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Washington Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Washington on
Q: If I called police because Of threat of domestic violence, they didnt make arrest but do they file report of the call?

I called police on my husband because I was scared for my life, although there were no visible injuries but I had panic attack, so they didnt make any arrest. Do they file report of the call made without charges being pressed? Or they dismiss it and not keep in record? I need a copy of report if... View More

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Oct 15, 2021

The police will often create an incident report. If you called 911, you can request the call records, but they don't keep them for very long, so you should make that request ASAP. The incident reports will remain available, but you will need to request those records directly from the law... View More

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Define "change in circumstance" in the context of a Washington state protection order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 9, 2021

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: if cops are called for dv is the accused part going to jail
Cristine Beckwith
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Cristine Beckwith
answered on Jul 18, 2021

The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.

1 Answer | Asked in Domestic Violence for Washington on
Q: How do I get a case dismissed?

I wrote a statement against my boyfriend in which I lied on I was angry at the time now he’s facing some time I’ve tried calling and asking for help on what to do I really need help he didn’t do the things I said he did

Cristine Beckwith
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Cristine Beckwith
answered on Jun 7, 2021

Sorry to hear. You need to call a criminal defense attorney ASAP to help you navigate. Most of us offer free phone consultations. Making a false police report is a crime that could result in life changing consequences for yourself if you are not careful.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Can the DA in district court compel a victim of domestic violence class c misdemeanor to testify in a an MTR hearing?

Even if he didnt press charges or participate in the municipal case against defendant/girlfriend? Ok he got a summons to appear at my MTR hearing to testify for the state. This is not the municipal where the charges are. This is an MTR hearing that is scheduled for another reason having nothing to... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Feb 11, 2021

If you are asking if a DA can subpoena an alleged victim or witness to testify in a case than YES the DA can do this. There are different ways or methods of getting a subpoena to a person so if the person that is being asked to testify has questions about their rights that person should consult... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... View More

1 Answer | Asked in Domestic Violence for Washington on
Q: 15 years ago I was a first time offender charge with simple battery 16-5-23. I was given a program to take and I did not

Serve no time. My disposition states no further action anticipated restrict. Can I obtain a conceal license?

Jason Powers
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Jason Powers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2020

It looks as though the offense was out of Georgia? I advise you to speak to an attorney who is licensed to practice in the state of your offense. The answer would depend on what type of battery (assault) If you were convicted in Washington. If the charge included Domestic Violence or was a... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Washington on
Q: I was arrested and made aware of an restraining order by officer. He showed me on computer. I ever got paper copy¿

This has now caused me to miss court date as I never received any info on court date or what allegations I was. Looking at. I call the court and was told officer had done the service but never received any paperwork

Cristine Beckwith
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Cristine Beckwith
answered on Oct 9, 2020

Sorry to hear. An attorney can file a motion to reconsider for lack of service. You should contact an attorney ASAP.

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend and I are involved in a DV case and he had a court date this week but missed it

Is there anything he can do to fix this? If not what is in store for him? I still want to be with him and am so afraid that we won’t legally be able to. He hasn’t hired a lawyer because he can’t afford one... I myself have filed to get the no contact order dropped and we have a court date in... View More

Cristine Beckwith
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Cristine Beckwith
answered on Sep 4, 2020

Be very careful. If you attempt to change your story, you could be charged with making a false or misleading statement or obstruction of justice. Also, remaining in contact with your boyfriend puts him at risk for a violation of the No Contact Order.

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend got arrested for dv I’m wondering if it would be extremely beneficial to hire a lawyer or not?

Someone called the police on us and when they arrived @ his apartment I was packing my things to leave and didn’t want to speak to them at all but they kept pressing me for info and had kinda made up their minds up about what happened before they got there. We now have the mandatory protection... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 4, 2020

It is absolutely crucial that he is represented by an experienced criminal defense attorney and that same attorney can advise you if you want. However, there are issues that you should consider separately and I believe that you should have a consultation with an attorney on your own so that you... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: What happens if the police knowingly leave out crucial information from a police report?

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Patrick Owen Earl
Patrick Owen Earl
answered on Jul 29, 2020

You don't have the ability to ask or compel the police to include or exclude anything from a report, all you can do is collect all the information available from whatever source you can and then if it is relevant to your situation and defense then you hire an attorney to present this evidence... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: How common is it for the convicted of a DV assault 4 be the one with injuries but the victim had no injuries?

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Cristine Beckwith
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Cristine Beckwith
answered on Jul 23, 2020

Things of this nature are unfortunately common with domestic violence. For this reason, it is important to be defended by a criminal defense attorney with domestic violence experience.

Assault 4 does not require an injury. The contact only needs to be considered offensive.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Is a prosecuting attorney obligated to charge the alleged victim when evidence shows they were the assailant?

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Cristine Beckwith
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Cristine Beckwith
answered on Jul 21, 2020

The prosecuting attorney has discretion on who to charge after reviewing the available evidence and has no obligation to charge anyone. If you are facing criminal charges, the fact that your boyfriend was the main aggressor would be relevant to your defense. You need to be represented by a criminal... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block
answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: What form does a judge sign to recall/quash/terminate a bench warrant in Pierce County Superior Court?
Patrick Owen Earl
Patrick Owen Earl
answered on Jun 25, 2020

There has to be an agreement from the prosecutor to quash a warrant OR the person needs to present him/her self to the court and ask to quash the warrant. These are the best ways to do it.

If you are thinking about taking a document to the clerk and asking him/her to ask the Judge to sign...
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1 Answer | Asked in Domestic Violence for Washington on
Q: If me and my roommate both get a Temporary Protective order, what happens? Asking from Washington State

To add: if we get competing orders, will we both be ordered to leave the residence?

Cristine Beckwith
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Cristine Beckwith
answered on May 3, 2020

Hi, in that scenario, you would both be required to remain away from each other. However, the law disfavors competing protection orders so once a final hearing is scheduled, a judge will determine who gets a final order. These usually last one year.

1 Answer | Asked in Domestic Violence for Washington on
Q: can i have past convictions removed from my record ?

DV from 20 years ago is restricting me from employment.

Cristine Beckwith
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Cristine Beckwith
answered on Jan 24, 2020

Washington State does allow for vacation of certain DV convictions. Having the conviction vacated and the charge dismissed will clear your record and increase job opportunities moving forward. Please reach out to an attorney who can review your criminal history, the specific DV case and other... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: I need a no contact order lifted. I have no money. What are my options?
Stan Glisson
Stan Glisson
answered on Aug 19, 2019

Different courts handle these differently. First if there is a public defender on the case, ask her or him what the process is. If not, or if you don't know who that is, then call the court and ask them the procedure. You can do this without a lawyer and there are no costs. But if there is a... View More

1 Answer | Asked in Domestic Violence for Washington on
Q: If the state issued a DV protection order and I did not want one in the first place can it be dropped or cancelled
Cristine Beckwith
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Cristine Beckwith
answered on Jul 25, 2019

A DV protection order is petitioned for and controlled by the party seeking the order (petitioner). A criminal no contact order is entered by a Court typically at the request of the State (prosecutor).

If it is indeed a protection order, then you should be able to go to the Court house and...
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1 Answer | Asked in Domestic Violence for Washington on
Q: If I have a no contact order that neither me or my girlfriend want in wash state can we move to Oregon to bypass
Cristine Beckwith
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Cristine Beckwith
answered on Jul 16, 2019

Criminal no contact orders in Washington State have language in them that makes the order enforceable everywhere in the United States (including D.C., Puerto Rico, and any U.S. Territory).

It would be in your best interest to contact an attorney to assist you and your girlfriend in...
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