Domestic Violence Attorney

Domestic Violence Attorney - Kirkland & LynnwoodWhen somebody calls 911 and the police are sent to investigate a domestic abuse call, they are required by law to arrest one of the parties. In most circumstances, those are spouses or intimate partners. Typically this leads to the filing of criminal charges for domestic violence (e.g., Assault 4th Degree DV), and the imposition of a DV no contact order.

DV Protection Orders or DV crimes = Loss of Gun Rights

If you are served with a DV protection order in Washington, you will also lose your constitutional right to keep and bear arms while your case is pending, and ordered to surrender your firearms. It is critical to consult an experienced lawyer right away to discuss your options and your defense strategy.

If you are convicted of a crime of domestic violence in Washington, your right to possess firearms will be taken away for several years. Getting them back (restoring your rights) is not automatic. It will require you to have timely completed everything the judge/probation ordered you to do (jail time, evaluations, treatment, classes, community service, payment of restitution, fines, fees and court costs). It will require an eligibility assessment and the filing of a Petition To Restore The Right To Possess Firearms in the county Superior Court.

Domestic Violence Consequences

Potential consequences can vary depending on whether your case involves spousal abuse, child abuse, stalking, harassment, threats of violence or other abusive conduct, whether weapons were present or used, etc.

  • Fines
  • Jail time or Prison Sentence
  • No-contact orders
  • No Contact/Anti-Harassment/Protection Orders
  • Revocation of your gun rights
  • Confiscation of firearms and other deadly weapons
  • Probation
  • Other penalties

You could also face employment consequences, as well as damage to your reputation and considerable interference with your family life.

When we talk, I will want to know what the government’s case against you looks like (what they will say that you allegedly did). Be prepared to tell me what your goals are in hiring me, and your immediate and longer-term concerns regarding the charges.

If you have been arrested and taken into custody, consider staying in jail for a full 24-hours before bailing out. I say this because, if you end up getting convicted and (for example) sentenced to one day in jail, but you were only in custody for 18 hours when you were arrested, you will still have to serve a full 24-hour jail sentence. Washington jails typically only give credit for full 24-hour periods (i.e., the previous 18 hours is wasted). Furthermore, when negotiating with the prosecutor, it is often helpful to be able to tell them that you have already done one or two days in jail at the beginning of all this, and you don’t need to go back for more.

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