One of the most difficult situations people can find themselves in is to be arrested for a domestic violence offense. Domestic violence in Washington is not actually a crime, but a sentencing enhancement that can be charged with any other offense, most commonly assault, sexual assault, or malicious mischief (damaging property). A domestic violence sentencing enhancement can be added to any crime where the victim is a “family or household member,” even if the crime itself does not involve actual violence, such as theft or forgery. A domestic violence conviction can be very disruptive to your life.
A domestic violence conviction can result in jail time and fines. It will also affect your Second Amendment right to possess a firearm, possibly for the rest of your life. For many people, the most disruptive result of a domestic violence charge is the imposition of a no contact order. It is possible that the court will impose a five year no contact order with the alleged victim of your offense, such as your spouse, boyfriend/girlfriend, parent, or child. Once a no contact order is imposed, it can be very difficult to have it removed. During that period, you will be prohibited from having any contact, direct or indirect, with your loved one, even if invited by the other person. Often the no contact order results in other collateral consequences as well, such as the inability to go home or have visitation with their children.
Mr. Weaver is very familiar with the law of domestic violence defense. In one case, his client was charged with domestic violence felony assault and violating a no contact order. The jury found him “not guilty” of the felony assault and the Court of Appeals later threw out the no contact order violation. State v. Marking, 100 Wn.App. 506, 997 P.2d 461 (2000). Mr. Weaver has handled hundreds of domestic violence cases, including scores of jury trials, and is well equipped to handle your case.