Mandated Arrest and RCW 10.31.100

What many unassuming folks seem to be invariably shocked to find out is that, pursuant to RCW 10.31.100(2)(c), police officers responding to an incident of domestic violence are mandated by law to make an arrest if the officer has probable cause to believe that a domestic violence assault or other serious domestic violence offense took place within four hours of the law enforcement contact.

Upon arrival, if an officer determines that a ‘family or household member‘ has assaulted another, the officer is absolutely required to arrest the person he/she believes to be the primary aggressor in the incident. Washington state law requires a mandatory arrest for violations of No Contact Orders and Civil Protection Orders too. See RCW 10.31.100.

Usually, a person arrested for a domestic violence offense will be held in jail until he/she appears before a judge. That is unfortunately often the following day. At the hearing, the Court may require the allegedcriminal law book offending party (the ‘defendant’) to sign a No Contact Order as a condition for release from jail prior to trial. This of course means the person cannot go home, and probably will need to find a place to live for weeks if not months while things get ‘ironed out’. Undoubtedly, this can cause significant stress to all involved, and can often end up destroying the family unit.

Often prior to arraigning a domestic violence defendant, a ‘domestic violence advocate’ will attempt to contact the alleged victim to determine whether he/she wishes to have a No Contact Order (‘NCO’) issued. That said, it is typical for the prosecution to request, and the court to impose, an NCO regardless of whether one is desired by the person to be protected. For obvious reasons, this too can be a frustrating development for the family.

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.

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