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Washington Domestic Violence Questions & Answers
0 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Washington on
Q: If a petition for dependency was filed and cps took your child with no court order can I take my child during a visit

Told me it’s a welfare check they needed of my son I was respectfully declining a need for services father has made false allegations but the father has abandoned his son and doesn’t want to be paying child support or TANF.. so I took my son to Dcyf office and I was handed ‘court documents’... View More

0 Answers | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Washington on
Q: How do I request an administrative review of my cases in Superior Court, in Thurston County, WA?

I am seeking guidance on the possibility of requesting an administrative review of my cases in Thurston County. This involves a DV and Dissolution thesis, and it is in the Family and Juvenile Court section of the Superior Court. Could you please advise if this option is available to me and, if so,... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Washington on
Q: Do police officers tell parents to hit there kids as hard as they can in Washington state

My mother is saying that the police told her to hit me as hard as she can over me running away as a minor. I wasn’t able to tell the police the part where she was beating me but because I was afraid of going into foster care and she said they told her I was being abusive and she had to beg them... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. In Washington State, police officers do not have the authority to tell parents to hit their children. Physical punishment, especially if it results in injury, can be considered child abuse, and law enforcement officers are trained to protect... View More

1 Answer | Asked in Domestic Violence for Washington on
Q: Will signing an affidavit hurt me as a victim?

I lived with my boyfriend, my dad and sister. Sister has drug/alcohol abuse problems. She came home one night and attacked each of us. After some time trying to diffuse the violence, I called 911 since sister and potentially father were injured. Police showed up and questioned all of us, resulting... View More

Cristine Beckwith
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Cristine Beckwith
answered on Apr 15, 2024

Sorry to hear. Do not sign anything without the guidance of an attorney representing you.

1 Answer | Asked in Domestic Violence for Washington on
Q: Is it Possible to get a DV 4th degree expunged from your record?

My fiancé was charged with a DV 4th degree years ago because of an argument and we are wondering if we can get this expunged from his record.

Cristine Beckwith
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Cristine Beckwith
answered on Mar 29, 2024

It's possible. There isn't enough information here to give much advice, other than to call a criminal defense attorney to see if he is eligible. Some of us offer a free phone consultation to determine eligibility.

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Washington on
Q: Is it legal for the state to assign a nco on my husband when there was no apparent harm risk or danger to me from him?

My husband and I where in a strictly verbal altercation when the police where called and they arrested him for an assault in the 4th degree with dv enhancement when I answer no to every question I was asked by law enforcement and there was a no contact order put into effect. However he has NEVER... View More

James L. Arrasmith
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answered on Mar 19, 2024

In instances involving domestic disputes, law enforcement may have policies or legal obligations to act cautiously, which can include issuing a no-contact order (NCO), even if no physical harm occurred. This is often a precautionary measure intended to ensure safety and prevent any potential harm... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: I am a victim and survivor of child trafficking and recent and last few years .I'm being criminalized Washington state

I was forced to plead guilty for assault dv 4 degree .my abuser has been arrested twice since after mine .my lawyers when I had one cuz I went without lawyer for long while due process violations founded but ignored n charged told me they couldn't do anything about it didn't believe me... View More

James L. Arrasmith
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answered on Mar 16, 2024

I understand how difficult and overwhelming your situation must be. It's important to remember that you are not alone and there are resources available to help support victims and survivors of trafficking. It may be beneficial to reach out to local support groups, advocacy organizations, or... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Washington on
Q: I have a strange case we'll it's 2 cases in 1 somehow my public defender said it was a civil case and my other is a

Assault 4-dv the sheriff's that arrested me false a fide a statement from the alleged victim used a statement from my son who was in his room with a closed door I was in my room with a closed door he saw literally absolutely nothing he told me he told 911 I think my mom and her boyfriend are... View More

James L. Arrasmith
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answered on Mar 10, 2024

It sounds like you are dealing with a complex legal situation involving both a domestic violence charge (Assault 4-DV) and a potential civil case related to actions taken by law enforcement during your arrest. Here are some steps you can consider:

1. Communicate with your public defender:...
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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: is it breaching a DVPO if the defendant makes public posts about protected person on Facebook?

I live in Washington state and have a current DVPO against my ex. The only contact allowed is third party for child visitation or email about visitation and time. He is constantly posting about me on Facebook referring to me as “my son’s mom” “my kids mom” calling me a terrible parent and... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

It will depend on the wording of the Order. Unless it prohibits public comment, it likely is not a violation. if it can be construed as an attempt to make contact with the protected person, it may be. The excessive email sounds like an issue. You ought to seek a modification of the order moving... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Municipal Law for Washington on
Q: Can I legally be required to attend an arraignment for a crime I am accused of but haven’t been arrested/subpoened for ?

Since leaving my county of residence over a month ago and traveling several hundreds of miles for a family emergency to a county in a different state the local LEA has filed charges with the court of limited jurisdiction alleging I violated animal control statutes and committed acts of harassment... View More

Liza Burke
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answered on Feb 3, 2024

The prosecutor can file charges without notice to the accused person and then you have to participate in all aspects of the court process (namely, hearings). Even when someone is arrested and let go or they go to jail for a night and no charges are filed, they might be unpleasantly surprised down... View More

1 Answer | Asked in Car Accidents and Domestic Violence for Washington on
Q: Can I get pain and suffering or a settlement from someone who vehicular assaulted my child and I.

My son and I were involved in an incident that involved vehicular assault to our bodies (not in another motor vehicle “ and the person fled the scene and is uninsured with a suspended license. I went to the hospital for the injuries I sustained and I’m in severe pain.

Joel Gary Selik
Joel Gary Selik
answered on Nov 8, 2023

Yes you can.

You might have uninsured motorist coverage. Also, you can sue the at-fault driver.

1 Answer | Asked in Domestic Violence for Washington on
Q: If I’m offered a stipulated order of continuance for a DV case , do I need a lawyer?

Is this a good resolution and do I still need to hire an attorney if I want to accept this offer?

First time offense

DV 4th degree

Cristine Beckwith
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Cristine Beckwith
answered on Sep 7, 2023

In some situations this is a good resolution. In other cases it may not be. It depends on factors such as the evidence, seriousness of charge(s), and criminal history.

A criminal defense attorney should be advising you. Best of luck.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: If I called the cops on my girlfriend for hitting me , but she never got arrested, Will anything be on her record ?
T. Augustus Claus
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answered on Aug 11, 2023

If your girlfriend was not arrested and charged after you called the police regarding the incident, it is unlikely that anything related to that specific incident would appear on her criminal record. However, it's important to note that police records and interactions can vary based on local... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: In Washington and the neighbor called the cops on mother and daughter fighting and the daughter left before cop came.

Mother and daughter were both attack each other.What would happen to the daughter for leaveing

Todd B. Kotler
Todd B. Kotler
answered on Jul 26, 2023

You asked "What would happen to the daughter for leaving"? The answer is nothing for leaving. For the fight? perhaps a domestic violence charge, depending on whether the police find mother credible.

1 Answer | Asked in Domestic Violence and Criminal Law for Washington on
Q: What are the chances of getting a domestic violence assault in the 2nd dropped to 4th if I complete a dv class w/o order

I have no previous record,girlfriend and I got into argument she started kicking me so I grabbed her by the back of the neck and pushed her aside so I could leave. I immediately called 911 and explained what happened and told them where I'd be since I was leaving home to avoid it escalating.... View More

Cristine Beckwith
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Cristine Beckwith
answered on May 6, 2023

Hello, unfortunately it’s not a simple process to reduce a felony to a misdemeanor or to convince the prosecutor to drop charges…even if the alleged victim doesn’t want the charges. Sometimes an effective self-defense argument can be made….but a criminal defense attorney should carefully... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: Is it possible to get assault 2 and assault 4 dv. Lowered if I complete anger management on my own before my next court

My ex kicked me and I grabbed the back of neck and moved her out of my way so I could leave,I immediately called 911 and explained what happened and where to find me. A long history of her having disorderly interactions with police and false accusations proven time after time. I've contacted... View More

Cristine Beckwith
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Cristine Beckwith
answered on Apr 25, 2023

Sorry to hear. There isn’t enough information here for an attorney to tell you it would be helpful or not to complete anger management that is not court ordered. Frequently it is beneficial to engage in proactive treatment services; however, depending on the jurisdiction, if substances were... View More

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2 Answers | Asked in Family Law, Domestic Violence and Landlord - Tenant for Washington on
Q: Where can I find a pro bono lawyer for a power of attorney

I'm the power of attorney for my dad but my mom keeps putting protection orders against me so I'll stop me from seeing my dad and I need legal advice about me being a power of attorney and what can I do my mom's trying to sell his house and put him in a home and he wants to die in... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2023

The Washington State Bar Association provides the following resources for pro bono and low-cost legal assistance for its indigent population:

https://www.wsba.org/for-the-public/find-legal-help

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Washington on
Q: What can happen if you run out of court room after you have been sentenced and waiting for a jailer to come get you
Patrick Owen Earl
Patrick Owen Earl
answered on Feb 25, 2023

The first thing I would need to know before I can answer this question is: When you were in front of the Judge for sentencing were you nice and compliant with the system, Judge, prosecutor and your attorney or were you a pain in the butt?

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Washington on
Q: Do I have to petition to get my gun rights back in Washington state if a DV misdemeanor charge was dismissed?

The case was dismissed via pre-trial diversion agreement. No prior record in any state before or since. No order of protection nor under any investigations. This happened two years ago and the case was dismissed in 2021

Cristine Beckwith
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Cristine Beckwith
answered on Jan 3, 2023

A pretrial diversion agreement typically does not involve any finding or conviction. Because your case remained in pretrial status and was ultimately dismissed you will not lose your right to possess firearms as a result of entering into the agreement. You may want to confirm that your case was... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Washington on
Q: How can I revoke a domestic violance statement

I completely overreacted and was very upset due to my past relationships

Cristine Beckwith
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Cristine Beckwith
answered on Dec 22, 2022

Sorry to hear. This is a very delicate matter since doing so could expose you to criminal charges, if you were to admit to making a false police report. Definitely speak to a criminal defense attorney before attempting to recant a statement. This should not be the same attorney that is defending... View More

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