Domestic Violence Defense Strategies Showcased - Burke Brown Attorneys, PLLC.

Allegations of domestic violence—no matter how unfounded—tend to capture a lot of negative attention. That means that even if criminal charges have not yet been filed, it is vital to start preparing a solid defense strategy as soon as possible. While domestic violence accusations can lead to criminal charges, allegations also affect family law issues such as custody. Moreover, if a partner or family member asks the court to issue a protection order against you, that will appear on your record which is visible to employers, lenders, and others who look into your background. Your reputation can quickly suffer serious damage.

Recognizing that you need to develop a defense strategy is the first step. At Burke Brown Attorneys, PLLC, we have been successfully defending individuals in domestic violence situations for over 30 years, so we know how painful it can be to even admit the possibility that people would believe you are capable of domestic violence. Acknowledging that you need to defend yourself is a huge first step. In this post, we will look at how Washington state law views domestic violence and the most effective steps you can take to defend your rights and protect your future.

Washington’s Domestic Violence Laws

For purposes of protection order cases, domestic violence is defined in Section 7.105.010 of the Revised Code of Washington . There are two parts to the definition: domestic violence offenses involve particular types of conduct committed among people in a specific type of relationship. Conduct that can be considered domestic violence includes:

Causing physical injury or harm
Assault
Inflicting fear of physical injury or assault
Forced sexual conduct
Stalking
Harassment
Coercive control

A more detailed list of offenses is included in RCW 10.99.020. If someone commits one of these actions against another person, the action is only considered domestic violence under Washington law if it is committed against an individual who is considered to be an ‘intimate partner’ or ‘family or household member.’ These categories are legally defined and include relationships such as spouses, former spouses, those who have a child in common, and other individuals who have certain familial or co-residential connections.

In criminal cases, domestic violence is defined differently. Essentially any crime can be considered domestic violence if it is committed against a family or household member or intimate partner.

Washington law mandates arrest in domestic violence situations when police have probable cause to believe a domestic violence offense has occurred. While there is no strict ‘four-hour rule’ in the statute itself, the recency of the alleged incident is a significant factor in determining probable cause, and officers are more likely to make an arrest when the incident is recent.

Building a Strong Defense

Because of the way some of the conduct that can be treated as domestic violence is defined under the law, it can be easy for prosecutors to get a conviction unless the person accused puts up a strategic defense. This can include a number of approaches depending on the situation.

Evidence Scrutiny

It can be incredibly effective to examine the evidence in detail—if you know what you are looking for. At Burke Brown Attorneys, PLLC, we know every element that prosecutors must prove for each type of conduct, so we know when evidence is missing or weak. We also know how to look for evidence to refute assertions made against our clients.

Challenge Accuser Credibility

In domestic violence cases, external evidence can sometimes be hard to find, and the case often boils down to one person’s word against the other. Unless a challenge is made, it is easy for courts to favor the accuser who is often presented by the prosecution as vulnerable and exploited.

When the circumstances warrant, it is wise to present evidence and arguments that undermine the credibility of the person making the accusations. That person may have ulterior motives, particularly when custody is an issue.

Self-Defense Claim

Many times, the person making accusations of domestic violence is actually the one who made the first threatening move. The person charged with a violent act was merely fighting back in self-defense, or to protect children or others nearby. It often requires a delicate touch to present this argument effectively, but when properly presented, the argument is hard to deny.

Pre-Trial Negotiations

Before a domestic violence case goes to court, there are numerous steps your attorney can take to help bring about an advantageous outcome. For instance, your attorney can help arrange bail and potentially seek a modification of the No-Contact Order issued against you. Your attorney should provide advice on what to do to preserve your rights, how to avoid common pitfalls that can jeopardize your case, along with steps to remain in compliance with court orders.

It may be possible to negotiate with the prosecutor to have charges dismissed or deferred in exchange for commitments to undergo treatment and counseling.

Relief After a Conviction

While a conviction for a domestic violence offense can cause tremendous problems, there are options for relief. A defense attorney who understands how courts handle domestic violence cases in the Seattle area may be able to appeal the conviction on procedural or other grounds. It may be possible to have a sentence modified to an outcome based on rehabilitation rather than incarceration.

The Importance of Experienced Legal Counsel

In our opinion, it is impossible to overstate the importance of working with experienced legal counsel when you are facing accusations of domestic violence. Admittedly, our opinion is biased because we have seen time and time again what happens when defendants try to represent themselves in hearings and when they make mistakes that build the prosecution’s case against them because they wait too long to seek legal advice.

An experienced domestic violence defense lawyer knows what you need to do at each stage in the process to increase the likelihood of a successful outcome. Unless you’ve spent the last 30 years of your life in King County courtrooms studying domestic violence cases, you may not know all the opportunities that can be leveraged in your favor.

Get the Strategic Personalized Protection You Deserve from Burke Brown Attorneys, PLLC

There is no substitute for having knowledgeable legal counsel when you’re facing allegations of domestic violence. However, you gain even more when your attorney is committed to a personalized approach that enables you to get answers when you need them and advice to help you move forward.

At Burke Brown Attorneys, PLLC, we are selective in the cases we accept because we want to be available for our clients when they need us. When we work for you, we apply our decades of experience to the unique aspects of your case to find the solutions that are best for you personally. If you have a domestic violence issue you’d like to discuss, we invite you to schedule a consultation to learn more about how we can help protect your rights and your future. To get started, you can call us at 206-933-2414, contact us through our website, or email us at team@burkebrown.com. Just don’t wait until it is too late.