What Defines a Crime as Domestic Violence in Seattle?

Everyone deserves to feel safe in their homes and with their partners. Although arguments are a natural component of any marriage or relationship, most conflicts can be resolved with time, effort, and open communication. However, some disputes between spouses, dating partners, family members, or roommates can escalate to the point where one party feels physically unsafe in the presence of the other. Inflicting physical harm, or even making serious threats against an intimate partner, can be considered forms of domestic violence. According to the National Domestic Violence Hotline, intimate partner violence affects more than 12 million people every year. Moreover, domestic violence encompasses a wide range of behaviors, some of which are not physical in nature. For example, exerting emotional manipulation or constantly monitoring the whereabouts of a spouse or dating partner may be considered acts of coercive control—which falls under the umbrella of domestic violence. Essentially, any attempt to limit the autonomy or independence of another person can be considered a form of domestic violence in Washington state. 

However, just because an abuser has not been arrested or charged with a domestic violence-related crime does not mean that the survivor has no way out of their unsafe situation. Civil courts in Washington state allow survivors of domestic violence to petition for a civil protection order that restrains the abuser (known in such instances as the respondent) from coming near or attempting to communicate with the petitioner in any way. Civil protection orders for survivors of domestic violence can be powerful tools that enable and empower these individuals to leave their abusive marriages or living situations. If you are in significant and immediate physical danger, you should contact law enforcement as soon as possible to obtain the legal protections you need. However, if there is no immediate threat to your safety but you have endured ongoing acts of coercive control or domestic abuse, you can enlist the guidance and support of an experienced and caring Seattle family law attorney who can help you explore your options for seeking and obtaining a civil protection order that will allow you to remove yourself from an unsafe environment and forge a brighter path forward. This post will highlight the differences between criminal and civil domestic violence matters, as well as the steps you can take to secure a civil protection order in King County. 

Defining Domestic Violence Crimes in Washington State

So, when was domestic violence recognized as a crime? The Washington State legislature passed the Domestic Violence Prevention Act (DVPA) in 1979, which marked the state’s formal response to the rising epidemic of domestic violence. Like many states, Washington does not recognize one distinct criminal offense that covers acts of domestic violence. In other words, the criminal court will not charge a defendant with the crime of “domestic violence.” Instead, prosecutors will seek to charge the defendant with an underlying crime, such as assault, reckless endangerment, or stalking, and the crime is considered an act of domestic violence when “committed either by (a) one family or household member against another family or household member, or (b) one intimate partner against another intimate partner.” For instance, someone who causes a serious bodily injury to their spouse (i.e., a broken bone, fracture, etc.) could be charged with assault in the second degree, a class B felony offense that’s punishable by up to 10 years in prison, a fine of up to $20,000, and other penalties. Whenever law enforcement officers are involved, the matter moves through the criminal court and usually includes the following steps and procedures.

Mandatory Arrest for Domestic Violence Offenders

Whenever a law enforcement officer responds to a situation involving domestic violence, the law requires the responding officer to arrest the suspected offender if there is sufficient evidence that a domestic violence incident occurred within the four previous hours. For example, an officer who arrives at a residence where a couple was heard shouting and fighting by neighbors may see one person nursing an injury and arrest the other party because the officer has reason to believe the unharmed party assaulted or inflicted harm on the injured party. In most cases, the person who was arrested will be held in jail until they appear in court before a judge. This usually happens the following day.

The Criminal Court Issues a No Contact Order

When the defendant appears before the judge in criminal court, the judge will examine the facts of the case and decide whether to issue a no-contact order as a condition of the defendant’s release from jail. A no-contact order prevents the defendant from contacting or communicating with the alleged victim in any way. Violating the terms of a no-contact order can lead to weighty penalties, such as an arrest, fines, or even jail time. It’s also important to understand that the court has the authority to issue a no-contact order regardless of the wishes of the protected party. Moreover, once a no-contact order has been issued, the court is the only entity with the authority to remove it.

The Criminal Case Moves Through Washington’s Court System

When an officer responds to a domestic violence incident, they must complete a police report (even if they do not make an arrest at the scene). The police report is passed along to the Seattle City Attorney’s Office, where it will be reviewed and assessed to determine whether charges will be filed against the defendant. From there, the prosecutor will decide whether to drop the case or press charges. The case will move through the criminal court process until it is resolved (whether through a plea bargain, conviction, acquittal, or dismissal). 

How Washington’s Civil Courts Address Domestic Violence

Many incidents of domestic violence go unreported. Since domestic abuse tends to occur in the privacy of the home, there are no witnesses to report these incidents to law enforcement. Moreover, survivors of domestic violence may be hesitant to report the abuse for any number of reasons, primarily out of concern for their physical safety (and how their abuser would react to an attempt to leave the situation). Additionally, many abusers are able to evade criminal charges because they know how to exert coercive control without inflicting physical harm, which makes it difficult for law enforcement officers to point to any hard evidence of assault or other crimes. However, survivors of domestic violence have other options for seeking protection from an abuser. You can petition the civil court to issue a protection order that prevents your abuser (the respondent) from contacting or communicating with you. When you fill out the petition for the protection order, you can specify the types of behaviors from which you are seeking protection and customize the order to address these needs. For instance, you can request that the respondent vacate a shared residence and refrain from contacting you in person, by phone, or online. Violating the terms of the protection order can trigger various penalties. The key takeaway about protection orders is that these legal protections can be obtained regardless of whether the abuser has been arrested or charged with any crimes. 

How to Obtain a Domestic Violence Protection Order in Seattle

If you are in an abusive marriage, relationship, or living situation, it can feel as if there is no way out. However, as overwhelmed and hopeless as you may feel right now, it’s essential to recognize that help is available. The prospect of obtaining a protective order may seem daunting or even intimidating, but enlisting the guidance of a caring and experienced Seattle divorce and family law attorney can give you the support and direction you need to move forward. Your attorney can help you locate, complete, and file a petition for a domestic violence protection order (DVPO) or another type of civil protection order. 

Washington recently revised and updated the petitions for civil protection orders, consolidating all of the civil protection orders into one universal form. Instead of having to sort through multiple petitions to identify the type of civil protection order that best suits your needs, you and your attorney can work through the single petition form to determine which type of civil protection order will best serve your needs. Depending on the specifics of your situation, you may select among the following civil protection orders: Domestic Violence Protection Order (DVPO), Sexual Assault Protection Order (SAPO), Antiharassment Protection Order (AHPO), Stalking Protection Order (SPO), and Extreme Risk Protection Order (ERPO), among others. No matter what the details of your situation may be, working with a highly qualified and empathetic Seattle lawyer will empower you to lay the foundation for a brighter and more secure future.

If you need help obtaining a domestic violence protection order or another type of civil protection order in the Seattle area, the dedicated and caring legal team at the The Hemmat Law Group is here to assist you. We pride ourselves on working closely with every client to identify the most strategic path forward that keeps the future stable and bright. Please call our office today at (206) 682-5200 to discuss your legal options with a highly qualified and experienced divorce and family law attorney.