Felony Domestic Violence Defense Lawyer

What Counts as Domestic Violence in Washington

Washington does not have a single crime called “domestic violence.” Instead, under RCW 10.99.020, a domestic violence designation attaches to an underlying crime, such as assault, harassment or malicious mischief, when the alleged victim is a family or household member or an intimate partner.

That includes current and former spouses and dating partners, people who have a child in common, parents, children and other relatives, and adults who live or have lived together. The DV designation does not change the maximum penalty for the underlying crime, but it brings mandatory arrest rules, no-contact orders and serious collateral consequences.

Mandatory Arrest and No-Contact Orders

Under RCW 10.31.100, police must arrest an adult when they have probable cause to believe that person assaulted a family or household member within the previous four hours. As a result, many DV cases begin with an arrest and a night in jail, even when the alleged victim did not want anyone arrested.

At the first court appearance, the judge will almost always issue a criminal no-contact order under RCW 10.99.040. The order can bar you from your home, from contacting your partner, and sometimes from contacting your children. It applies even if the protected person wants contact, and violating it is a separate crime.

Domestic Violence Charges Kimberly Exe Defends

• Felony Assault (DV)First- through third-degree assault, including assault with a deadly weapon
• StrangulationSecond-degree assault by strangulation or suffocation, a class B felony
• Felony HarassmentThreats to kill and other harassment charged as a felony
• Felony No-Contact Order ViolationsViolations involving an assault, or after two prior violations, which are class C felonies
• Burglary and Unlawful ImprisonmentResidential burglary, kidnapping and unlawful imprisonment in a domestic setting
• Felony Malicious Mischief (DV)First- and second-degree property damage in a domestic setting
• Felony StalkingStalking allegations, including stalking in violation of a protection order
• Child and Elder AbuseAllegations involving children or vulnerable adults in the home

Felony DV convictions are sentenced under Washington’s felony sentencing rules, and prior domestic violence history can raise the offender score.

Consequences of a Domestic Violence Conviction

A DV conviction often carries consequences well beyond the sentence itself:

• Prison time for many felony DV offenses, with prior domestic violence history counting more heavily toward the sentence
• Loss of firearm rights under both Washington and federal law
• State-certified domestic violence intervention treatment, probation and long-term no-contact orders
• Immigration consequences, because crimes of domestic violence are a ground for deportation. See immigration consequences of criminal charges
• Effects on parenting plans and family law proceedings

Defending a Domestic Violence Case

Domestic violence cases are often built on a single 911 call, a brief police investigation and statements made in a moment of crisis. A thorough defense investigation can change the picture. It examines:

• 911 recordings, body-worn camera video, photographs and medical records
• Text messages, social media and other communications that provide context
• Witnesses police did not interview, and evidence of self-defense or defense of others
• Whether the alleged victim’s out-of-court statements are admissible if they do not testify, because the Confrontation Clause limits what prosecutors can use

Where appropriate, Kimberly negotiates for dismissals, reductions from felony to misdemeanor charges, removal of the DV designation and sentences that avoid prison. When a case should be tried, she is prepared to try it.

Domestic Violence Defense FAQs