Domestic Violence

In Washington State, domestic violence law legally defines DV as physical harm, bodily injury, assault, or inflicting the fear of the same. In some cases, this can include emotional, financial abuse or malicious property damage too.

Domestic violence is not gender-specific and can be committed by anyone. If you are experiencing domestic violence, you deserve safety and the legal system has options to protect you. Please get in touch with our domestic violence law team to assist you in understanding next steps.

Domestic Violence Protection Orders (DVPO) are issued by the court to protect a petitioner and/or child, depending on the nature and circumstances of the your case. Orders can restrain the abuser from certain actions, being in certain locations, behaviors, or being around certain individuals, and will subject them to arrest should the order be violated.

No – Washington State domestic violence law considers violence among people who live together, which can include roommates – whether they are in a romantic or platonic relationship – as domestic violence.

In Washington State domestic violence cases, the alleged victim does not have to cooperate or opt to press charges in order for charges to be filed. If police respond to a scene and they believe domestic violence has taken place, they will put that information in the police report, and it is the prosecution’s prerogative whether they wish to press charges based on that report. The victim is typically asked to testify in the trial, but they do not have to be in favor of pressing charges.

Because there can be instances where a victim is hesitant to press charges, but a crime has been committed, it is important to remember that charges can be made even in cases where the victim insists that no violence took place if police or other witnesses believe otherwise.

We know how scary, and in many cases confusing and conflicting, it can be to be involved in a domestic violence situation. Depending on the nature and circumstances of the facts involved in your case, a Domestic Violence Protection Order (DVPO) can be issued by the court to protect a petitioner and/or child. A DVPO can restrain the abuser from certain actions, locations, behaviors, or being around certain individuals, and it means they will be subject to arrest should they violate the terms of the order.

Usually a protective order will last one year. If a DVPO is about to expire after running it course, your domestic violence lawyer can petition to have it renewed if the safety concerns remain.

The individual facts and circumstance related to your case are critical to determining your options to protect yourself. We strongly recommend getting in touch with an experienced Washington State domestic violence lawyer to assist you.

Protection orders can be sought independently, but they can also be requested as part of a divorce or legal separation filing. If a DVPO is granted, this can greatly impact the guilty party’s ability to seek full custody of children.

We would advise speaking to our domestic violence lawyer team if you are also looking for a dissolution or legal separation, and look at our separation pages for more information.

A Temporary Protection Order issued for domestic violence is an order entered for a short period of time before a dispute can be adjudicated. Often, they are issued with the intention of protecting individuals in potentially dangerous emergency circumstances and only last until a full hearing can be set and heard. This usually takes about two weeks.

If you are served with a Petition and a Temporary Protection Order, it is vitally important you read it carefully to understand its requirements. You only have a limited period to respond, so consulting with an attorney quickly is strongly advised. If you want to make sure you fully understand your rights, speak to our restraining order or domestic violence lawyers.

Yes it does. A no-contact order is serious and binding. If the person or persons listed in the order are family or roommates and the order prohibits you from entering their home; you will not be allowed to do so even if you are the home owner. Depending on the details of the order, these orders can also result in a parent not being able to see their children unless supervised.

Hemmat Law’s experienced domestic violence lawyers can help you understand the requirements of a no-contact order as well as the potential penalties for violating an order.

Maybe  – If you are convicted of a domestic violence offense in Washington State, you will likely have to serve some kind of custodial sentence.

Maximum jail sentences range from 90 days for a misdemeanor, and up to 5 years for a Class C felony. A crime deemed a Class A felony can result in a life sentence.

The amount of time and the final sentence defined by the Judge will be influenced by many factors, such as any history of criminal activity and how serious the crime was.

The defense you can mount depends on the facts available and the claims the Petitioner has made.

In some domestic violence cases it can come down to one person’s word against the other, and there can be no physical evidence or witnesses. However, your case may still go to trial and it’s important to speak with a domestic violence lawyer to make sure you can determine the weaknesses and inconsistencies in the opposing story to clear your name and make sure you story is heard.

The consequences of violating a protective order will vary based on the circumstances and the language used in the order. In general, a domestic violence protection order violation can subject the violator to arrest and incarceration. We strongly advise against doing anything that could appear to be a violation, even by accident, so it’s important to be vigilent to following the terms of the order.

We know that in complex emotional cases of domestic violence, those involved on both sides may not want the conditions of the protective order to continue. But ultimately, it is the restricted individual’s sole responsibility to adhere to a protective order even if the protected party invites you to violate it. It is also the restricted individual who will face the penalty if the conditions are breached.

If a protected person is intentionally trying to bait you into violating an order or using the protection as a weapon to disrupt your life in bad faith, you may have reason to request the terms of the order be reviewed and modified. Please speak to our restraining order and domestic violence team for more guidance and for an evaluation of your case.