Domestic violence in and of itself is not actually a crime. It is a designation that is given to assault, malicious mischief, abuse or many other criminal charges that indicate it was with a family member or domestic partner. Domestic violence charges are very serious charges that can have long ranging consequences. Allegations of domestic violence by a spouse, partner, child or family member are very stressful matters that require a non-judgmental approach. I will make sure the Court hears your side of the story. The stress and isolation experienced during a domestic violence situation require an attorney with a compassionate nature who will advocate strongly for you in Court. I will do that and you will be advised about what is happening every step of the way. Having a solo office gives me the time to devote to my clients, and I will take the time to help you deal with the serious charge of domestic violence.
I also can represent you in matters pertaining to no-contact orders, anti-harassment orders and restraining orders.
IF you are arrested or have a domestic violence protection or no contact order filed, it is very important to contact a lawyer immediately.
You have important rights that need to be protected
What is the process in a domestic violence dispute?
In the state of Washington, if law enforcement is called out on a domestic violence call, generally one individual will go to jail. Law enforcement determines who is the “primary aggressor” and takes that individual to jail. That is the person who will most likely be charge with domestic violence.
If you are charge with domestic violence, you will be held in the jail, without a bail set, until you go before a Judge at which point a bail may be set or you may be released on your own personal recognizance (Allowed to leave without posting a bail). At this point it is important that you find an attorney to guide you through the rest of the process. Each and every action could have dire consequences, so be sure and consult with an attorney before you proceed any further on your case.
Sometimes you will be arraigned when you go before the Judge, or an arraignment may be scheduled. At the arraignment, you will be given a complaint issued by the prosecuting attorney’s office. This details the statutory language of the charge against you. You will be asked to enter a plea, which should always be “Not Guilty” and given a “pre-trial” date to appear again in Court. You may be given conditions of release, meaning things you can or cannot do while the case is pending. You may also receive a no-contact order against you that prohibits you from contacting the alleged “victim” in your case.
***NOTE – It is imperative that you honor this no-contact order. DO NOT have any kind of contact with the alleged “victim”, this could be by mail, phone, text mail, email, in-person or third party contact. To have contact with the victim while your case is pending could only get you in much more trouble with the court. You could be charged with a no-contact order violation for each and every contact. Three of these violations constitute a felony, so it is extremely important that you have no contact with the alleged “victim”.
If you need to contact the alleged “victim” for issues relating to your children, support, finances or any other reason you MUST allow your attorney to have the contact. Communicate any of these needs to your attorney at once.
DO NOT say anything about the facts of your case on the record. Everything and Anything can be used against you in future hearings. Your attorney will submit a “Notice of appearance” and a “demand for discovery” which means your attorney is formally notifying the court that he/she is your attorney and demanding that all materials pertinent to the case be turned over: the police report, 911 call info, any pertinent documents and any no-contact order information.
A “pre-trial” hearing is an opportunity for your attorney and the prosecuting attorney to discuss your case; it is a time to set motions, review any no-contact order provisions and get an offer of resolution from the prosecuting attorney. It is not uncommon to have 3-4 pre trial hearings while the matter is being resolved. If it is necessary, I will take your case to trial to insure that your life gets back on track and any no-contact orders are addressed.
I understand that it is very difficult to have your life disrupted by a domestic violence charge. I am also aware that many domestic violence charges are misunderstandings that got out of control. Most people are upset and distraught when they called the police in these matters, and most people have no idea of the legal situation that will develop when the police are called on a domestic violence incident. And a domestic violence charge can be added to most any other crime. Someone almost always gets arrested and taken away and this can be very distressing; the process can be life changing with restrictions of possession of a firearm, difficulty finding a job and the possibility of losing your job now.
At the Law Offices of Kim E Hunter, I strive to have domestic violence matters resolved quickly so that you and your partner or child may resume your life together.