There is no domestic violence in Washington State. In contrast, domestic violence refers to the labeling of other crimes, indicating a family or family relationship between the parties involved. Most jurisprudence enforces a no-contact order, denying that the defenses in domestic violence ["DV"] cases are linked to so-called crime victims. The order also usually prohibits contact with the victim's children, residence and work location.
Family or family relationship
According to RCW 10.99.020[3], the definition of family members or family members is:
[S] spouse, former spouse, person with children, whether they are married or living together at any time, adults associated with blood or marriage, adults who are currently living together or living together, have lived in People aged 60 or over who have lived together or have had a dating relationship in the past, people aged 60 or over have or have had a date with a 16-year-old or senior, and have Those who have a childbearing or legal parent-child relationship, including step-parents and step-childs, as well as grandparents and grandchildren.
As you can see, this definition is very broad. It is more inclusive than most people expect. The same is true for the types of crimes known as "domestic violence". When it comes to domestic violence, most people only think of assaults, but there are many other crimes that can carry DV tags.
Forced arrest
According to RCW 10.31.100[2][c], an official have to Arrested if the person is at least 16 years of age and has raised a family member or family member as specified in RCW 10.99.020 within four hours of the precedent, which the official believes:
[i] a major attack occurred;
[ii] The attack that has occurred has been resolved and the physical injury to the victim has been resolved, regardless of whether the injury can be observed by the responding official; Egypt
[iii] Any actual action has been taken to make another person reasonably concerned about the serious physical injury or death that is about to occur. Physical injury refers to physical pain, illness or physical condition. When the official has a possible reason to believe that family members or family members are attacking each other, the official does not need to arrest the two. The official should arrest the person whom the official considers to be the main physical aggressor. In making this decision, the official will make every effort to consider:
[i] Protecting the intent of victims of domestic violence in accordance with RCW 10.99.010;
[ii] the relative extent of the injury or the serious threat of personal injury; and
[iii] History of domestic violence between the persons involved.
If you are arrested for crimes involving domestic violence, the no-contact order will stop almost immediately.
No contact order
There are two types of unrelated orders in Washington State: pre-trial and post-conviction. Both orders prevent the defender from contacting the victim of the accused. However, neither of these types follows the victim's attempt to contact the defender, because if the order is violated, only the defense will enter the prison. In other words, a non-contact order only limits the behavior that can be defended.
Pre-trial
A pre-trial order is issued against the defender [sometimes called the defendant] before he or she is refused to do anything wrong. These orders can exclude contact between the accused and the accused victim, the victim's children [even if they are also the accused's children], the victim's place of work and the victim's home [even if it is also the complainant's home] .
In other words, these commands may force you away from your family and children, even before you are convicted of a crime. Even if the victim says that nothing has happened, or that anything that does happen is disproportionate.
The pre-trial order has been in existence until the criminal case is resolved or the judge releases it.
After conviction
A non-contact order issued after conviction may have the same type of restriction as the pre-qualification order. Orders are usually valid for one year after conviction, but the judge can extend if the judge believes that the facts are needed.
Civil standby
Since no contact order can prevent you from going to your home, the court will usually allow you to go home once to get clothes and some personal belongings. However, you must be accompanied by law enforcement officers. This process is called "civilian standby." You must contact the law enforcement agency and schedule a civil standby time. But please note that for most law enforcement agencies, this is a low priority action, so civil standby will only be completed when they have spare time.
Violation of no contact order
Deliberate violation of a non-contact order is a serious misconduct; this means you can get a year-long fine and a $5,000 fine in prison. Since the violation of domestic violence is not known as domestic violence, the right to own or possess a firearm will be confiscated upon conviction - even if it is not used, owned, mentioned or used in any other way or considered for use. This is true even in cases where the emphasis on criminal cases issued by the non-contact order is rejected.
In public places, even courts, you cannot violate orders. This means that if you place an order and you see a protected person at the grocery store, you must leave. Inadvertent contact may not technically violate the order, but you may have to defend yourself before the judge. In addition to the stress involved, you may also need to spend more money to hire a lawyer.
Even if the victim invites a contact, the respondent may face a time of imprisonment if the order is violated. In my case, I often see the following scenarios:
Two people have a relationship. The incident happened and the police were summoned. Because of the sensitivity of everyone to "domestic violence," the police made a mistake when they accused someone. Then, the contactless order will be in trouble, preferring two people to contact each other. It may also make one of them accidentally homeless - but this is a different issue. People, as people, want to solve problems, the victim's victim contacted the defendant and said, "I am sorry that all of this will come." Going home, I will be worth your time. "Of course, the problem is that the defense will make the so-called victims accept the offer. In general, the happy couple go out to celebrate their re-ignition relationship just to pull "slow walking" or other minor traffic violations on the parking sign. So legal issues will multiply shortly thereafter. Then they are stopped by the police. When the officials manage the households, the information, skipping the no-contact order, then the accused is arrested and then taken to jail, he is now facing additional Allegations.
Delete order
Once in place, it is difficult to delete pre-audit unconnected orders. Most judges keep the order in place even if the victim comes in and proves that no order is required before the judge.
One strategy is to conduct defensive assessments by domestic violence treatment agencies. If the counselor is willing to tell the judge that if the order is removed and the defensive measures do not pose a danger to the victim, the judge can cancel the order. The treatment facility may wish to have the defender attend classes before agreeing to make a recommendation to the judge.
Another strategy is to ask the court to amend the No C0ontact order to allow marriage counseling. Some judges will require permission to be contacted only under the supervision of a third party of the treatment facility.
Once a contactless order has been modified to allow for conditional contact, the judge is more likely to delete the order later if a new issue arises.
Victim rights
Most prosecutors ' offices have advocates of domestic violence. It is this person's job to help victims of domestic violence vows understand what services they can get and help them keep track of the situation as the court process moves.
I have seen many cases where the victim does not want the no-contact order to take effect. Sometimes it can be helped by victim advocates.
Most courts have a form that the defendant can fill out, asking the judge to revoke the no-contact order. In my experience, most judges maintain orders even after the victim asks to revoke the order. Even if the order still exists, it is still valuable to have the victim ask to remove it, as it may be useful for trying to delete the order later.
Gun rights
The conviction of a crime claims that domestic violence will result in you losing the right to own or possess a firearm. This is a life ban.
example
In one of my cases, the husband was arrested for allegations of domestic violence when he broke a bowl into the kitchen sink and shredded it during the quarrel. A neighbor called the police inadvertently heard this statement. The police arrived, and when they saw the sink, they found the broken cockroaches and arrested the husband's domestic violence malicious mischief. No one accused the husband of being jealous on his wife or even nearby. Since Washington is a community property state, both husband and wife have ownership of the bowl, so by shredding his bowl, the married damaged property belongs to another [ie his wife], and...
Orignal From: Domestic violence has no contact order in Washington State
No comments:
Post a Comment