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Washington Domestic Violence Questions & Answers
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
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
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... Read 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... Read 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.... Read 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
Jason Powers 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... Read 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
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... Read more »

Cristine Beckwith
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... Read 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... Read 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... Read 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
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
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... Read 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
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
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... Read 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... Read 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
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...
Read more »

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
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...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Washington on
Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?

The state is trying to prosecute a DV4 case, what are the possible consequences if the reporter recants and tells the judge it didn’t really happen?

Greg Freeze
Greg Freeze answered on Mar 5, 2019

Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.

Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.

If you are pretrial, the goal would seem to be to...
Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Washington on
Q: Is it possible to lose sole custody of my son if I am a student, not currently working?

Husband is emotionally abusive and has been physical 2 times with me. He is terrible to my dog (hits him, threw him once). I’ve grown to hate him, and during one incident I feared for the safety of my son (emotional well-being too)

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

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