In 2021, Washington state broadly redefined the term “domestic violence” for legal purposes. To be specific, the legal definition changed as it relates to Domestic Violence Protection Orders (DVPO) in our state. It’s important to understand the evolving definition to protect yourself and your loved ones should accusations arise that put you in the crosshairs.
Defining Domestic Violence in Protection Order Proceedings
The new legal definition of domestic violence in Washington is broader than ever before, significantly expanding beyond physical acts of harm. Previously, the focus was mainly on assault and physical injury, but now the scope has widened to include non-violent behaviors that could place someone at risk.
The law defines domestic violence as: “Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking.”
This expanded definition introduces a higher level of subjectivity, particularly with the inclusion of “coercive control” and “unlawful harassment.” These terms bring non-violent actions to the table of domestic violence accusations, increasing the range of behaviors that could result in protective orders that drastically impact the lives of those involved. The change reflects a growing recognition that domestic violence can manifest in ways beyond physical violence, impacting emotional and psychological well-being just as severely.
What is “Coercive Control”?
Coercive control is the most notable addition to the state’s definition of domestic violence in Washington protection order cases. This is a non-violent offense that can lead to serious legal repercussions now that the law has been expanded.
Coercive control refers to a pattern of behavior intended to cause another person physical, emotional, or psychological harm. It also interferes unreasonably with that person’s free will and personal liberty. The courts will evaluate the context and impact of these behaviors to determine whether they constitute unreasonable interference.
The law provides several examples of coercive control, including (but not limited to):
- Intimidation or controlling conduct
- Communications intended to harm someone or their family, friends, pets, or career
- Communications meant to drive someone to attempt suicide or engage in self-harm
- Exertion of control over another person’s identifying documents
- Engaging in sexual coercion
The inclusion of coercive control broadens the legal landscape, recognizing the deep and lasting impact non-violent behaviors can have on victims. However, this change also brings new challenges, as it can be difficult to assess the boundaries of reasonable versus unreasonable interference, leading to potential disputes over what constitutes actual “violent” behavior.
Defend Yourself Against a DVPO in WashingtonEach of these is a serious offense, but the broad expansion of domestic violence puts more people at risk of grave consequences for non-violent acts. There is also a lot of subjective elements of this change that could result in more cases getting pushed over the line than intended. We have concerns about the broad language, but we also understand the need to protect people. This is why we’re fighting back against unnecessary protection orders and helping people protect their freedoms. Contact Burke Brown Attorneys if you’re being targeted unfairly and need a criminal attorney’s perspective to maintain your innocence and ensure a protection order doesn’t expand to criminal charges.
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