Violence in the family & # 39; and Washington NO

In Washington, there is no crime of domestic violence. Rather, domestic violence – a label that rests on other crimes that indicate the presence of family or household relations between the parties. In most jurisdictions, the order is entered on contacts prohibiting involved in the case of domestic violence & # 39; and ( "DV") in contact with the alleged victim of a crime. The order often prohibited from contact with the victim's children, place of residence and place of work.

Family or domestic relations

According to RCW 10.99.020 (3), family members & # 39; and or households are defined as:

(S) purses, former spouses, persons having a common child, regardless of whether they were married or lived together at any time, adult persons related by blood or marriage, adult persons who are currently living together or living together in the past, those who have reached sixteen years of age and older who are currently living together or living together in the past and who have or have had a love, a person sixteen years of age or older with whom a person sixteen years of age or older They have ever been in relation to love, and a Soba, who have a biological or legal relationship between parents and children, including aychyha and aychyha, as well as industry and grandparents and grandchildren.

As you can see, this definition is extremely broad. It is much more complicated than what most people expect it. The same applies to types of crimes that are given "violence in the family & # 39; and". Most people think about the attack, when it comes to violence in the family & # 39; and yet there are many other crimes that could carry DV mark.

mandatory arrest

According RCW 10.31.100 (2) (c), the officer should make arrest if: The person sixteen years of age and older, and for the last four hours of the attacks on members of the family & # 39; and or households, as defined in RCW 10.99.020, and the officer said:

(I) took a hard attack;

(Ii) was attacked, which led to the injured bodily injury, whether the injury can be seen staff body response or not; or

(Iii) any physical actions that were intended to cause the other person, it is reasonable fear of serious bodily injury or death. Bodily injury means physical pain, illness, or physical impairments. If the officer has probable cause to believe that the family members & # 39; and the household or attacked each other, the officer is not obliged to arrest the two individuals. The officer arrests the man whom the officer believes the primary physical aggressor. When making this decision, the officer shall make every reasonable effort to accommodate:

(I) intended to protect the victims of domestic violence in accordance with RCW 10.99.010;

(Ii) comparative degree of injury or sur & # 39; oznyh threats that create fear of physical trauma; and

(Iii) the history of violence in the family & # 39; and between the persons involved.

If you are arrested for a crime related to domestic violence & # 39; and order of the contacts are not vrezaetstsa almost immediately.

no contact

In Washington State, there are two types of orders for contact: pre-trial and after conviction. Both types order to prevent contact with the intended defendant victim. However, none of the species does not interfere with the victim to try to contact with the defendant, as in the case when the order is broken, only the defendant goes to prison. In other words, the orders of the contact is not limited only to the respondent's behavior.

pre-trial process

Preliminary proceedings shall be made against the accused (sometimes referred to as the defendant) before he will be condemned for what he had done something bad. These orders can avoid contact between the defendant and the alleged victim of a crime, the victim's children (even if they are children of the defendant), the victim's place of work and the home of the victim (even if it is also the home of the defendant).

In other words, these orders can get you to leave the house and your children, even before you are convicted of a crime. This is true even if the person says that nothing has happened or that whatever happens, everything exploded.

The pre-trial decisions remain in force until it is resolved or until the criminal case the judge does not cancel it.

after conviction

The order of contacts, issued after a conviction, can have the same types of restrictions that the previous trial. Orders after the conviction is usually good for a year, but the judge may extend that if he or she feels that the facts warrant.

Civil standby

Since the no-contact order may prevent you to go to your home, the courts usually allow you to get home to clothing and a few personal belongings. However, you must be accompanied by a law enforcement officer. This process is called "civil standby". You should contact the law enforcement authorities and schedule a time for a civil standby. However, it should be remembered that for the majority of law enforcement officials is an action with a low priority, so civil expectation will be fulfilled only when they will have free time.

Violation of the no-contact order

Deliberate violation of an order of the contacts – it is a gross violation; This means that you can get up to a year of imprisonment and a $ 5,000 fine. Since the violation of domestic violence provided by the order of the contacts referred to the crime of domestic violence, your rights of ownership or possession of firearms will be deprived of a criminal record – even if the gun is not used, possessed, is not mentioned, nor any other way is not used and does not provide. This is true even if the criminal case, which has caused the publication of the Order of the contacts closed.

Being in a public place, even in the courthouse, not from the & # 39 is protected against violation of the order. This means that if the order issued against you, and you see the security man at the grocery store, you have to leave. Unintentional contact can not technically violate the order, but you may have to go before a judge to defend himself. In addition to stress, you may have to spend more money to hire a lawyer.

Even if the person inviting the contact, the respondent could face a prison sentence in the event of a breach of the order. What I see most often in my case, is the following scenario:

Two people are irrelevant. Something happens and call the police. Due to the sensitivity of each "domestic violence & # 39; and" the police is wrong to blame someone. Then the order of the contact NOT vrezaetstsa, avoid contact of two people. It can make one of them suddenly homeless – but it is quite another matter. People being people, they want to start a problem, and the alleged victim is drawn to the defendant and said something to the result: "I'm sorry that all this is happening Come home and I'll make it worth your time.." The problem, of course, is the defendant takes the alleged victim on offer. As a rule, the legal problems are exacerbated for the defendant shortly afterwards, as the happy couple out to celebrate their mutual relations only in order to get the "slow and go" on the punctuation mark – or some other minor traffic violation. Then they were stopped by the police. If the officer manages information about passengers, up jumps the order of contacts, and the defendant is arrested, and then sent to prison, where he is now subject to a surcharge.

Order removal

It is very difficult to remove the previous order of the trial without contact after it is installed. Even if the victim comes and testifies before the judge that the order is not necessary, most judges will leave the order on the spot.

One of the strategies & # 39 is to assess the defendant agency to combat violence in the family & # 39; and. If an advisor is ready to tell the judge that the defendant will not be a danger to the victim, if the order is lifted, the judge may cancel the order. Agency on return may try to transfer the defendant to class before agreeing to make a recommendation to the judge.

Another strategy – to ask the court to change the order № C0ontact, to allow the marriage counseling. Some judges require that the contact was permitted only under the supervision of a third party by the medical establishment.

After contacts order was changed to allow a conditional contact, the referee is more likely to remove the order later, when there was not a new problem.

the rights of the victim

Most prosecutors have a lawyer of domestic violence. The task of this person – to help victims of the offense in the family & # 39; and understand what services are available to them, and help them to inform them when the trial.

I have seen many cases where the victim does not wish to act on the contact order. The experience affected lawyer can sometimes be useful.

Most courts have a form which the alleged victim can fill in, demanding that the judge refused Decision of contacts. In my experience, most judges will maintain order even after the victim requests it to reset. Despite the fact that the order remains in place, the victim requires its removal is still valuable because it can be useful when trying to remove the following orders.

gun rights

Conviction for an offense with an indication of domestic violence will make you lose the right to own or have weapons. This is a lifetime ban.

example

In one of my cases the husband was arrested for charges of domestic violence, when during an argument he threw a bowl in the kitchen sink, opened it. The argument was overheard neighbor who called the police. The police came, and looked into the sink, they found skolavanuyu dishes and arrested her husband for domestic violence. There have been no allegations that her husband threw his wife a bowl or even close. Since Washington & # 39 is a state property of the community, both husband and wife owned the interest of the owner of the bowl, and therefore reflect his bowl, my husband damaged property belonging to another (ie his wife), and thus way responsible for malicious mischief. Without lawyers husband (who had no previous criminal history) pleaded guilty at dismissal. He was given a prescription for one year does not communicate, which prevented him to go home for a year or to chat with his wife.

If the husband turned to a lawyer before pleading guilty, he may not have a criminal record at all. Even if there was a conviction, a lawyer could help him avoid such a long contact orders.

Copyright (c) 2007 The Cahoon Law Office – All rights reserved.

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