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Washington Domestic Violence Questions & Answers
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...
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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 »

1 Answer | Asked in Contracts, Domestic Violence, Land Use & Zoning and Real Estate Law for Washington on
Q: My ex fiance and I signed a year lease in October he got worse with angry issues & verbal/emotional abuse. I need off.

What can I do to get off lease without penalties?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 24, 2018

While you may be held liable for your duties under the lease, if you leave the home to protect yourself from actual domestic violence, and if your ex doesn't pay the lease in full and on time, your landlord might pursue both of you in court for breach of contract and any owed monies (or your... Read more »

1 Answer | Asked in Domestic Violence for Washington on
Q: So my bf got arrested for domestic violence but i never pressed charge its the State but will that lead him to jail?
Jason Powers
Jason Powers answered on Feb 8, 2018

The State will be prosecuting him. Once a person calls 911, or maybe someone else did, and the police get involved you do not have the power to press charges. The prosecutor may take your thoughts into consideration on how the case is resolved. If your request is counter to what they think should... Read more »

1 Answer | Asked in Domestic Violence for Washington on
Q: Hello - My Father was convicted of a domestic violence charge over 20 years ago. Can this be expunged?

His ex-wife who had him arrested is even willing to appear in court with him because she knows that what actually happened back then in no way justified a DV charge and subsequent conviction....Please advise....Thank you

Jason Powers
Jason Powers answered on Nov 25, 2017

He may be able to have the charge vacated. More facts are needed such as what type of DV charge? Was it a felony or misdemeanor? Were the terms of probation completed? If the DV charge was a misdemeanor, the answer is probably. If it was a felony it may be vacated depending on the charge. I... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: How can I (victim) terminate a no contact order if it's set for 47 years? We have 3 kids & his first conviction.

My husband and I have been married for 5 years 3 children under 8. First we had a verbal disagreement he was ordered to stay away for 8 years. Now a few months later he was caught in violation of the plan. Also there was contact with me but NO hitting punching slapping. He was ordered to stay... Read more »

Jason Powers
Jason Powers answered on Nov 19, 2017

As the protected party you will need to go before the court that issued the NCO. Some of the procedure depends on if the order was issued via a criminal case, an anti-harassment case or a family law matter. If the NCO a final order or pending the outcome of a criminal trial or divorce decree?... Read more »

1 Answer | Asked in Domestic Violence for Washington on
Q: What happens if the person who filed a restraining order violates it? And what happens if the person filed on responds?
Jason Powers
Jason Powers answered on Nov 3, 2017

A restraining order forbids the restrained party from violating its' conditions. The party who sought the order is not under any restraints. That means if the person who filed the order contacts the restrained person nothing will happen to them. The restrained party till cannot contact that... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: I was accused of pushing my disabled my disabled spouse what happens next

Someone accused me of pushing my wife. Both my wife and i are disabled. Aps came into our home and interviewed both she and I. later on, the same day, the cops were called, and did a wellness check. They said, " no sign of abuse." What happens next?

Jason Powers
Jason Powers answered on Sep 6, 2017

The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Washington on
Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house

Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house

Jason Powers
Jason Powers answered on Sep 6, 2017

Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Would a lawyer be able to drop my case?

Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... Read more »

Jason Powers
Jason Powers answered on Sep 5, 2017

If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Immigration Law and Juvenile Law for Washington on
Q: can a child of a U.S citizen with an expired visa get emancipated if his parent is abusive?

the child is suicidal and the parent the primary cause. the child is 16 turning 17 in February 2018

Amanda B Cook
Amanda B Cook answered on Jun 5, 2017

The short answer to the question is yes. But please seek the counsel of an experienced immigration attorney to help you do so.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Washington on
Q: How can you get previous domestic violence history on your abuser

From previous relationship before you. To use in court against your abuser?

Stan Glisson
Stan Glisson answered on Apr 13, 2017

Well, conviction history is public record. One easy way to get it is to order a WATCH report from Washington State Patrol. You can do it on line at WSP's website, I think they charge ten dollars.

If there were no criminal convictions, there may be sources of court documents from...
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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: My fiance was wrongfully arrested on a DV charge. I need to know how to get the stay away order dropped.

The police refused to listen to the details of what was really happening that night. He was in fact PROTECTING me, not hurting me in any way - but based on what they thought was happening, they arrested him for domestic violence. The judge, then, after reading the police report, deemed that I was... Read more »

Stan Glisson
Stan Glisson answered on Feb 7, 2017

Different courts work a little differently. You may want to call the court clerk's office (or go there) and ask them what the procedure is. Also, you can talk to you his lawyer (the clerk can tell you who that person is) and they may be able to give you some direction, although they won't... Read more »

1 Answer | Asked in Domestic Violence for Washington on
Q: My husband got arrested and charged for FEL VIO CRT ODR-DV AND multiple what's that mean??
Brian Lehman
Brian Lehman answered on Feb 3, 2017

You should contact a criminal attorney in your area and go through the charges. It looks like a Violent Felony with a no contact order for domestic violence plus underlying charges. But, again, contact a criminal attorney and ask him or her what it is about and decide what you want to do.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: How long will a court order a nco in a domestic violence case in Washington state? And can we ever get married

Neither one of us called the police. The call came from a friend in another state. I told the police i did not need help when they came and asked them to leave. They claim i made a statement but i dont remember due to me being drunk and impaired off my medication. Just as i was when this so called... Read more »

Stan Glisson
Stan Glisson answered on Dec 12, 2016

A no contact order has to have an expiration date. Could be (in your situation) 5 years, or 10 years. They also can be modified or lifted earlier than that by a judge.

Why the charge was filed, why the NCO was imposed, and what is likely to happen with the case are all complicated...
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1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Sexual Harassment for Washington on
Q: I'm an author looking to write a realistic account of what happens to a character who commits a crime.

Character attempts to kidnap child, is caught and arrested before he can succeed. Child is unharmed. Character confesses a sexual interest in the child, however, has committed (nor attempted) no prior crimes whatsoever. Any information about this proceeding will be helpful, but specifically my... Read more »

Paul Stanko
Paul Stanko answered on Oct 9, 2016

An attempt to commit a crime is still a crime, so attempted kidnapping is the likely charge. Possible penalties are set by state and/or federal law, and any sentence would be within the range allowed by law. Predicting the actiual sentence would be impossible.

2 Answers | Asked in Domestic Violence for Washington on
Q: I got charge for domestic violence misdemeanor ,I moved states before my court date wha's gonna happen?

I moved cuz I couldn't afford to live there , my gf is the one that called the cops on me cuz I pushed her but where still together she called cuz she was mad & now regrets it .. is there any way they could move court to the state I live in know or do I have to go back ?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

When you fail to appear a warrant for your arrest will be issued. They cannot move the criminal case to where you live not. You have to go back.. The best thing to do is hire a private criminal defense attorney there.

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1 Answer | Asked in Domestic Violence for Washington on
Q: I got charge for domestic violence misdemeanor ,I moved states before my court date whats gonna happen?

I moved cuz I couldn't afford to live there , my gf is the one that called the cops on me cuz I pushed her but where still together she called cuz she was mad & now regrets it .. is there any way they could move court to the state I live in now or do I have to go back ?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

When you fail to appear a warrant for your arrest will be issued. They cannot move the criminal case to where you live not. You have to go back.. The best thing to do is hire a private criminal defense attorney there.

1 Answer | Asked in Domestic Violence for Washington on
Q: My fiancé was arrested when our protection order has been lifted why is this?

Will he be released from jail? He hasn't violated the law whatsoever. I filed a motion to remove protection order and the judge approved it.

Jeffrey Alan Lustick
Jeffrey Alan Lustick answered on Oct 8, 2014

Unless he got arrested for some reason other that you do not know about, his arrest for violating an order of protection that has been rescinded could be a false arrest. This happens very rarely, but sometimes the court will not get the paperwork showing that the judge rescinded the order into the... Read more »

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