UNAVAILABILITY OF A COMPROMISE: ONE MORE REASON DOMESTIC VIOLENCE CHARGES ARE SO SERIOUS

In Washington State, we have what is called a "compromise of misdemeanor" that is available for many misdemeanor offenses. It is a way to get the case dismissed without having to go to trial. The legislature was careful to make this option unavailable in domestic violence cases.

Under Washington State law, when a person is charged with a misdemeanor, and a civil remedy exists, the defendant can repair the harm done, and if the victim acknowledges, in writing, that he or she has received satisfaction for the injury, the court may dismiss the case. The court's decision is discretionary, but it usually decides to dismiss the case when the victim acknowledges full satisfaction.

The compromise of misdemeanor is frequently used in theft cases and hit and run cases where the defendant compensates the victim fully before trial. It is even available in misdemeanor assault cases...unless the assault is characterized as domestic violence.

There is a Washington statute that says that when the defendant is charged with the crime of criminal street gang graffiti, any crime against a police officer, any crime committed with the intent to commit a felony and any domestic violence crime, a compromise of misdemeanor is unavailable.

The courts and the legislature punish domestic violence harshly and the unavailability of the civil compromise in a domestic violence case is just one more factor that makes penalties series in these types of cases.