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. My firm, Hale Law Enterprises, offers a dedicated attorney you can trust to defend you aggressively. I, Attorney Matthew T. Hale, have handled thousands of cases, including high-profile matters. My record demonstrates my ability to represent clients effectively and stands as a testament to their success!

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

• Assault
• Intimidation with a weapon
• Harassment
• Stalking
• Malicious mischief
• Reckless endangerment

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! 

Understanding Domestic Violence Charges in the State of Washington

Washington's DV laws are found primarily in RCW Chapter 10.99 and related statutes. A crime becomes a DV offense not because of the specific act, but because of the relationship between the accused and the alleged victim.

RCW §10.99.020 defines Domestic Violence as certain crimes committed against a "family or household member" or an "intimate partner." This broad definition includes:

• Spouses or former spouses.
• Adult persons who are presently residing together or who have resided together in the past.
• Persons who have a child in common, regardless of whether they have been married or lived together.
• Current or former dating partners.
• Family members such as parents and children, siblings, or elderly relatives.

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. This includes any of the following behaviors:

• 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: Includes threats, manipulation, humiliation, or behavior aimed at controlling or intimidating 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 victim's safety, including following, spying, or constant contact.
• Threats: Any threats to harm the victim, their children, or other loved ones.

Any crime committed within these relationships—including Assault, Harassment, Stalking, Malicious Mischief (property damage), and Violation of a No-Contact Order—will be tagged with the DV designation, drastically increasing the penalties and collateral consequences.

Immediate Consequences and No-Contact Orders

The most urgent threat following a DV arrest is the immediate imposition of conditions that disrupt your life.

The Mandatory Arrest Rule

Washington State law requires police responding to a DV incident to make an arrest if they find probable cause that a crime was committed within the last four hours. This often results in the arrest of the wrong person or an inaccurate assessment of Self-Defense.

The Mandatory No-Contact Order (NCO)

At your first court appearance (Arraignment), the judge will almost certainly issue a No-Contact Order (NCO) under RCW §10.99.040. This order:

• Prohibits all contact with the protected party (direct, indirect, via text, email, social media, or through a third party).
• Often excludes you from a residence you may own or share.
• Requires you to stay away from the protected party’s workplace, school, or childcare facility.

Crucially, violating an NCO is a separate criminal offense—even if the protected party contacts you first and invites you over. I provide clear, immediate guidance to my firm's clients on navigating these orders safely to avoid a felony violation.

Loss of Firearm Rights

Upon the issuance of an NCO or a DV conviction (even a misdemeanor), you are legally required to surrender all firearms and a concealed pistol license within 24 hours. The loss of gun rights for a DV conviction is permanent unless a court later restores them, a difficult and complex process.

Potential Penalties & Consequences for Domestic Violence in Washington

The consequences of domestic violence depend on the specific acts and whether authorities classify them as felonies or misdemeanors. There are several classes of both felonies and misdemeanors. You will need to talk with your Seattle domestic violence lawyer during your free consultation to determine exactly which category your case falls under. 

• Fines: The fines associated with a conviction depend on the severity of the case. Misdemeanor acts can carry fines up to $1,000, while gross misdemeanors can reach up to $5,000. Class C felony acts, such as third-degree assault of a child, can result in fines up to $10,000, class B up to $20,000, and class A up to $50,000. In Washington, those convicted of domestic violence must pay a special fee of $100. Additional court fees may also apply.
• Jail Sentences for Domestic Violence Offenses: Sentencing depends on how authorities categorize your case and the circumstances involved. For a misdemeanor, the court can sentence you to up to 90 days in jail, and for a gross misdemeanor, up to 364 days. Felony convictions can result in five to ten years, or even life in prison, depending on the felony type.
• Loss of Firearm Rights: Domestic violence convictions often lead to the loss of the right to own or possess firearms. This can have serious consequences, especially for those who require firearms for work or personal safety.
• Child Custody Issues: Domestic violence charges can complicate custody arrangements. If you are involved in a divorce or custody dispute, accusations of domestic violence can lead to a loss of custody or limited visitation. 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, limiting your ability to interact with the victim. This may impact relationships and lead to significant emotional and psychological stress.

What to Do Immediately After a Domestic Violence Arrest in King County

If you are arrested for domestic violence in Seattle or King County, the first 48 hours are crucial. Stay calm, give only the required personal details to officers, and avoid discussing your case with anyone but your lawyer. Even if you feel the arrest is unjust, arguing or trying to explain can harm your defense later—invoke your right to remain silent and request an attorney immediately.

During booking, you will be fingerprinted, photographed, and processed for your first court appearance. The judge may set bail, order continued detention, or impose release terms such as GPS monitoring or a no-contact order. Family contact is often restricted until lifted by the court, so it’s wise to record witness names or messages that support your account while details are fresh.

Contact a lawyer experienced in King County domestic violence cases right away. An attorney can help challenge restrictive conditions, coordinate bail, and guide your defense strategy from the start. Acting quickly and strategically after arrest can significantly impact your legal options and the outcome of your case.

How to Defend Against Domestic Violence Charges

Defending against domestic violence charges in Washington requires a careful review of your situation and a legal strategy that fits the facts. 

Common defenses include self-defense—acting to protect yourself or others from imminent harm—and false accusations, where the alleged victim may fabricate the story to gain an advantage in family disputes. Another defense is lack of evidence, as the prosecution must present credible proof, such as physical evidence or testimony, to convict.

In some situations, mistaken identity becomes a valid defense, particularly if you can provide an alibi or evidence clearing you of involvement. If law enforcement violated your constitutional rights during the investigation or arrest, any evidence obtained unlawfully could be excluded from court. A Seattle domestic violence attorney can review your case and determine the best defense to protect your rights and interests.

The Domestic Violence Criminal Process in Seattle

Facing a domestic violence charge in Seattle triggers a fast-moving legal process with strict procedures and deadlines. Understanding each stage helps you prepare and avoid costly mistakes. Washington law allows police to make immediate arrests when probable cause exists, and from that moment, the case proceeds quickly through the local court system.

1. Mandatory Arrest: Police in Seattle often arrest without a warrant when probable cause of domestic violence exists following a 911 call or reported incident.
2. First Appearance: After arrest, you’ll appear at the King County Jail or Seattle Municipal Court, where a judge reviews charges, confirms probable cause, and may issue no-contact or conditional release orders.
3. Prosecutor Review & Arraignment: The King County Prosecuting Attorney’s Office determines formal charges. At arraignment, you’ll enter a plea of guilty or not guilty, setting the case in motion.
4. Pretrial Hearings: You may attend several hearings for motions, case scheduling, or negotiations. Courts often impose strict release terms—like no-contact orders, mandatory check-ins, or firearm surrender.
5. Trial Stage: If the case proceeds to trial, it may be heard by a judge or jury in district or superior court. Seattle’s local court procedures and timelines mean cases can extend for months, making early preparation essential.

Is It Possible to Have Domestic Violence Charges Dismissed?

While domestic violence charges can be dropped in Washington State, the prosecutor handling the case makes the final decision. Consider the following points:

• The alleged victim does not have the power to drop charges: In Washington State, only the prosecutor decides whether to pursue domestic violence charges. Even if the alleged victim wishes to drop the charges, the prosecutor can still proceed with the case.
• The prosecutor may consider the victim's wishes: While not required, prosecutors may take the victim's wishes into account when deciding how to proceed with the case.
• The prosecutor may consider other factors: Prosecutors review the severity of the alleged incident, the defendant's criminal history, and the strength of the evidence when deciding whether to drop domestic violence charges.
• The defendant may be able to request a dismissal: If the prosecutor moves forward, the defendant can request a dismissal if legal grounds exist, such as insufficient evidence or a violation of rights.

Ultimately, whether prosecutors drop domestic violence charges in Washington State depends on the specific facts and the prosecutor's discretion.

Contact Our Seattle Domestic Violence Defense Team for Help

Working with an experienced attorney from Hale Law Enterprises gives you an advocate dedicated to protecting your rights and pursuing the best outcome for your case. If you or a loved one faces domestic violence charges, contact our office today to schedule a consultation.

If you have been accused of domestic violence, seek legal help promptly. 

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!

Frequently Asked Questions About Domestic Violence Defense

What Happens After a Domestic Violence Arrest in Seattle?

When law enforcement arrests someone for domestic violence in Seattle, they typically book the accused into jail and hold them without bail until a judicial hearing, usually within 24 hours. The judge reviews the case, determines probable cause, and may issue a no-contact order (NCO), restricting contact with the alleged victim. The court may set bail at this hearing, and the accused may be released with conditions.

What Is a No-Contact Order (NCO) & How Does It Affect the Accused?

An NCO is a court-issued order prohibiting direct or indirect contact with the alleged victim. This may include staying away from the victim’s home, workplace, or school. Violating an NCO is a separate offense that 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 may result in additional criminal charges. Depending on the circumstances, a violation can be a gross misdemeanor—punishable by up to 364 days in jail and a $5,000 fine—or a felony if it involves assault or a repeated offense.

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

The time to resolve a domestic violence case varies. If the defendant pleads guilty or seeks a plea deal, resolution can happen sooner. Misdemeanor cases typically take 2-6 months, while felony cases may last 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. Convicted individuals cannot possess or purchase firearms under state and federal law. Restoring 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 courts prioritize the safety of children and may limit or deny custody and visitation rights for a parent convicted of domestic violence. The court might 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 facing domestic violence charges in Seattle, the court may restrict your ability to travel out of state. Conditions of release might prevent you from leaving Washington without permission. Violating these conditions could result in bail revocation and additional penalties.

Can Domestic Violence Charges Be Expunged or Vacated in Washington?

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

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