WHAT MAKES A CRIME DOMESTIC VIOLENCE

Domestic violence charges usually involve assault or harassment. But there actually isn't a specific crime that constitutes domestic violence. It all depends on who the accuser is in determining whether the crime you're being charged with will fall under the category of domestic violence or not. Assault involves actually physically touching someone. In the most minor assault cases, it is a gross misdemeanor, meaning a maximum sentence of 1 year in jail. If a person is injured, there was use of a firearm, or an intent to inflict injury, the assault will most likely be charged as a felony.

Harassment can be charged in several different ways under Washington State Law. Perhaps the most common form of harassment is threats of physical violence. But there is also another type of harassment called telephone harassment that does not necessarily involve any threats whatsoever. This is where you must be careful. Telephone harassment could be making a single obscene phone call. Probably the form of telephone harassment you must be mindful of is the repeated phone calls. Under Washington law, making repeated phone calls to someone, whether you make any threats or not, can be considered harassment. Harassment, like assault, is a gross misdemeanor and carries a maximum sentence of 1 year in jail. In some cases, merely making a phone call or several phone calls can be charged as felony harassment.

Under Washington's domestic violence laws, virtually any crime committed against a spouse, family member, or person you live with can be considered domestic violence. It does not have to be assault or making threats of physical harm. It could be property damage, theft, or a number of other crimes.

Why is this so important? Because if you're charges are characterized as domestic violence, there are many other adverse consequences that go along with the underlying charges of assault or harassment or whatever the case may be. The first of these is that the police are generally required to make an arrest by law when responding to a domestic violence call. Next, if you are arrested, you CANNOT be released on bail until your arraignment if it is a domestic violence charge.

But one of the biggest ways a domestic violence charge can disrupt your life is a no-contact order. There is a variety of no-contact orders that the prosecutor and the court may want to issue against you. The court may issue a no-contact order that forbids you from going home where your accuser lives. This could be a huge disruption in your life, as you now may be homeless.

A domsetic violence charge can also affect your gun rights, which are guaranteed under the Second Amendment to the U.S. Constitution. What would be a low level offense is elevated dramatically when your accuser happens to be a spouse, family member, or person you live with. The crime they are accusing you of does not even have to happen at home for it to be considered domestic violence. It all depends on who is accusing you.

As a domestic violence lawyer, I've encountered many DV related issues in the State of Washington. If you are charged with domestic violence, you need to contact a domestic violence lawyer for your own protection. The accusers often make false reports or claim things that never happened. This can cost you your freedom, your ability to go home, and your right to own a gun, among other things. You need to have a domestic violence lawyer by your side to fight the no-contact order and get the charges dropped.