Domestic Violence Defense Specialists
Defending Against Accusations of Domestic Violence in Washington
A domestic violence charge can feel like a tidal wave threatening to wash away everything you've worked so hard to build. We know you're scared, confused, and likely feeling alone right now. Whether it's a criminal accusation or a civil matter, the label of domestic violence carries a weight that can impact every aspect of your life.
You have more options than you might think.
The award-winning attorneys at Marshall & Saunders understand the nuances of Washington's domestic violence laws and the defenses that can win. Not to mention, we see you as a person, not a case number.
From the moment you reach out to us, we'll be in your corner, investigating, strategizing, and fighting for your rights. Together, we can address this challenge and work to preserve your relationships, your freedom, and your future.
What Qualifies as Domestic Violence?
Essence of a Domestic Violence Accusation
In Washington, the term "domestic violence" can be applied to a variety of criminal offenses, including assault, trespass, or burglary committed against a family member. The law provides for special procedural remedies, including the immediate issuance of a no-contact order, making it a crime to contact the complaining witness.
The effects of a domestic violence label can continue long after conviction. Vacating a misdemeanor conviction for domestic violence takes five years after completing a sentence. This is to say nothing of the judgment and social stigma that can accompany these charges.
Washington Law on Domestic Violence Protection Orders
In addition to criminal charges, domestic violence can be addressed through civil court procedures in Washington.
If someone claims that you committed an act of domestic violence, they can seek a domestic violence protection order (DVPO). A court must find whether there has been "physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members."
"Family members" is defined broadly and can include unmarried individuals, such as those in a dating relationship. A DVPO can prevent contact with the complaining witness, effectively excluding you from your home. Judges and commissioners have extraordinary power when imposing DVPOs–they can mandate treatment or drug testing, can require you to surrender your firearms, and more.
DVPOs can also be obtained during divorce or child custody proceedings. Regardless of the source, a civil protection order must be registered with the police, and violating one is a crime.
Before a court will issue a protection order against you, other than one valid for only 14 days, the person making the complaint must show by a preponderance of evidence that you committed a violent act or made a violent threat.
Penalties for DVPO Violations
Violating a protection order is considered a gross misdemeanor. Under some circumstances (for example, if the violation is an assault or there are prior violations on record), it can be a felony.
Other Consequences of a DVPO
The ramifications of a domestic violence protection order can be profound. You will be required to surrender any firearms you possess, along with your concealed weapon license. Failure to do so would itself be a crime under both state and federal law.
During dissolution proceedings, a finding of domestic violence can also be the basis for restricting or eliminating contact with children.
There are other possible consequences as well. For example, anyone violating a protection order by returning to their home and speaking to their spouse may be found to have committed burglary (in addition to the crime of violating a protection order), a more serious crime than simple trespass.
Don't Let a Domestic Violence Criminal Charge Upend Your Life
If you've been accused of domestic violence, it's vital to act quickly to protect your rights and reputation. Our skilled attorneys are ready to provide the robust defense you need.
Key Challenges in Defending Against Domestic Violence Criminal Charges
We understand that facing domestic violence charges can feel like the world is against you. Let's break down the hurdles we'll face together:
Overcoming the Presumption of Guilt
From the moment your charges are filed, you might feel like you're presumed guilty — we've seen all too often how prosecutors, judges, and juries can be quick to believe the accuser. But don't lose hope. We're here to tell them who you really are — the whole picture.
Balancing Family Law Issues
Domestic violence allegations often go hand-in-hand with divorce or child custody battles. We understand how these overlapping issues can make your case more complex and raise the stakes. We have a network of family law attorneys that we work closely with. One of the hallmarks of our practice is that we work collaboratively for the best outcome for your entire life — not just your criminal case.
Potential Defenses Against Domestic Violence Charges
In many domestic violence cases, someone is not telling the truth. Diligent investigation often reveals why, and we often craft our defense strategy around that reason. Here are some of the tactics our attorneys have employed successfully in the past:
Demonstrating That the Alleged Victim Is Lying or Exaggerating
The first question that a jury or judge will ask us in a domestic violence case is this: why is the alleged victim lying? There are a lot of possible reasons: money, revenge, child custody, housing, infidelity. Our team will conduct a thorough investigation to provide juries with the evidence they need to see through the accusations.
Scrutinizing Government Conduct
We’ll ensure that the government's actions align with the Constitution and the law. This may involve examining the legality of arrests, searches, and interrogations and upholding your right to confront your accuser.
Challenging Evidence
We’ll review all of the evidence against you, bring in experts to dispute medical or forensic evidence, and challenge the interpretation of the evidence.
Mitigating When the Case Against You Is Overwhelming
If there’s a strong case against you, we can work to soften its impact. For civil cases, we’re prepared to explore alternative conflict resolutions. For criminal cases, we can negotiate with the prosecution for a favorable compromise. If we don’t have a strong defense, our approach is to get you out of a bad situation with as little damage as possible.
Trial Preparation and Representation
If your case goes to trial, our attorneys’ deep experience in investigating and trying domestic violence cases will enable us to provide a robust defense.
Word from a Client We Helped
Wise, experienced, professional and caring.
Those four words are the best way I can describe my impression of David. I had to call David when I was blindsided by some horrible allegations of sexual molestation and domestic violence. David grasped the situation quickly when we first met and saw far more clearly than myself how dangerous these charges could be. His representation has proved invaluable as I continue to fight these charges. On more than one occasion his advice has kept me from a well-intentioned course of action that could have created serious legal trouble for me. When I felt uncomfortable with one legal strategy, because I was concerned it could damage my relationship with my wife, David smoothly shifted gears to an alternate plan. When emergencies arose, he was available at short notice, and even called me one time while he was on vacation. Thank you David for all your help.
Let Us Take On Your Domestic Violence Case
When you're facing accusations of domestic violence, the ripple effect can extend to seemingly every part of your life. You don’t have to sit back and let it happen. Our capable attorneys can guide you through this difficult time and advocate for the best possible outcome in your case.
You'll Be Defended by Skilled Attorneys
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David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
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Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Process for Defending Against Domestic Violence Charges
Having domestic violence charges leveled against you can be stressful, even overwhelming. Here’s how we can help you push back:
Consultation and InvestigationOur empathetic attorneys will listen to your side of the story and immediately begin investigating to gather favorable evidence.
Protecting Your RightsWe’ll challenge protection orders, strive to preserve your custody or visitation rights, and shield you from unfair consequences.
Pretrial NegotiationsWe engage with prosecutors to have charges reduced or dismissed whenever possible.
Trial AdvocacyIf a trial becomes necessary, we’ll present a compelling case for acquittal, highlighting the weaknesses in the prosecution's evidence.
Sentencing MitigationAssuming conviction is unavoidable, we’ll argue for lenient sentencing and alternative penalties focused on treatment and rehabilitation.
Post-Conviction ReliefIf you need help after a conviction, we're skilled in appeals and other avenues to post-conviction relief. This includes petitioning the court to clear your record when the time is ripe.
Why Choose Us as Your Domestic Violence Defense Law Firm?
Choosing the right defense attorney can be the difference between freedom and prison. Here's why Marshall & Saunders is the best choice for shielding you against your domestic violence charges:
- In-depth understanding of Washington’s domestic violence laws
- Extensive experience with both criminal and civil proceedings
- Specialization in domestic violence cases
- Skilled at integrating defense with family law strategy
- Aggressive protection of our clients' constitutional rights
- Multiple lawyers working on your case
- Compassionate, non-judgmental approach
- Long history of dismissals, acquittals, and favorable outcomes
With so much on the line, you can’t afford to work with anyone less than the best. We’ve shown on numerous occasions why we’re a top-tier criminal defense firm in Washington State, and we’re prepared to prove it again.
Get the Strong Defense You Deserve
The sooner you involve a defense attorney in your case, the better your chances of a positive outcome. If you or a loved one is facing domestic violence allegations in Washington, contact Marshall & Saunders today to get a formidable advocate in your corner.
Call us at 206-826-1400 or fill out our convenient online contact form to schedule a confidential consultation.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.