When faced with a domestic violence protection order in the state of Washington, the legal stakes can be higher than you might initially think. While protection order cases are civil in nature, they often intersect with criminal law in ways that could have serious implications for your future.
The decision to handle a protection order on your own, or even with the help of an attorney who does not have an understanding of criminal law, could inadvertently put you in the crosshairs of a criminal prosecution. This is why it’s crucial to consider the help of a Washington criminal defense attorney when facing a potential protection order.
The Dual Nature of Domestic Violence Protection Orders
Domestic violence protection orders are typically sought when there’s an allegation of criminal assault or similar misconduct. While the primary focus of these orders is to provide immediate relief and protection to the alleged victim, the underlying accusations can also form the basis for criminal charges. In Washington, an assault that leads to a protection order could also result in a criminal case being filed against you. This dual nature of the situation is where the potential for significant legal risk arises.
The Risk of Incriminating Yourself
One of the most critical aspects of responding to a domestic violence protection order is the requirement to submit a sworn written statement. Many individuals, unaware of the potential legal pitfalls, might approach this process with the belief that their statements will only impact the protection order case. In reality, any declarations made in this context can be used as evidence in a criminal prosecution.
For example, if you attempt to downplay the incident or provide explanations that seem innocuous, you might inadvertently make statements that could be interpreted as admissions of guilt. Without the guidance and evaluation by an attorney who understands criminal law, you could be setting yourself up for a criminal charge, even if that wasn’t your original concern in this case.
Relying on the Experience of Washington Criminal Defense Attorneys
Hiring a family law attorney to handle a protection order is a logical step in many cases, especially since these cases often overlap with family disputes. However, family law attorneys typically approach these matters with their expertise regarding the family law aspects of a case, which may not adequately address the potential criminal implications and possibility of self-incrimination. An attorney who knows criminal law, brings a different perspective to the table due to the experience protecting the freedom of their clients from all angles.
They will understand the nuances of how individual statements and actions in a protection order case could evolve into a potential criminal investigation (or contribute to one that’s already underway). Ultimately, you may not be aware that a criminal prosecutor is already reviewing your case and considering charges—just because you haven’t been charged doesn’t mean charges aren’t coming.
An attorney with criminal defense experience will understand the importance of balancing a strong defense with the need to avoid escalating the situation. For instance, aggressively challenging the allegations in a way that suggests the accuser is lying could backfire, prompting them to involve the police and escalate the matter to a criminal level.
Protecting Your Future with Burke Brown Attorneys
In Washington, it’s essential to recognize that a domestic violence protection order is more than just a civil issue. It can have far-reaching consequences that extend into the criminal justice system. Even if the police weren’t initially involved, the situation could still be on a prosecutor’s radar, waiting for the right moment to bring charges.
At Burke Brown Attorneys, we regularly emphasize the importance of a comprehensive legal strategy that considers both the immediate and long-term implications of protection order cases. Our experience in Washington with protection orders and criminal defense allows us to navigate these cases with the foresight needed to protect your rights and your future.If you’re facing a domestic violence protection order in the Seattle area, don’t underestimate the severity of your situation. Contact our team for a consultation to ensure you’re protected even if charges have yet to be filed.
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