Domestic Violence in Washington State: Definitions, Charges, and Penalties

A domestic violence accusation can change your life quickly. It can affect your sleep, your work, and your sense of stability. 

At Burke Brown Attorneys, PLLC, we bring many years of combined experience to serious cases in Washington courts and we still treat every client like an individual person. 

Our team focuses on careful case-building, steady communication, and personal attention.  In this guide, we explain how Washington defines domestic violence, the charges you could face, and the possible penalties that may follow. 

What Constitutes Domestic Violence Under Washington Law?

Washington uses broad civil and criminal laws to address violence or threats inside close relationships. RCW 7.105.010 sets the stage for who counts as a family or household member, and what conduct is covered.

The Broad Scope of Domestic Relationships

Domestic violence covers more than spouses. Under RCW 7.105.010, the law reaches a wide range of personal ties.

• Current or former spouses or domestic partners
• People who have a child in common, regardless of marriage or cohabitation
• Past or present dating partners
• Adults or minors who live together now, or lived together in the past
• Extended family members, in some situations covered by the statute

The relationship label matters, since it changes how police respond and how courts handle pretrial orders and sentencing.

Beyond who the people are, the law focuses on what happened. The list of qualifying conduct is longer than most expect.

Types of Abuse and Misconduct

Domestic violence includes causing physical harm, bodily injury, or assault. Placing someone in fear of imminent physical harm also fits, even if no injury occurs.

• Nonconsensual sexual conduct or contact
• Stalking and cyberstalking
• Unlawful harassment and intimidation
• Coercive control, such as isolating a partner, controlling finances, or monitoring movements
• Interference with liberty, including threats that limit a person’s freedom

Courts look at the pattern, not only one moment, which may affect how a case is charged and handled.

Common Domestic Violence Charges

Charges range from misdemeanors to Class A felonies. The “DV” tag does not create a new crime; it flags the case for special rules and possible penalties.

Misdemeanors and Gross Misdemeanors

Assault in the 4th Degree, often called Assault 4, is one of the most common DV charges. No visible injury is required for an arrest, and unwanted touching or a quick shove can be enough under the law.

Other non-felony DV cases often include Malicious Mischief in the 3rd Degree, such as damaging a phone or putting a hole in a wall, and Interfering with Reporting a Crime. Many violation of order cases also start as gross misdemeanors.

Here are typical non-felony allegations we see in Washington courts:

1. Assault 4 DV, any harmful or offensive touching, or placing someone in fear of injury.
2. Malicious Mischief 3rd Degree, destroying or damaging property under the felony threshold.
3. Interfering with Reporting, stopping or trying to stop a 911 call.

Each of these can bring probation, treatment, and no-contact orders, even on a first case.

Felony exposure raises the stakes. Some acts, or a prior record, may lead to higher-level charges with possible prison ranges.

Felony Domestic Violence Offenses

Assault 1, 2, and 3 are felony assault charges with different levels of severity. Prosecutors often point to serious injury, strangulation or choking, or the use of a firearm or other deadly weapon as aggravators.

Assault 2 covers a wide middle ground, including substantial bodily harm or choking. Assault 1 involves intent to inflict great bodily harm, sometimes linked to firearms or extreme injuries.

Violating a No-Contact Order can also jump to a felony if the person has two or more prior convictions for violating orders. An assault during the violation can also trigger a felony charge, bringing much harsher sentencing ranges.

The Arrest Process and Pretrial Conditions

After a  911 call, DV cases can move quickly. What happens in the first day or two often shapes the next several months.

Mandatory Arrest Laws (RCW 10.31.100)

Under RCW 10.31.100, officers must arrest in certain domestic violence situations when the statutory requirements are met. The “primary aggressor” rule guides who gets arrested when both people have injuries or claims.

The alleged victim cannot drop the case at the scene. The state takes over, and prosecutors decide what to file.

After arrest, the first court appearance comes quickly. Conditions often start that day and can be strict.

Pretrial Incarceration and No-Contact Orders

At the first appearance, judges often issue a No-Contact Order that bars phone calls, texts, and in-person contact. Even if both people want contact, the order controls until a court changes it.

Courts commonly require surrender of all firearms and concealed pistol licenses. Bail, electronic home monitoring, or both can apply while the case moves forward.

Potential Penalties and Long-Term Consequences

Sentences depend on the level of the charge, any prior history, and facts in the police reports. The DV tag also brings unique conditions that linger far beyond any jail time.

Jail Time and Fines

Simple misdemeanors carry up to 90 days in jail and a $1,000 fine. Gross misdemeanors carry up to 364 days in jail and a $5,000 fine.

Felonies use Washington State Sentencing Guidelines. Class C felonies can bring up to 5 years and a $10,000 fine, Class B up to 10 years and a $20,000 fine, and Class A up to life in prison and a $50,000 fine.

Table: Washington Domestic Violence Charge Levels and Statutory Maximums

Offense Level	Common DV Examples	Max Jail	Max Fine	Notes
Misdemeanor	Criminal Trespass 2nd Degree, certain city code DV offenses	90 days	$1,000	Less common in DV than gross misdemeanors
Gross Misdemeanor	Assault 4 DV, Malicious Mischief 3rd Degree, Interfering with Reporting, Violation of NCO	364 days	$5,000	Often includes long probation and treatment
Class C Felony	Assault 3, Felony Violation of NCO with priors	5 years	$10,000	Sentencing range depends on score and facts
Class B Felony	Assault 2, substantial bodily harm or choking	10 years	$20,000	Often higher ranges if weapons are involved
Class A Felony	Assault 1, intent to inflict great bodily harm	Life	$50,000	The most severe class of felony

These are statutory maximums. Actual sentences depend on the grid, offender score, and any enhancements tied to the case.

Collateral Consequences and Court-Ordered Treatment

DV convictions can trigger a loss of gun rights under state and federal law. Courts can impose probation in non-felony DV cases, and any violation can lead to sanctions.

People often face hurdles with housing, licensing, and jobs after a DV case. Background checks may show DV conviction, and the impact can last for years.

Judges frequently order evaluations and classes as part of sentencing. That can include a domestic violence batterer’s treatment program, substance use assessment, and parenting or anger management courses when the facts call for it.

Protect Your Future with Burke Brown Attorneys, PLLC

We defend clients with creative, unconventional methods backed by years in tough Washington courtrooms. Our team has earned respect from judges and prosecutors, and we handle every step with steady attention to your goals.

Fees are transparent and mindful of real budgets. We keep you informed, reduce stress where we can, and work hard for the strongest result the law allows.

If you or a loved one is under investigation or charged, prompt action can protect your rights and future.  Contact us by calling 206-933-2414 or visiting our contact page to start a confidential conversation.