Were you arrested, or do you have concerns about being arrested for domestic violence charges in Seattle, WA? If so, you are not alone. A domestic violence conviction can range from misdemeanors to felony offenses.
Even if you acted in self-defense or were the victim of provocation, you could still face serious legal penalties. At Milios Defense, our experienced Seattle domestic violence attorney can help you navigate the legal system and fight for your rights. Do not risk your future. Call us today for a free case consultation and get your questions answered.
Domestic Violence Charges in Seattle, WA
Seattle law enforcement takes domestic violence seriously. If you have been charged with domestic abuse, you need experienced legal representation who understands the nuances of Washington state law regarding violence against an intimate partner. Attorney Tim Milios has represented clients in domestic violence cases since 1993, and he will use his experience to advocate for you.
Defined in various sections of the law, but primarily in RCW 10.99, domestic violence is defined in two main ways:
- When a family or household member commits a crime against another family or household member
- When a person in a dating relationship commits a crime against the person they are dating
Who Can be Considered a Household Member?
Under Washington State Law RCW 10.99.020(3), a family or household member can include:
- Spouses and former spouses
- Persons who have a child together regardless of marital status or living arrangements
- Adult persons related by blood or marriage
- Adult persons residing together or who have previously resided together
- Persons who have a biological or legal parent-child relationship, including stepparents, stepchildren, grandparents, and grandchildren
- Persons 16 years old and older who live together, have lived together, and who have currently or in the past have dated
- Persons 16 years old and older who have or have had a dating relationship
Common Forms of Domestic Violence
Domestic violence refers to more than just physical violence. Below are different kinds of intimate partner abuse that would result in a domestic violence charge:
- Spousal Abuse: This typically involves physical or emotional abuse within a marital or domestic partnership.
- Felony Assault: This is a very serious form of assault, often involving the use of a deadly weapon or causing significant bodily harm.
- Interference with Reporting Domestic Violence: This occurs when someone tries to prevent another person from reporting domestic abuse to authorities.
- Financial Abuse: When someone dominates and controls finances, family resources, and access to vital support such as healthcare to maintain power in a relationship.
- Malicious Mischief: This involves intentionally damaging or destroying property, often in a way that is related to domestic violence and abuse. If you punch a hole in the wall or aggressively slam a door shut, this could be seen as a malicious mischief offense.
- Sexual Abuse: This involves forcing unwanted sexual activity, including rape, sexual assault, or other non-consensual sexual acts.
- Verbal and Emotional Abuse: This can include threats, intimidation, harassment, or other forms of psychological abuse or something as simple as blocking the doorway or taking a phone out of someone’s hand.
A domestic violence conviction can lead to significant penalties, including jail time, fines, and a criminal record, which could negatively impact your employment prospects and parental rights. Contact Milios Defense to discuss your charges with an experienced domestic violence lawyer. Our team can start preparing your defense and make sure that you know your rights.
Why You Need a Seattle Domestic Violence Attorney on Your Side
Domestic violence does not discriminate. Regardless of gender or relationship status, anyone can face these charges. Regardless of the truth, these cases can quickly ruin lives and devastate families if not handled with the experienced support of a defense lawyer to protect your rights.
If you believe your domestic violence charges are unfounded, be sure to reach out to our law firm as soon as possible to set up a case consultation. Until then, you can get started with our proactive self-help guide for DV charges.
While domestic violence accusations can carry significant social stigma, a criminal case still requires the prosecution to prove guilt beyond a reasonable doubt. This means that the prosecution must present convincing evidence that no other plausible explanation exists for the alleged crime. To successfully defend against a domestic violence charge, a defense attorney must meticulously examine witness statements, police reports, and forensic evidence. Additionally, the defense attorney must challenge any negative perceptions or biases that may be associated with the defendant.
Prosecutors often rush to judgment in domestic violence cases, painting an incomplete picture of the situation. If you are facing such charges, you need a skilled domestic violence attorney who can challenge the prosecution’s narrative. At Milios Defense, our Seattle domestic violence attorney has the experience and understanding of Washington state law to ensure a full picture of what happened is presented.
Potential Outcomes in a Seattle Domestic Violence Case
If you are charged with domestic violence, it is important to understand the weight of what you are up against. There is a wide range of potential outcomes in domestic violence cases, and it is wise to get the advice of our experienced Seattle domestic violence attorney before getting too far into your case. Domestic violence charges can end in everything from a dismissal of all charges to years in prison, so a proper defense is vital to ensuring your freedom. Some potential outcomes we commonly see include:
- Dismissal with Prejudice: A case dismissed with prejudice is permanently closed. This can happen after a “not guilty” verdict, when the state dismisses the charges, or when a court dismisses the case due to a lack of evidence or other legal reasons.
- Dismissal without Prejudice: A dismissal without prejudice means the state drops the charges for now but reserves the right to refile them later, often if new evidence emerges or the victim changes their mind. While this is generally a positive outcome, it leaves the possibility of future prosecution open.
- Updating the Charges: Sometimes, defendants and prosecutors reach plea deals that reduce the charges or remove the designation of domestic violence. While a guilty plea is involved, the defendant avoids mandatory domestic violence penalties like treatment, firearm restrictions, and interstate compact compliance.
- Stipulated Order of Continuance: A stipulated order of continuance is an agreement where the state dismisses a domestic violence charge if the defendant agrees to certain conditions, usually including the completion of a domestic violence treatment program.
- Guilty Verdict: A guilty verdict for a domestic violence charge can result from a plea deal or a trial. It is generally not advisable to plead guilty to a DV charge unless all other options have been exhausted.
Working with a domestic violence lawyer may significantly change the outcome of your case by appropriately positioning your side of the story and strategizing for the best possible outcome for you. If you have further questions on the potential outcomes of a domestic violence case, contact Milios Defense in Seattle. Our defense lawyer will provide answers to all of your questions.
Defenses Against Domestic Violence Charges
Domestic violence charges can have severe consequences, including jail time, fines, and restraining orders. However, there are potential defenses that can be raised in such cases, including:
- Self-defense: If an individual uses reasonable force to protect themselves from imminent harm, they may be able to claim self-defense. It is crucial to demonstrate that the force used was necessary and proportionate to the perceived threat.
-
- Mutual combat: This defense argues that both parties were actively involved in a physical altercation, and neither party was the primary aggressor. To be successful, it is essential to establish that the altercation was mutual and not one-sided.
- False accusations: Sometimes, false allegations are used as a tactic in custody disputes or to gain an advantage in other legal proceedings. Evidence to support this defense might include inconsistencies in the accuser’s story, a lack of physical evidence, or a history of false accusations.
- Lack of evidence: The prosecution must prove the elements of the crime beyond a reasonable doubt. If there is insufficient evidence to support the charges, our defense attorney can challenge the credibility of witnesses or question the reliability of physical evidence.
- Alibi: This defense involves proving that the accused was not present at the scene of the alleged crime. Substantial evidence, such as surveillance footage, witness testimony, or digital records, can be used to establish an alibi.
It is important to remember that these are general defenses, and the specific strategies employed in a particular case will depend on the unique circumstances. Consulting our experienced Seattle criminal defense lawyer is crucial to determining the best course of action and building a strong case.
Preparing for Your Defense with Our Seattle Domestic Violence Lawyer
Domestic violence cases often rely heavily on the accounts of those involved, leading to a “he said, she said” scenario. The alleged victim, with potential guidance from law enforcement, may provide a detailed statement that supports the charges.
To ensure your perspective is accurately represented, it is crucial to create your own detailed report of events. This report should include a clear and concise description of what happened, including specific details like dates, times, and locations. By documenting these details, you can help our attorney build a strong defense and refresh your memory as needed.
Include in your report a detailed description of your relationship with the other party. This may include putting into words the vague thoughts and feelings you may have about the other person and the situation you are now in. Keeping a written record of important occurrences after the initial incident can also help jog the memory. In situations like these, it is important to keep facts straight, and a detailed record can help remind you and our legal team of them.
Protect Your Case by Following Court-Ordered No-Contact Orders
It is crucial to avoid violating court-ordered no-contact orders, which can significantly harm your case. Even if the victim initiates contact or seems to desire it, resist the urge to communicate. Violating a no-contact order can lead to additional criminal charges and negatively impact your case. It is essential to prioritize your own well-being and adhere to the court’s orders.
It’s also a prudent idea to avoid making any contact with the victim’s advocate. In most Washington domestic violence cases, prosecuting authorities hire a trained individual to assist alleged victims of domestic violence through the legal process. There is no reason or benefit for you to make any form of contact with the victim’s advocate during any phase of your case.
Meet With a Seattle Domestic Violence Attorney Near Me
Whether you have already been charged with a domestic violence crime or are anticipating a report being lodged against you, your first step should be to meet with an experienced domestic violence lawyer. If possible, meet with a few different lawyers to make sure that you pick one who will best fit your needs and become a trusted advisor. If you and your lawyer do not get along, that is a rough start to building a proper defense strategy.
Your initial consultation should allow you to compare and contrast advice, strategic approaches, and communication styles. Make sure that you are comfortable communicating with your lawyer, and come prepared with any questions you have so that you can get them answered. You can also request information about past similar cases, the success rate of their defense strategies, and how legal fees are handled.
At Milios Defense, we strive to build trust and rapport with our clients so they can speak freely about what happened without any sense of judgment. As you compare our law firm to others in the Seattle area, you’ll understand why our defense lawyer and our legal team has been trusted by many clients since 1993.
Connect with Top Domestic Violence Lawyers Near Me
Check out our frequently asked Washington State domestic violence questions to see if your questions are answered there. If you have additional questions about domestic violence charges or you are ready to start discussing potential defense strategies, contact us to set up a free case consultation. Our dedicated domestic violence attorney is available 24/7 to provide support and guidance.