Domestic Violence

Arrested for a Domestic Violence Charge in Washington State?

In Washington State, a charge of domestic violence carries enormous consequences. You may have already discovered that one 911 call made in the heat of a dispute has triggered an unstoppable prosecution process. You may have been ordered to have no contact with your spouse or loved one and your children and been banned from your home. The stiff penalties and fines you are facing can threaten your employment, the custody of your children and your future.

But do not despair. At the law offices of Kevin Trombold, we will stand by your side and navigate the legal system to put the pieces of your life back together. We have over 20 years of experience handling domestic violence cases in Washington. We are well known and respected by the prosecutors and judges of the region. Because of our vigorous defense strategies, hundreds of happy clients have thanked us for helping them recover from the damage of a domestic violence charge.

Our immediate goal is to get charges such as domestic battery and assault reduced or dismissed and to help you regain contact with family. We will begin by investigating your case thoroughly, examining the police report and methodically weakening the prosecutor’s evidence. We will aggressively negotiate your case, relying on cordial, long term relationships we have established over the years with the region’s prosecutors.

Most cases can be successfully resolved without a trial. But if we cannot get the deal your case deserves, we will take your case to a jury. Kevin Trombold took hundreds of cases to trial is his years as a public defender – a rare skill among domestic violence attorneys. We know how to prepare and defend a domestic violence case convincingly before a judge and jury.

Washington does have some of the strictest abuse laws in the nation, but there is reason for hope if you have aggressive legal defense from our firm. (click here for testimonials)

What is Domestic Violence?

Domestic violence (DV) charges usually arise from complicated family situations, often in connection with a custody matter or divorce. DV is generally defined as any action that causes physical harm or the fear of harm between family and household members, the sexual assault of one family member by another, or the stalking of one family by another. In recent years, the legislature has elevated the consequences for domestic violence and in 2010 is debating bills that would increase mandatory sentences for those convicted of DV. Court and prosecutors have set aside special units and funding to handle DV cases and are evaluated on how many convictions they obtain. The system leans toward the protection of the victim, though the charges may be exaggerated or even trumped up. Immediate, competent and skilled representation is vital in avoiding the harsh penalties accompanying convictions for these crimes.

The Consequence of a 911 Call: Someone Must Go to Jail

Under Washington State law, officers responding to a domestic violence call must remove one person from the residence. They will knock loudly at the door, ordering “Police, Open Up.” They will listen to both sides of the dispute and make a judgment call on which party to arrest and remove from the situation. Although both parties may tell officers that there is no need for an arrest, one will be made; the law mandates that police officers must make an arrest if they have probable cause to believe that a crime has occurred within the last four hours.

Courts routinely issue “No Contact Orders” when someone is charged with a DV crime. These orders prohibit contact with the other person(s) involved in the incident. This involves children, even if they were merely witnesses to the altercation. The orders prohibit contact of all kinds: in person, writing, telephonic, electronic, text, email, and through third persons. You will be excluded from your home with the exception of one short visit with police escort to gather your bare essentials. You will be excluded from the other party’s place of work as well. This can be a problem when involved people have a workplace in common.

Firearms

People accused of DV crimes will generally be ordered to surrender their weapons, including firearms. Judges don not hesitate to make this order because if a conviction for a DV crime follows, state law prohibits future possession. This is a serious problem if you work in law enforcement, the military or other job that requires weapons.

Fines

If you plead guilty or are convicted of a DV crime the court will impose fines and costs for the case to proceed in its jurisdiction

Counseling or Treatment

If you plead guilty or are convicted of a DV crime the court will require you to pay for and participate in a domestic violence batterer’s treatment program, which includes anger management training. You may also be required to undergo a psychological evaluation.

Immigration

The immigration consequences of a DV conviction can be profound. People without citizenship can be excluded from reentry and or deported. The defense attorney should be well informed of the citizenship status of the accused for a successful outcome.

Record of Conviction

A conviction for a DV crime is treated differently and is more difficult to remove from your record than other crimes.

Types of Charges:

Felony v. Misdemeanor

Crimes are defined by the maximum level of punishment the court can impose. That does not mean the judge will sentence the convicted person to that maximum. In Washington we have five levels of crimes. Felonies can be class A, B, or C, and Gross Misdemeanors and Misdemeanors. The maximum imprisonment associated with each is listed below.

Class A Life

Class B 10 years

Class C 5 years

Gross Misdemeanor 1 year

Misdemeanor 90 days

Assault

A person can commit the crime of assault in two ways: an offensive touching or the apprehension that an offensive touching will occur. Both require a state of mind called intent. The accused person must have intended the offensive touching to occur. The crime of Assault in Washington State is prosecuted in four different degrees, with first degree being the most serious. Assault 1, 2 and 3 are felonies over which Superior courts have sole jurisdiction. Assault Four, the most common DV charge, is heard in District and Municipal courts because it is a Gross Misdemeanor, carrying up to 365 days in jail and a $5,000 fine.

Battery

Defined as a harmful or offensive touching, this crime no longer exists as a separate charge in Washington State. The charge of Assault now includes battery.

Harassment

The person arrested for harassment, allegedly has knowingly threatened to cause bodily injury or property damage to another, either now or in the future. The crime also includes subjecting the threatened person to confinement or restraint. The person threatened must have “reasonable fear” that the threat will be carried out. Harassment is a Gross Misdemeanor carrying up to 365 days in jail and a $5,000 fine. A second charge of harassment, involving the same victim or victim’s household members or someone previously named in a no contact order, is a Class C Felony, carrying a maximum of five years in jail. Any harassment including a threat to kill is also a Class C Felony.

Violation of a No Contact Order

This Gross Misdemeanor charge applies when people know of a previous No Contact Order and violate a specific portion or restriction in that order. If the violation of the order is an Assault or the accused person has two prior violations, it is considered a Class C Felony. Even if the protected person invites you to see them, the No Contact Order is still in affect and you will face criminal penalties if you meet with them. This common misconception of No Contact Orders has lead to many, many additional charges. The Court’s order of No Contact stands until the Court changes or removes the order. The people in the order have no authority to change it; they must apply to the Court for a change. Consult with an attorney familiar with this area of law to understand your options. The Court takes violations of these orders very seriously.

Malicious Mischief or Property Destruction

Knowingly and maliciously causing damage to property of another is a Class B Felony if the amount of damage exceeds $5000. If the value exceeds $750, then it is a Class C Felony; if the value is less than $750 then the charge is a Gross Misdemeanor.

Interference with a 911 Call

A person commits this crime when they prevent or attempt to prevent the victim or a witness of DV from calling 911, obtaining medical help, or making a report. If there was no underlying crime of DV then this charge will fail. Interference is also a Gross Misdemeanor, carrying up to 365 days in jail and a $5,000 fine.