As is well known by Seattle domestic violence attorneys, law enforcement agents, in certain domestic violence situations, are required to make an arrest. In these situations, an officer will arrest the person whom he believes is the primary aggressor.
Once the person is formerly charged with domestic violence, a judge often imposes a no contact order (‘NCO’). The NCO prohibits the arrested person from having any contact with the alleged victim, her home, school or workplace. Generally, a no contact order remains in place until the case is completed. This is so regardless of the arrested party’s (the ‘defendant’) desire, or even the alleged victim’s desire. If prohibited from going home, a defendant may be given a civil standby order, which is often set up through a law enforcement agency (i.e. the Sheriff’s Office). A civil standby order allows a defendant to return to his home with law enforcement (for appx. 20 mins) to gather his essential belongings.
After a domestic violence arrest, an incident report is sent to the prosecution, who will then take over the case. Ultimately, the prosecution decides if a case is moving forward with charges or not – this is so even if the alleged victim doesn’t want to press charges against the defendant.
There are some viable defenses to domestic violence. Some examples include, but are not limited to: (1) self-defense; (2) the “victim” made it up or is lying; (3) the injuries are self-inflicted; (4) the incident was an accident/ not intentional; and (5) the government can’t prove the allegation beyond a reasonable doubt. These defenses are raised at trial and are presented to a jury for consideration.
General consequences to a domestic violence conviction (beyond jail time and fines) include: (1) immigration issues; (2) loss of firearm rights; (3) loss of employment and/or the ability to be employed; (4) difficulty in renting an apartment; (5) no contact orders; (6) inability to see children; and (7) probation.
If you (or a loved one) find yourself facing a DV related criminal charge, it is infinitely important to immediately contact and hire a Seattle domestic violence attorney. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related assault, malicious mischief, property destruction or some other crime, protect yourself … call SQ Attorneys immediately at 206.441.0900.