Domestic violence is a serious crime that has severe life-long consequences. If you've just been arrested for domestic violence, you might feel scared and uncertain about what's going to happen next. However, please remember that you have legal rights after an arrest for domestic violence and that includes the right to an attorney. 

A qualified Seattle criminal defense attorney can help you understand the charges against you and build a strong defense against domestic violence charges. You must take the charges seriously and understand that domestic violence is a serious crime with severe consequences that can impact every area of your life. .

What is Domestic Violence?

In the United States, domestic violence is a serious criminal offense that can have devastating consequences for all involved.  Domestic violence resuts in the systematic destruction of the family unit, lost lives, lost productivity, and increase costs for health care, criminal justice, and social services. As such, all states in the U.S. treat domestic violence charges very seriously. 

In Washington, the law defines domestic violence as a crime committed against family, a household member, or intimate partner. This includes spouses, former exes, domestic partners, children, stepchildren, parents, and siblings. 

What Happens After a Domestic Violence Arrest in Seattle?

When police officers respond to a domestic violence incident, the law mandates that they make an arrest if they have probable cause to believe that a domestic violence offense occurred. In the case of an assault, the officer will only arrest the primary aggressor. Additionally, state law requires mandatory arrest for violations of no contact orders and civil protection orders.

When police officers respond to domestic violence incidents, they must also complete a police report, even if no arrest occurs. The Seattle City Attorney's Office will review the report to decide if charges should be filed. If charges are filed, only the prosecutor has the authority to drop them. The prosecutor cannot dismiss the case without a judge’s approval. The victim is considered a witness and does not have the authority to drop charges, even if they refuse to testify. 

If you are arrested for domestic violence, you will usually head to jail until your court appearance. Court appearances usually happen the following day. During your court appearance, the court may require a no contact order as a condition of release before the trial.

A no contact order prohibits you from contacting the protected party after your arrest or conviction for a domestic violence offense. This includes contact by phone, writing, or through a third party. Once the order has been issued, only the court has the authority to remove it. 

Prior to conviction, probation counselors will try to contact the victim to see if they want the courts to issue a no contact order. The court can also issue a no contact order without the request or permission of the protected party. 

It is important to know that violating your no contact order can land you in hot water with the courts. Violation of a no contact order not involving assault is a gross misdemeanor offense. Violation of a no contact order involving assault or reckless endangerment may be filed as a felony offense. A third conviction for violating a no contact order may also be filed as a felony offense.

Other Consequences of Domestic Violence Charges

In addition to criminal charges, being arrested for domestic violence can result in other consequences, such as losing custody of your children or owing a firearm. Other long-term consequences of a domestic violence arrest include damage to relationships and community reputation, as well as the loss of employment opportunities.

A domestic violence arrest can also significantly impact your case if you're involved in a custody dispute. A judge may deny or limit your custody rights if they believe you are a danger to your children.

According to federal law, you cannot own or possess firearms if you are convicted of a domestic violence offense or if there is a domestic violence restraining order against you. This includes individuals who have been arrested for domestic violence but have not yet been convicted. Washington state also prohibits individuals subject to a domestic violence protection order or no contact order from possessing firearms. Violating this law is a felony offense.

Being arrested for domestic violence can also impact your employment, housing, and immigration status. Many employers and landlords conduct background checks, and a domestic violence arrest can make finding a job or a place to live challenging. If you're not a US citizen, a domestic violence arrest can affect your immigration status and result in deportation.

Contact Our Seattle Domestic Violence Defense Lawyers

It's essential to understand that domestic violence is a serious crime that can have long-lasting effects on your life and those around you. If you're arrested for domestic violence, it's important to seek help from a qualified attorney who can guide you through the criminal process and help you understand your legal rights. An experienced attorney at Lewis & Laws can help you build a strong defense and fight against domestic violence charges to protect your rights. Contact us today to start fighting these serious charges.