Those who are residents of another state looking to go home or Washington residents looking to move to another state will find that a conviction for a domestic violence offense creates a very significant and potentially very inconvenient obstacle to those plans. Individuals who are convicted of crimes of domestic violence are subject to the Interstate Commission for Adult Offender Supervision (ICAOS) also know as the “Interstate Compact”. This means that for those who have committed a “qualifying offense” you must follow certain instructions and be approved by the state you wish to move to or return to prior to leaving.
Qualifying Offenses include:
- any assault
- any offense designated as domestic violence
- any protection order violation
- any child abuse situation
- any offense that involved the use or possession of a firearm
- a second or subsequent DUI
Washington residents looking to move out of state
If you are a Washington resident who has been convicted of a domestic violence offense and you are looking to move out of the State of Washington to another state, you must:
- inform the judge or probation officer of the sentencing court of your desire to move out of state
- get approval of that judge for relocation
- apply for transfer of supervision through ICAOS
To qualify for transfer of supervision, you must be in the State of Washington at the time application for transfer is made. Further, you must remain in Washington until your request has been investigated and approved. Being in the “receiving state” at the time the request is made is grounds for automatic denial of the transfer request. The receiving state has up to 45 days to complete its investigation. If the transfer is denied, you will be referred back to the sentencing court.
Out of state residents looking to return home
The rules for out of state residents who have been convicted of a domestic violence crime and wish to return home are essentially the same for Washington residents looking to move out of state. the main difference being that the application to return home must be made within seven (7) days of the sentencing date. The bottom line is that you can not return to your state of residence until your transfer request has been investigated and approved.
Clearly the Interstate Compact requirements can have a Draconian effect on a person’s freedom of travel. And not just for Washington residents looking to move. There is the very real possibility that a person who resides in another state will not be able to legally return home upon a DV conviction for a minimum of several days and up to a month and a half after sentencing. The possibility even exists that out of state residents won’t be approved to return home if the proper procedure is not followed.
If you face the possibility of conviction for a DV offense and you wish to either relocate from Washington to another state or return to your home state at the close of your case, it is imperative that you discuss your options with a lawyer who is knowledgeable about the ICAOS. If you are in such a situation, contact the Washington Domestic Violence Lawyers at Milios Defense. We will help you break down your options and plan for your return or relocation to another state.