How Does Washington State Law Define Domestic Violence?

In recent years, many advocacy groups have increased their efforts to educate the public about the prevalence of domestic violence throughout Washington State. Many survivors of domestic abuse feel isolated and alone in their struggle, and it’s common for survivors to feel ashamed of finding themselves in this position. However, incidents of domestic violence are more widespread than most of us realize. According to data released by the Washington State Department of Health (DOH), approximately one in eight adults in Washington report having been injured by an intimate partner. Moreover, it’s important to understand that the term domestic violence encompasses so much more than acts of physical violence between spouses, dating partners, family members, or roommates. Verbal threats, restricting someone’s activities or access to financial resources, and other acts of coercive control constitute acts of domestic violence. 

Unfortunately, many survivors of domestic abuse feel powerless in their situation and worry that attempting to leave an abusive relationship will put them at an increased risk of harm at the hands of their violent or controlling partner. As hopeless as you may feel right now, you should recognize that you have options for leaving this unhealthy relationship and moving forward to enjoy a bright and more secure future. Consider enlisting the guidance of an experienced and empathetic Seattle domestic violence lawyer to help you explore your options for leaving this abusive marriage or relationship for good. Your knowledgeable Washington domestic violence lawyer will help you understand and evaluate the types of protection orders available to survivors of domestic abuse so you can secure the legal protection you need when moving through the divorce or legal separation process. This post will explore how Washington law defines domestic violence and present a few of the protection orders that you may seek to ensure your safety during this challenging and vulnerable time. 

The Legal Definition of Domestic Violence in Washington State

Most people have a basic understanding of acts that constitute domestic violence. For example, many of us picture domestic violence as forms of physical violence, such as one partner hitting, punching, slapping, shoving, or otherwise inflicting physical injury upon the other partner. Deliberately harming a spouse, dating partner, or ex in an effort to control their behavior or exert dominance over them certainly qualifies as domestic violence. However, the legal definition of domestic violence in Washington State extends beyond acts of physical violence that occur between intimate partners or household members. Under RCW 7.105.010(9)(a), domestic violence is defined as “Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner.” The statute proceeds to add that domestic violence also occurs when one family or household member engages in the above activities with another family or household member. It’s worth taking some time to clarify some of the terms to better understand the various forms and shapes of domestic violence in Washington State.

Intimate Partner

RCW 7.105.010(20) defines an intimate partner as either of the following: “(a) Spouses or domestic partners; (b) former spouses or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time, unless the child is conceived through sexual assault; or (d) persons who have or have had a dating relationship where both persons are at least 13 years of age or older.” Under this definition, a survivor of domestic violence may be subject to abuse by a current or former dating partner, even if they never married this person or sustained a long-term relationship with the abuser. 

Unlawful Harassment

The term “unlawful harassment” essentially refers to behaviors that aim to intimidate or frighten another person. Washington law RCW 7.105.010(36) defines unlawful harassment as, “A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that serves no legitimate or lawful purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” In other words, an act of unlawful harassment is often a targeted series of behaviors that an abuser directs toward a spouse, dating partner, or household member in an effort to inflict mental and emotional distress. In some cases, a single act of violence or threat of violence may be significant enough to qualify as unlawful harassment. However, this incident of violence must include “A malicious and intentional threat…or the presence of a firearm or other weapon.” If you believe you have suffered unlawful harassment at the hands of a dating partner or spouse, contact a highly qualified and empathetic domestic violence attorney to explore your options for securing a restraining order for threats to shield you from further abuse.

Coercive Control

Washington State legislators recently added the term “coercive control” to the section of law that governs domestic violence. According to RCW 7.105.010(4)(a), coercive control “means a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” For instance, an abuser may subject their partner to increasingly strict rules and erode their self-esteem through harmful comments, emotional manipulation, or limited access to bank accounts or financial resources. These attempts to isolate the survivor can chip away at their sense of independence and autonomy, making them increasingly rely on their abuser for food, shelter, and other necessities. The statute explicitly lays out examples of coercive control, including some of the following behaviors:

• Damaging or threatening to destroy someone’s property or items that hold special value
• Using technology to humiliate, threaten, or intimate someone
• Carrying or threatening to use a firearm or other weapon to control someone’s behavior
• Driving recklessly with the other party or minor children in the vehicle
• Attempting or threatening to attempt suicide or self-harm to intimidate or manipulate another person
• Harming the other party’s children, pets, family members, or career
• Engaging in sexual or reproductive coercion
• Controlling or monitoring the other party’s movements, communications, or daily activities
• Engaging in psychological aggression (i.e., inflicting fear or humiliation)

The above list is not exhaustive—it merely identifies a few behaviors that one party may engage in to exert power over a partner or spouse. If you have questions about Washington’s domestic violence law, reach out to a skilled and caring Seattle restraining order lawyer to learn more about your options for leaving an abusive relationship for good.

Stalking

Many people assume that stalking refers to any event in which one party follows another person from one location to another (i.e., appears outside their residence and follows them to work) in an attempt to intimidate or harass them. However, it’s important to understand that the legal definition of stalking applies to several other activities. Under RCW 7.105.010(34)(c), stalking can be defined as “Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person.” In addition, the stalker uses these monitoring behaviors to intimidate, frighten, or threaten the other party. Enlist the guidance and support of a trusted and understanding Seattle stalking lawyer today to learn more about the legal protections available to keep you safe from enduring abuse at the hands of a stalker. 

Obtaining a Protection Order in Washington State

Washington recognizes how difficult it can be for a domestic violence survivor to leave an abusive marriage or partnership. In an effort to keep vulnerable individuals as safe as possible during this difficult (and potentially dangerous) time, Washington allows you to petition the court for a protection order that prevents your abuser from contacting you, harassing you, or engaging with you in any way for a specified period of time. Your restraining order lawyer or divorce lawyer will work with you to identify the most appropriate protection order to suit your needs. For example, you may find that a Domestic Violence Protection Order (DVPO) is the most effective protection order to put in place while you move through the divorce process, while someone else who is seeking protection from a stalker may find that obtaining a Stalking Protection Order (SPO) best suits their needs and goals. No matter what your specific needs and circumstances may be, you can trust that your dedicated and compassionate King County divorce lawyer will remain by your side at every step of this process to ensure that your safety is upheld as you take these crucial steps to move into a brighter and more stable future. 

Leaving an abusive spouse or romantic partner can be challenging and intimidating. However, you do not have to go through this difficult process alone. Reach out to the Hemmat Law Group today at (206) 682-5200 to discuss your options with a dedicated and compassionate Seattle divorce and family law attorney who will work hard to protect your best interests and ensure your safety at every turn.