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Washington Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Washington on
Q: Do I have to petition to get my gun rights back in Washington state if a DV misdemeanor charge was dismissed?

The case was dismissed via pre-trial diversion agreement. No prior record in any state before or since. No order of protection nor under any investigations. This happened two years ago and the case was dismissed in 2021

Cristine Beckwith
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Cristine Beckwith
answered on Jan 3, 2023

A pretrial diversion agreement typically does not involve any finding or conviction. Because your case remained in pretrial status and was ultimately dismissed you will not lose your right to possess firearms as a result of entering into the agreement. You may want to confirm that your case was... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Washington on
Q: How can I revoke a domestic violance statement

I completely overreacted and was very upset due to my past relationships

Cristine Beckwith
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Cristine Beckwith
answered on Dec 22, 2022

Sorry to hear. This is a very delicate matter since doing so could expose you to criminal charges, if you were to admit to making a false police report. Definitely speak to a criminal defense attorney before attempting to recant a statement. This should not be the same attorney that is defending... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Can I add more details to an old police report?

A year ago I called the police because my ex had assaulted me but they didn't find probable cause. Now I know there's a witness can I go and refile a police report? The witness is a minor, will this change the outcome? Is it worth the trouble of trying to press charges?

Patrick Owen Earl
Patrick Owen Earl
answered on Nov 4, 2022

You asking the wrong people! This is a question forum that goes to defense attorneys, not law enforcement or prosecutor's. We are the ones that would represent the accused.

With that say, NOBODY should have to put up with or deal with anyone assaulting them. If this happened to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF Final mean there’s no charge and won’t ever be a charge?

Court never saw and individual while they were in jail. They had a court date and never were seen. We’re released and disposition said NCF final on the website. Does that mean there’s no charge and the individual won’t be called back in at a later date into a municipal or district court for a... View More

Patrick Owen Earl
Patrick Owen Earl
answered on May 20, 2022

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... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF final mean that An individual is not being charged does that mean they won’t be called into court again later?

Someone I know was arrested and the next day was suppose to go to court. They were never seen and let go with no paper work. Disposition on the website said NCF FINAL. Does that mean they are not being charged. Also if it says final does that mean they are not going summon them back for a trial? I... View More

Stan Glisson
Stan Glisson
answered on May 20, 2022

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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Washington on
Q: Can my sons mom hold a video of me being aggressive from a long time ago over my head for custody of my son ?

She was assaulting me and recorded me when I finally lost my cool . We’re broken up and she won’t let me see my son . She’s trying to cut me out of the picture and has another man around him . I just want to be able to see my son . Do I stand a chance in court ?

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

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...
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1 Answer | Asked in Domestic Violence for Washington on
Q: I Live in Washington state . My ex girlfriend filed for a restraining order and accused me of Stuff I didn’t do .

Can I get a lawyer to help Me fight this at my hearing or is this like small claims court where I have to fight for my self? She accused me of abuse And said I molested her which I never did!!

More details: I was given a restraining order from my ex girlfriend of 7 years , and in it she... View More

Cristine Beckwith
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Cristine Beckwith
answered on Dec 2, 2021

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.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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

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