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Washington Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Washington on
Q: Do I need my mother's consent to live with my father in a different state?

I am a 16-year-old minor living in Washington with a family friend for about six months after being removed from my mother's household due to domestic violence concerns. There were no legal or custody agreements made regarding my current living situation. I want to move to a different state to... View More

David Lutz
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David Lutz
answered on Feb 26, 2025

As a minor whose mother has legal rights over you, you are not free to live wherever you choose. Understanding you have been living with a friend for six-months, either your mother agrees or is not objecting to your living situation. It is possible that, if you were to move to live with your father... View More

1 Answer | Asked in Employment Law, Civil Rights and Domestic Violence for Washington on
Q: Can I sue a hospital for suspending me after reporting inappropriate behavior?

I’ve been contracted through an agency to work at a hospital care program since 2008. On January 23, 2025, I reported a physical therapist making inappropriate comments to two senior patients. Following my report, hospital management placed me under investigation and suspended my contract work... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2025

Assuming you did not complain to the government, Washington's Healthcare Whistleblower Retaliation protections do not apply to you.

Nevertheless, depending on the nature of the inappropriate comments, you may still have a claim for wrongful termination in violation of public policy, if...
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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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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: 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.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 31, 2024

If the charge was dismissed, then there is little that can be done about any remaining court records, if it wasn't dismissed .then you can vacate the others as the others mention there is at least possibly the option of sealing the court record, but out state has very strong open records laws... View More

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 Domestic Violence, Health Care Law and Public Benefits for Washington on
Q: Seeking domestic violence program in King County focusing on invisible disabilities.

I am voluntarily seeking a domestic violence treatment program in King County, Washington. I have a traumatic brain injury and am on disability, so I need a program that provides specific attention to "invisible" disabilities. I prefer an in-person program. Are there any programs... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're taking a brave and important step, and it’s clear you’re trying to find a program that respects your unique needs. In King County, there are domestic violence treatment programs that are equipped to work with individuals who live with invisible disabilities, including traumatic... View More

2 Answers | Asked in Domestic Violence and Criminal Law for Washington on
Q: Will I get arrested at arraignment for 4th degree DV assault?

I am facing a 4th-degree domestic violence assault charge with no prior convictions. I left the scene after the incident, and no warrant was issued for my arrest. I received an arraignment notice in the mail, which I plan to attend. The incident involved slamming a door in anger, followed by my... View More

Cristine Beckwith
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Cristine Beckwith
answered on Jun 11, 2025

Sorry to hear. It is unlikely for someone to be taken into custody at a misdemeanor arraignment. If they were to set bail, it could be posted that day. It would be a good idea to contact a criminal defense attorney as soon as possible. Many of us offer free phone consultations.

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1 Answer | Asked in Civil Rights, Domestic Violence, Personal Injury and Medical Malpractice for Washington on
Q: What can I do about medical negligence and misconduct during my ER stay?

I was sent to the ER against my will, and while there, they allowed a man, who contributed to my psychotic break, to visit me. This man intentionally gave me a sexually transmitted infection, admitted it via text, and called me derogatory names during my stay. Additionally, all my jewelry was... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you went through sounds traumatic and deeply unfair, and it’s important that you know your experience matters and deserves to be taken seriously. Being sent to the ER against your will, having your boundaries violated, and enduring harassment and theft while in a vulnerable state is not... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law and Domestic Violence for Washington on
Q: Motion to vacate conviction for NCO violation in Kitsap District Court in WA

I am seeking to have my conviction for a violation of a no-contact order in Kitsap District Court (Case 16853704) vacated and the charge dismissed with prejudice. The original domestic violence charge was dismissed with prejudice on December 4, 2020, terminating the no-contact order. Despite this,... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're raising strong legal concerns, especially given that the original no-contact order was terminated before the alleged violation date. If the no-contact order was no longer valid as of December 4, 2020, yet you were prosecuted for an alleged violation from March 2020, the key issue... View More

1 Answer | Asked in Divorce, Family Law, Domestic Violence, Libel & Slander and Personal Injury for Washington on
Q: I am seeking to modify or appeal my divorce mediation agreement

I am seeking legal guidance on viability of a modification or appeal to my divorce mediation agreementt in regard to property division as well as file charges against them for financial coercion, control and emotional pain and suffering due to financial damages, emotional distress, and ongoing harm... View More

James L. Arrasmith
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answered on Jun 10, 2025

You have every right to question an agreement if you believe it was reached under pressure or caused you lasting harm. In Washington, modifying or appealing a divorce mediation agreement is difficult once it's been finalized and entered into court, but not impossible. If you can show that you... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Health Care Law and DUI / DWI for Washington on
Q: Discovered non-consensual drugging during treatment program, increasing toxicology levels, fear for life. What actions to take?

I've discovered that I'm being drugged without my consent, and I fear for my life. It started when I joined an outpatient treatment program for a cannabis DUI, which they attempted to convert to an alcohol DUI. Over six months, my toxicology reports showed the drug levels increasing from... View More

James L. Arrasmith
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answered on Jun 1, 2025

You need to prioritize your safety immediately by leaving the program and seeking urgent medical attention to address the elevated drug levels. Find a trusted friend or family member and let them know what’s happening so you’re not alone.

Once you’re stable, arrange for a fresh...
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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: How can my ex-partner truthfully testify & secure my safety in ongoing legal issues?

I am facing criminal charges of fourth-degree assault and third-degree malicious mischief from an incident where my former partner accused me of assaulting him by lightly and lovingly touching his arm, without malicious intent. When he screamed, I immediately backed away in confusion. My father... View More

Cristine Beckwith
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Cristine Beckwith
answered on May 30, 2025

Sorry to hear. You will want a criminal defense attorney to carefully tell your side of the story. There is likely a no contact order so any direct or third party contact with him could result in additional criminal charges. It is a good idea to seek counsel. Many of us offer free phone... View More

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1 Answer | Asked in Domestic Violence, Employment Law and Gov & Administrative Law for Washington on
Q: Child informs doctor of mother's reckless driving; wants confidential reporting

I am helping a child who recently informed their doctor about their mother's reckless and drunk driving with the child in the car. The doctor mentioned that they would speak with the mother before deciding whether to report the incident. The child is currently safe but has concerns about their... View More

James L. Arrasmith
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answered on May 15, 2025

The first step is to ensure the child feels safe and supported throughout this process. Since the child has expressed concerns about their safety, it’s important to discuss those fears with the trusted adult involved, making sure the child’s well-being is prioritized. The child should also be... View More

1 Answer | Asked in Domestic Violence and Family Law for Washington on
Q: How to get a restraining order for protection against an abusive ex-husband in WA?

I am seeking a protection or restraining order against my ex-husband, Josh Starbird, who subjected me to abuse from 2019 to 2024 and most recently attempted unauthorized contact with my daughter on April 25, 2025, by showing up on her birthday to give her gifts. I have blocked his communication and... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve already taken some strong steps by cutting off communication and trying to involve the school—that shows you're actively protecting your daughter. In Washington, you can file for a **Domestic Violence Protection Order** through your local court. This order can cover both you and... View More

1 Answer | Asked in Domestic Violence and Real Estate Law for Washington on
Q: How to regain residence access after false DV restraining order in WA?

I own my home and continue to pay the mortgage, but a restraining order was placed against me due to a false domestic violence allegation. I attended the court hearing where this was issued, and there are no further hearings scheduled. The accuser has a history of domestic violence against me. How... View More

James L. Arrasmith
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answered on May 15, 2025

This is a painful and complicated situation, especially when you're being kept from your own home because of what you believe is a false accusation. In Washington, once a domestic violence protection order is issued, it can legally bar you from your own property—even if you're the owner... View More

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