What this means is that for now, the matter isn't charged. It has been stopped and the State is investigating it further to determine if they have more potential evidence against this person to file the charge. If the underlying charge is a misdemeanor level case, they have a year to file... Read more »

It definitely does not mean that a charge could not be filed in the future. If the prosecutor gets more information or a follow up report, they can change their mind and file until the statute of limitations has run out. That is at least one year, but more for most crimes.

The short answer is yes. She can present all evidence that you are not good to be around your son because you have anger problems.

But because no one is perfect, I'm sure that you have evidence that shows you are patient and a good dad. In fact, you likely have a history since that... Read more »

Sorry to hear. It would be a good idea to be represented by a lawyer. Cease all contact with her. In this type of scenario, things can quickly spiral out of control while you remain unrepresented. Best of luck.

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... Read more »

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... Read more »

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.

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.

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 »

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 »

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 »

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

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.

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 »

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 »

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.

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 »

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.

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... Read more »

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.