In Washington State, penalties for domestic violence can be severe and may include fines, jail time, protective orders, and firearm restrictions. If you facing domestic violence charges, it is important to understand the unique process in these cases and the potential consequences that can result from the mere allegation that you committed domestic violence. Being prepared and having experienced legal counsel is essential.

Washington State domestic violence attorney Justin Campbell can provide an overview of the process, explain and help you evaluate your options, and ensure your rights are protected.

The Campbell Law Firm is located in Anacortes and represents people charged with domestic violence and other crimes in Skagit, Island, and San Juan Counties.

Understanding Washington State Domestic Violence Laws

Washington State uses different definitions of domestic violence in civil and criminal cases. Criminal domestic violence occurs when someone is accused of committing a crime like rape, assault, stalking, trespass, burglary, stalking, or violation of a protective order that involves an intimate partner or someone who is a member of their family or household.

A domestic violence tag can be applied to any crime committed against a family member, intimate partner, or someone with whom you share or have shared a household. When a crime is tagged as “domestic violence,” you could face additional consequences, including the loss of your firearm rights and up to 60 months of probation.

If you’ve been convicted of domestic violence and are either a Washington resident looking to move out of state, or someone from another state planning to relocate to Washington, you’ll be subject to the Interstate Compact for Adult Offender Supervision (ICAOS). Individuals with qualifying offenses must follow specific procedures before relocating.

What Are the Consequences of Domestic Violence Charges?

While Washington does not have a specific crime of domestic violence, Washington imposes harsher penalties when a crime is committed against a family member, household member, or intimate partner. Washington law also requires that police officers take additional action if they have probable cause to believe a person committed a crime of domestic violence.

When police respond to a domestic violence call, the suspect will likely be arrested and placed in jail whenever the police have probable cause to believe a domestic violence crime occurred. This is even true if the suspect has no criminal record, the accusations are one person’s against another, there are no injuries, or the accusations are relatively minor.

During the suspect’s first court appearance in domestic violence cases, the judge may issue a domestic violence no contact order that prevents the suspect from returning home or having contact with family members or loved ones. The judge may issue the order, even if the person protected by the order does not want it.

As a condition of being released from jail, people charged with domestic violence offenses may not be permitted to possess firearms and are ordered to surrender any firearms they own to law enforcement while their case is pending. This can be particularly problematic for people whose work requires that they possess a firearm, such as police officers, members of the military, and people who work in security.

Violating a Domestic Violence Protection Order

Recent revisions to Washington’s domestic violence protection order (DVPO) statute combined four types of restraining orders under one statute. The penalties for violating a DVPO can be severe. A first offense is usually charged as a gross misdemeanor, punishable by up to a year in jail and a fine of up to $5,000. If the crime involved an assault that recklessly created a substantial risk of death or serious physical injury, the crime can be charged as a Class C felony.

A third or subsequent violation of a DVPO (involving the same or different victims) is also a class C felony. For any violation, the judge can order electronic monitoring as a condition of release, at the defendant's expense.

Penalties for a Domestic Violence Conviction

Even though Washington does not have a specific domestic violence statute, the domestic violence tag can be attached to the crime to show it was committed against a family or household member or intimate partner. Several crimes carry harsher sentences if a defendant has prior domestic violence convictions.

If you are convicted of a domestic violence crime, you could be placed on probation for up to 60 months for a misdemeanor or gross misdemeanor, lose your firearms rights, and receive a higher number on your offender score (even for a misdemeanor or gross misdemeanor). This is in addition to any jail time, fines, and costs connected to the underlying criminal charge. Also, the stigma of a domestic violence conviction can create problems for individuals in the areas of employment, housing, and perception in the community. An experienced domestic violence defense attorney can help.

How Can a Washington Domestic Violence Attorney Help?

If you were charged with a domestic violence crime in Washington State, you need an experienced defense lawyer who will investigate the charges, explain and help you evaluate your options, and fight for an optimal outcome in your case.

Washington domestic violence defense attorney Justin Campbell is a seasoned litigator and skilled negotiator with over a decade of experience defending people charged with crimes. He is also a former Island County District Court Commissioner and currently serves as a Pro Tem Judge for Island County, Washington.

Contact the Campbell Law Firm Today

To put our experience to work for you, call us at (360) 588-4111 or contact the Campbell Law Firm today.