings. Washington family courts prioritize the safety of children and may limit or deny custody and visitation rights to a parent convicted of domestic violence. The court may require supervised visitation or impose restrictions to protect the child.

Can I Travel Out of State While Facing Domestic Violence Charges in Seattle?

If you are charged with domestic violence in Seattle, your ability to travel out of state may be restricted. The court may impose conditions of release that prevent you from leaving Washington without permission. Violating these conditions could result in the revocation of bail and additional penalties.

Can Domestic Violence Charges Be Expunged or Vacated in Washington?

In Washington, a domestic violence conviction may be vacated (cleared from public record) under certain circumstances. For a misdemeanor, the defendant must wait at least 3 years after completing all conditions of sentencing. Felony convictions may require a longer waiting period. However, vacating a domestic violence conviction is more difficult than vacating other types of offenses.

Contact Our Seattle Domestic Violence Defense Team for Help

When facing domestic violence charges, time is of the essence. The sooner you contact a Seattle domestic violence lawyer, the better your chances of building a strong defense and minimizing the consequences.

Working with an experienced attorney from Hale Law Enterprises gives you the advantage of having a legal professional who is dedicated to protecting your rights and achieving a favorable outcome in your case. If you or a loved one is facing domestic violence charges, do not hesitate to contact our office today for a consultation.

If you have been accused of domestic violence, it is essential to seek legal help. 

Do not hesitate to contact us today at (206) 207-4776 today to let our Seattle domestic violence defense lawyers protect your rights and future!