{"id":986,"date":"2021-11-08T10:42:38","date_gmt":"2021-11-08T15:42:38","guid":{"rendered":"https:\/\/burkebrown.com\/?page_id=986"},"modified":"2021-11-16T16:40:46","modified_gmt":"2021-11-16T21:40:46","slug":"domestic-violence","status":"publish","type":"page","link":"https:\/\/burkebrown.com\/domestic-violence\/","title":{"rendered":"Domestic Violence"},"content":{"rendered":"\n

Confronting a System That\u2019s Often Unfair for the Accused<\/strong><\/p>\n\n\n\n

The current domestic violence justice system is fast, confusing and often unfair. All it takes is for a 911 call to be made and the system kicks in with mandatory arrests, no bail jail holds, no contact orders and mandatory court hearings.<\/p>\n\n\n\n

No corroboration is required.  The law also does not require corroboration in the form of injury, eyewitnesses or even the consent and support of the alleged victim. Rarely, if ever, is there an investigation into the innocence of the accused person.<\/p>\n\n\n\n

What is Domestic Violence?<\/strong><\/p>\n\n\n\n

There are four degrees of assault in Washington\u2019s criminal code.  Assault in the first degree, assault in the second degree, Assault in the third degree, and Assault in the fourth degree.<\/p>\n\n\n\n

The lowest level of assault is Assault in the fourth degree. Assault in the fourth degree is a gross misdemeanor. The other degrees of assault are felonies.  Assault in the fourth degree domestic violence is also often referred to as \u201cmisdemeanor assault\u201d or \u201cAssault DV.\u201d<\/p>\n\n\n\n

Assault in the fourth degree is defined by statute: \u201cA person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third-degree, or custodial assault, he or she assaults another.\u201d<\/p>\n\n\n\n

Very generally, assaults in the first, second and third-degree usually involve some injury, a weapon or other serious use of force.  4th degree Assault does not require injury.<\/p>\n\n\n\n

What is the Domestic Violence Label All About?<\/strong><\/p>\n\n\n\n

The relationship between the defendant and the alleged victim can convert a crime into a domestic violence offense. If the defendant and the alleged victim are \u201cfamily or household members\u201d or \u201cintimate partners\u201d, the charge is classified as a domestic violence offense.<\/p>\n\n\n\n

\u201cFamily or household members\u201d are: (a) Adult persons related by blood or marriage; (b) adult persons who are presently residing together or have resided together in the past; and (c) persons who have biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.\u201d<\/p>\n\n\n\n

\u201cIntimate partner\u201d means: (a) Spouses, or domestic partners; (b) former spouses, or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time; (d) adult persons presently or previously residing together or who have resided together in the past and who have or have had a dating relationship; and (f) persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.<\/p>\n\n\n\n

A domestic violence conviction can result in several possible unique outcomes:<\/p>\n\n\n\n