Seattle Domestic Violence Defense Attorney

Quick Answer

Domestic violence charges in Washington are treated differently than other assaults — mandatory arrest policies, no-contact orders, and aggressive prosecution mean you need immediate representation. False accusations are more common than the public realizes, and the consequences of a conviction are severe and permanent.

Washington's Mandatory Arrest Policy

Washington law requires police to arrest the primary aggressor when called to a domestic violence incident, even if the alleged victim does not want the person arrested. Once arrested, the prosecution — not the victim — decides whether to proceed. This is why domestic violence charges are prosecuted even when victims recant.

The Consequences of a DV Conviction

A domestic violence conviction in Washington results in: permanent prohibition on firearm possession (federal law), loss of voting rights during incarceration and supervision, mandatory batterers' treatment, potential impact on child custody proceedings, and a criminal record that cannot be vacated.

Building Your Defense

Challenging the Accusation

False accusations often arise from custody disputes, contentious separations, or misinterpretation of events. Phone records, text messages, emails, and witness accounts frequently contradict the complainant's version of events.

Self-Defense

Washington law recognizes that domestic violence victims sometimes use force to protect themselves — but police may arrest both parties or the wrong person. Janet investigates the full history of the relationship and the specific incident to establish who was the actual aggressor.

Mutual Combat and Context

When both parties were involved in a physical altercation, establishing the full context matters enormously. Intoxication, mental health history, and prior incidents all factor into the prosecution's assessment and the jury's understanding.

Applicable Washington Law: RCW 10.99 (domestic violence), RCW 9A.36.041 (DV assault), RCW 26.50 (protection orders), 18 U.S.C. § 922(g)(9) (federal gun prohibition)

Frequently Asked Questions

Can domestic violence charges be dropped if the victim recants? ▾

In Washington, the State prosecutes DV cases independent of the victim's wishes. A victim who recants can be subpoenaed to testify. However, recantation significantly weakens the prosecution and is a powerful factor in negotiations.

Will I lose my gun rights for a domestic violence conviction? ▾

Yes. Federal law (18 U.S.C. § 922(g)(9)) permanently prohibits firearm possession for anyone convicted of a misdemeanor or felony domestic violence offense. This affects hunters, sport shooters, security professionals, and military veterans.

What is a no-contact order and can it be lifted? ▾

A no-contact order prohibits contact with the alleged victim and is issued automatically after a DV arrest. Violations are a separate crime. The order can be modified at a court hearing — Janet regularly works to modify or lift no-contact orders for legitimate family reasons.

Can a domestic violence conviction affect my child custody case? ▾

Yes. Family courts take DV findings seriously. A conviction can affect your ability to have unsupervised contact with your children. Resolving the criminal case strategically and favorably is critical for your family law situation as well.

How does self-defense work in a domestic violence case? ▾

Washington recognizes self-defense in DV situations. If you used reasonable force to protect yourself from imminent harm, this is a complete defense. Evidence of prior abuse, threats, and the sequence of events that day are all critical.