Criminal Defense
Spokane Domestic Violence Defense Attorney
A domestic violence allegation moves faster than almost any other charge. Within a day of an arrest you can be excluded from your own home, cut off from contact with your children, and ordered to surrender firearms — all before anyone has tested whether the accusation is true.
These cases are also frequently more complicated than the police report suggests. Arguments have two participants and two accounts; officers arriving at a chaotic scene make a judgment call about who to arrest; and allegations sometimes surface for the first time in the middle of a custody dispute.
None of that means the allegation is false. It means the case deserves genuine scrutiny rather than an assumption, and that is what we bring to it.
The no-contact order is the first emergency
At arraignment the court will typically enter a no-contact order. It can bar you from your residence, from contacting the other person by any means, and sometimes from contact with your children. People lose housing and access to their belongings within days, before any finding of guilt.
Violating that order is a separate crime — and this is the trap that catches people: it is still a violation even if the protected person contacts you first, invites you over, or asks you to come home. Consent from the protected person does not modify a court order. Only the court can do that, and we can ask it to.
The alleged victim cannot simply drop the charges
In Washington the decision to prosecute belongs to the prosecutor, not the complaining witness. Cases regularly proceed after the alleged victim recants or asks that they be dismissed, sometimes using 911 recordings, photographs, and officer testimony instead of that person's cooperation. Understanding this early prevents a great deal of false hope — and prevents the well-meaning but seriously damaging attempts to "work it out" directly that produce new charges.
Charges that commonly carry a DV designation
- Assault in the fourth degree — the most frequently charged DV offense
- Felony assault, including allegations involving strangulation
- Harassment and threats
- Malicious mischief, for property damaged during an argument
- Interfering with a domestic violence report
- Violation of a no-contact or protection order
How these cases are defended
Self-defense
Washington permits the lawful use of force to defend yourself. Where self-defense is properly raised, the State bears the burden of disproving it — and the physical evidence of who was injured and how frequently supports the account officers did not credit at the scene.
The wrong person was arrested
Officers responding to mutual conflict must pick a primary aggressor quickly, with limited information. That determination is not evidence, and it is sometimes wrong.
The State cannot prove the elements
Assault requires proof of specific conduct. Where the account is inconsistent, uncorroborated, or contradicted by injuries and timelines, that proof may not exist.
Allegations arising from a family law dispute
Where an accusation appears alongside a custody fight, the timing and the surrounding record matter. We look at what was said in the family law case, and when.
Why a DV conviction follows you
- Loss of firearm rights, including under federal law
- Serious immigration consequences for non-citizens
- Employment and professional licensing problems, particularly in health care, education, and any position requiring a background check
- Direct impact on a parenting plan — domestic violence is a limiting factor a family court must consider
- Housing applications, which routinely screen for these convictions
- Restrictions on where you can live and who you can contact, sometimes for years
What to do right now
- Follow the no-contact order exactly, no matter who initiates contact
- Do not discuss the incident with police without a lawyer
- Do not contact the alleged victim to ask them to recant — that can produce new charges including witness tampering
- Preserve messages, photos, and anything documenting the actual sequence of events
- Arrange for firearms to be surrendered lawfully if ordered, rather than transferred informally
- Write down your account while it is fresh, and give it to your attorney rather than anyone else
Frequently asked questions
Can a domestic violence charge be dropped if the alleged victim doesn't want to pursue it?
Not automatically. In Washington the prosecutor decides whether to proceed, and cases often continue without the alleged victim's cooperation using 911 audio, photographs, and officer testimony.
Can I go home if my partner says it is okay?
No. A no-contact order is a court order, and the protected person cannot waive it. Returning home — even at their invitation — is a new crime. The order has to be changed by the court, which we can ask it to do.
Will I lose my right to own firearms?
A domestic violence conviction, and in many cases a protection order alone, can prohibit firearm possession under state and federal law. This is one of the most common and least anticipated consequences.
How does this affect my custody case?
Significantly. Domestic violence is a limiting factor a family court must consider under Washington's parenting plan statute, and findings can result in restricted or supervised residential time.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.