Under Washington law, some crimes may be designated as crimes of domestic violence if the State can produce sufficient evidence that the offense meets the criteria set forth under the law. If the State cannot prove each element of a domestic violence crime, a domestic violence designation may be stricken

Self Defense

When you’re facing a criminal domestic violence charge, there are many things that may go into your defense. If you took physical action because you reasonably feared for your safety and used only as much force as necessary, you may have a valid defense of self-defense.

Evidence of Prior Convictions for Domestic Violence

Thus, if a person found guilty of violating such an order has prior domestic violence convictions, it may result in an increased offender score, which in turn can lead to greater penalties. The state must offer sufficient evidence to prove a prior conviction was for a crime of domestic violence in order to justify an increased offender score

Evidence of Prior Bad Acts

In Washington criminal matters, evidence of prior bad acts and crimes is typically considered inadmissible due to concerns about prejudice. In other words, the State cannot point to previous behavior in an effort to convince a jury that a defendant acted similarly on the date of an alleged crime. However, the state recognizes exceptions to this general rule and allows the introduction of such evidence for specific and limited purposes. One recognized exception is when the evidence is deemed “inextricably intertwined” with the underlying crime.

Example 1: Challenging Evidence of Prior Bad Acts

A relevant example involves a recent ruling in Washington court in which it ultimately denied the defendant’s motion in limine to preclude evidence of domestic violence.

It is reported that the federal government charged the defendant with conspiracy to engage in cyberstalking and multiple counts of cyberstalking. Prior to trial, the defendant moved to preclude the government from introducing testimony from the defendant’s former spouse about alleged domestic violence. In support of his motion, the defendant contended that testimony on domestic violence lacked a temporal connection to stalking and should be excluded.

Evidence of Domestic Violence in Criminal Cases

The court denied the defendant’s motion to preclude the testimony of his former spouse. In doing so,  the court rejected the defendant’s argument that such testimony lacked a temporal connection to and was not “inextricably intertwined” with the cyberstalking charges.

The court referred to two categories of cases where evidence is considered “inextricably intertwined.” One such category involves evidence used to allow the prosecutor to set forth a complete and understandable story regarding the commission of a crime. Here, the court found that the potential commission of domestic violence by the defendant was indeed inextricably intertwined with the cyberstalking charges.

First, the domestic violence had a temporal connection to the cyberstalking case, as it was alleged to have occurred throughout the defendant’s stalking campaign. Secondly, the court noted a causal connection, suggesting that the former spouse’s testimony might reveal that the defendant’s abuse was one reason for her involvement in the crimes he was charged with. The court concluded that testimonial evidence of domestic violence would have a contextual and substantive connection to the alleged cyberstalking crime and ruled it could be admitted into evidence.

The defendant also sought to admit statements made by federal government attorneys and law enforcement agents. The court acknowledged that federal government attorneys could be considered party opponents, and their statements might be admissible under the Federal Rules of Evidence and granted the defendant’s motion. The court refused to extend this rule to federal and state law enforcement agents, however, citing the inability to bind the sovereign and principles of sovereign immunity.

Example 2: Trial Court Improperly Limited Evidence of Self-Defense

In a recent case from Tacoma, the Washington Court of Appeals threw out a conviction because the trial court’s refusal to allow the accused man to testify about two previous attacks, in which he was the victim and his alleged victim was the attacker, improperly limited the man’s constitutional right to put on a defense.

In this case, Tacoma police officers, responding to witness claims that a man was striking a woman with his knee, found the woman, Lisa Miles, with several injuries to her face. The man, Kenneth Driscoll, told officers he acted in self-defense.

The prosecution charged Driscoll with fourth-degree assault — domestic violence. At his trial, Driscoll tried to bring out evidence of three previous incidents in which Miles attacked him, with the intention that these incidents would strengthen his defense of self-defense. One event, which triggered a police response, involved Miles allegedly attempting to stab Driscoll with scissors. In two other incidents, Miles allegedly attacked Driscoll, once with a rock and once with a meat cleaver.

The trial court let the man use the scissors incident, since an official record of the incident existed, but it refused to allow him to use the other two alleged attacks. Ultimately, despite the man’s testimony regarding the scissors attack and his claim that he only kneed Miles after she “cold-cocked” him at the bus shelter, the jury found Driscoll guilty.

The man appealed, arguing that, when the trial court refused to allow him to testify about the rock and meat cleaver incidents, it denied him his constitutional right to mount a full defense. The appeals court agreed and reversed his conviction. In any case in which the accused person uses self-defense as a defense, Washington law requires that person to prove that he had “a subjective fear of imminent danger of bodily harm,” that this fear “was objectively reasonable,” and that he used “no more force than was reasonably necessary.” Incidents like the alleged rock and cleaver attacks were definitely relevant to Driscoll’s case, since they had the potential to show that he had a legitimate reason to fear Miles. Having evidence that Miles attacked him three times, not just one time, could possibly bolster Driscoll’s case that he subjectively feared Miles and had an objective basis for doing so.

The appeals court also rejected the trial court’s conclusion that the cleaver and rock incidents lacked sufficient accuracy and credibility to be admissible as evidence because the evidence, in the form of Driscoll’s testimony, had nothing to corroborate it. This lack of corroboration did not make the testimony inadmissible at trial. The lack of corroborating proof, while it would reduce the persuasive weight the testimony would carry, did not bar its admissibility.

Example 3: The State Fails to Provide Evidence that the Defendant and Victim Were Not Family Members

In a recent Washington appellate case, the state failed to meet the burden of proof in a domestic violence case.

It is alleged that the victim received a phone call from an unidentified number. The victim recognized the caller as the defendant, even though the defendant did not identify himself. The caller stated that he was glad that the victim had a brain tumor and that he hoped the victim would die, and used profanity. The caller also called the victim offensive names.

Reportedly, the victim had a restraining order against the defendant at the time of the call. The victim called the police to report that the defendant had violated the restraining order and harassed the victim via telephone. The defendant was charged with violating the restraining order and telephone harassment, both of which were designated crimes of domestic violence. A jury convicted the defendant of both offenses. The defendant appealed on several grounds, including that the State failed to produce sufficient evidence that the crimes were acts of domestic violence.

Sufficiency of Evidence of Domestic Violence

Under Washington law, a misdemeanor conviction for an offense designated as a crime of domestic violence may count against the defendant’s offender score in a later sentencing for another domestic violence crime. A crime will not be considered a crime of domestic violence, however, unless it is committed against a member of the defendant’s family or household.

In Washington, spouses and former spouses, people related by marriage or blood, and people who have a child together are considered members of the same family or household. Additionally, people who have lived together in the past or currently live together, people in a dating relationship, and people with a parent-child relationship are considered family or household members as well.

In the subject case, the defendant and victim were not household or family members pursuant to the definition set forth under Washington law. Further, the State did not produce any evidence that the victim and the defendant were ever members of the same family or household. Thus, the court held that the State did not produce sufficient evidence to prove that the defendant committed crimes of domestic violence and struck the designation from the defendant’s convictions.

Example 4: Another Case Involving Evidence of Prior Wrongdoings

The grounds for admitting evidence of prior acts of domestic violence was the topic of a recent Washington opinion, in a matter involving a felony violation of a no-contact order. If you are accused of a domestic violence offense, it is advisable to speak to a capable Washington domestic violence defense attorney about your rights.

It is reported that the defendant and the victim became romantically involved when they were co-workers. At some point, a no-contact order was entered, preventing the two from associating with each other. Regardless, they saw each other at a party for their former employer. Later that evening, the victim sent a friend messages indicating she had been assaulted by the defendant. The friend went to the victim’s house and observed marks on her leg and face. He then heard someone in the garage and hid in the bathroom, and called 911.

Allegedly, during the 911 call, the defendant could be heard engaging in an altercation with the victim. The police arrived and arrested the defendant, who was charged with felony violation of a no-contact order. He was convicted, after which he appealed, arguing in part that the trial court erred in admitting evidence of prior acts of domestic violence at his trial.

Evidence of Prior Wrongs in Domestic Violence Cases

The Washington rules of evidence prohibit the admission of evidence of previous bad behavior for the purpose of establishing a person’s character and proving that the person’s acts align with that character. Such evidence may be admitted for other reasons, though, as long as it is relevant, and its probative value does not outweigh the risk of prejudice.

The court explained that Washington courts repeatedly admitted previous acts of domestic violence to help a jury assess the credibility of a victim that retracts allegations of harm or makes inconsistent statements. In the subject case, the court noted that the victim stated at trial that she was not assaulted by the defendant and merely stated that she was because she was drunk and wanted attention. Thus, the court found that the evidence of the defendant’s prior acts of domestic violence fell within the exception and affirmed his guilty verdict.

Example 4: Challenging Evidence of Prior Domestic Violence Convictions

In a recent Washington opinion. If you are accused of committing a crime of domestic violence, it is wise to contact a Tacoma domestic violence defense attorney to discuss your options for protecting your rights.

It is reported that the defendant was charged with and found guilty of violating a domestic violence no-contact order, which was graded as a felony. The trial court sentenced him to 33 months of confinement based on an offender score of five, which included a 2012 conviction for misdemeanor assault, domestic violence. The defendant appealed his judgment and sentence, arguing that the 2012 conviction should not have been included in his offender score as the state had failed to show that domestic violence had been pleaded and proved.

Allegedly, the trial court agreed with the defendant’s argument and remanded the case for resentencing. At the resentencing hearing, the state produced evidence showing that the 2012 conviction qualified for inclusion in the defendant’s offender score based on domestic violence being both pleaded and proved. As such, the trial court reinstated the defendant’s 33-month sentence, and he appealed again.

Evidence of Crimes of Domestic Violence

On appeal, the defendant argued that the evidence produced at the resentencing hearing was insufficient to establish that the 2012 conviction qualified for inclusion in his offender score on the basis of domestic violence being pleaded and proved. The court reviewed this issue de novo and determined that domestic violence was adequately pleaded in the 2012 citation, which referenced a general assault provision but specified the defendant’s offense as “DV,” meaning domestic violence. The certificate of probable cause also detailed the defendant’s offense of hitting his live-in girlfriend in the face, causing bruising, which was sufficient to allege an assault against an intimate partner.

Therefore, the court held that the state had produced sufficient evidence to show that the 2012 citation pleaded a domestic violence offense and that domestic violence was proved. As a result, the sentencing court properly included the 2012 conviction in the defendant’s offender score and affirmed the judgment and sentence.

Meet with an Experienced Domestic Violence Attorney

The State bears the burden of proving each of the elements of a crime of domestic violence to obtain a conviction.  If you are a Washington resident charged with a crime of domestic violence, it is important to meet with a knowledgeable Washington domestic violence defense attorney regarding your rights and available defenses.  The dedicated criminal defense attorneys of The Law Offices of Smith & White will zealously pursue a favorable outcome on your behalf. You can contact us through our form online or at (253) 203-1645 to set up a conference.

RCW 9.92.020 Punishment of gross misdemeanor when not fixed by statute.

Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

So the worst you can get is almost a year in jail and $5000 fine which, as any experienced lawyer will tell you that unless you have a bad record, is not likely to happen. But wait, there’s more!

Padilla v. Kentucky and State V. Sandoval hold that a competent attorney must advise his/her client about “collateral consequences.” “Collateral Consequences” means everything from a potential employer will see your criminal record to immigration may deport you over the offense to Canada will not let you cross the border with certain convictions. Now there are all kinds of things that can affect you because of that pesky petty offense. Are you feeling the need to hire your own lawyer yet?

Considering all of this, it may be worth it to spend thousands of dollars on your own lawyer to defend against the theft of the little $5 item. Because the long-term, even life-long, ramifications of a conviction to your employment and housing can be devastating. Do not compound your small bad decision with a big one. Hire The Law Offices of Smith & White, PLLC, to get your case dismissed.

Although the alleged victim may have been the one to report the defendant to law enforcement, leading to domestic violence-related charges. However, decisions about whether to continue the case are usually out of their hands.

The prosecution chooses whether to proceed or drop charges, not the victim.  Alternatively, the court may dismiss charges if there is no basis for them. Complaining witnesses can influence whether prosecutors drop charges; however, failing to cooperate or testify might seriously weaken the case. We may also file motions to dismiss charges if the victim changes their story or if there is insufficient evidence.

To get help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Can a Victim Drop Domestic Violence Charges in Washington?

The victim doesn’t have the final say about whether or not someone is tried for domestic violence-related charges in Washington. The victim can request that the prosecution drop the charges, but the prosecution can’t be forced to do so.

The prosecution decides whether to file charges and, after that, whether to drop them. The alleged victim can sign a waiver of prosecution if they no longer want to press charges or be involved in the case, and they are satisfied with the response.

The prosecution may consider the victim’s request to drop the charges but does not have to follow it and may proceed with a criminal trial without the witness/alleged victim.

What Can Happen if a Victim Wants to Drop Domestic Violence Charges?

If a victim no longer wants to participate in the case, the prosecution may not have enough evidence without their participation to try you for domestic violence-related charges. The complaining witness wanting to drop the charges doesn’t guarantee their dismissal, so don’t assume your case is over, even if the alleged victim recants.

Defense Files Motion to Dismiss

If the alleged victim has retracted their original statements and accusations or has signed a waiver of prosecution, our Lakewood, WA domestic violence defense attorneys may file a motion to dismiss the charges against you. The judge may grant this motion if the prosecution lacks evidence without a complaining witness, and the charges may be dropped.

Prosecution Subpoenas the Victim

If the alleged victim does not want to testify for the prosecution, they may be subpoenaed and forced to do so. This tactic can backfire on prosecutors who proceed with charges after the alleged victim has recanted or otherwise expressed a desire to have the charges dropped, and our lawyers may use it to our advantage when cross-examining the witness.

Why Are Domestic Violence Charges Dropped?

The prosecution may have to drop the charges against you if they don’t have enough evidence, or our lawyers present exculpatory evidence proving a false accusation was made by the complaining witness.

Lack of Evidence

There may be a significant lack of evidence without the victim’s involvement and testimony, effectively forcing the prosecution to drop the charges, especially if there are no other eyewitnesses, documented injuries, or physical evidence.

False Accusations

Domestic violence charges can be dropped, even if the alleged victim still wants the prosecution to pursue them, if our lawyers show that the accusations were false or you were acting in self-defense. Don’t try to protect the other person in this scenario, and give us any texts, phone calls, and other evidence that show you were not the aggressor in the situation. When faced with this evidence, the prosecution may quickly drop the charges, or the court may agree with our motion to dismiss.

FAQs About Getting Domestic Violence Charges Dropped in Washington State

Do You Still Need a Lawyer if a Victim Wants to Drop Domestic Violence Charges?

You still need representation, even if the complaining witness retracts their statements and tells the prosecution they want to drop the charges. Whether charges are prosecuted is not up to the victim; you need an attorney to file a motion to dismiss or to expose the holes in the prosecution’s case during trial.

Will Domestic Violence Charges Be Dropped if the Victim Recants?

There’s no guarantee that the prosecution will drop the charges filed against you, even if the victim completely recants, as they might think they have enough additional evidence to go to trial.

What if You Can’t Get Domestic Violence Charges Dropped?

If there’s no reason for the court to dismiss your case or the prosecution to drop the charges, and you move forward with a trial, you must be prepared with a defense against the domestic violence charges. We may negotiate a plea deal to reduce the charges and consequences.

Why Can’t a Victim Drop Domestic Violence Charges in Washington?

The prosecution decides whether to file charges, not the complaining witness. The prosecution’s success often hinges on the alleged victim’s involvement, so recanting or refusing to testify may convince the prosecution to drop the charges or the judge to grant our motion to dismiss.

What Evidence Can Help Get Domestic Violence Charges Dropped?

The following evidence may help us get the domestic violence charges against you dropped in Washington:

• Conflicting witness statements
• Lack of physical evidence
• Lack of eyewitnesses

Correspondence between the defendant and the alleged victim revealing the true nature of the relationship may also convince the court to dismiss the charges.

Can You Talk to the Victim About Dropping Domestic Violence Charges?

Under no circumstances should you, as the defendant in a domestic violence case, talk to the alleged victim about dropping the charges. Washington courts typically impose automatic no-contact orders in these scenarios, and violating them carries consequences.

Can Domestic Charges Be Dropped During a Trial?

If the trial is ongoing, we may still file a motion to dismiss the charges at any time if new exculpatory evidence proving your innocence becomes available or the alleged victim voluntarily stops participating.

Contact Us for Help with Your Defense in Washington State

Call the Law Offices of Smith & White’s University Place, WA domestic violence defense attorneys, call (253) 203-1645.

One of the most frustrating parts of a criminal conviction is that it may remain on your record indefinitely if you do not take steps to remove it. Unfortunately, removing convictions from criminal records is very difficult, and you must meet very strict eligibility criteria. To begin, speak with an experienced attorney about your situation.

Expungements may only apply to non-conviction data, such as arrest records or criminal trials that do not result in a conviction. If you were convicted of a domestic violence crime, you may instead ask the court to vacate the conviction. This essentially has the same effect as an expungement, but involves a somewhat different legal process. Remember, not all convictions may be vacated, and you need to speak to an attorney about your case.

Receive a free, private case evaluation from our Tacoma, WA lawyers for expunging or vacating criminal records by calling Law Offices of Smith & White at (253) 203-1645.

Can I Expunge or Vacate a Domestic Violence Conviction?

In Washington State, expungements do not apply to convictions. Instead, convictions must be vacated to be removed from someone’s criminal record. When those charges are related to domestic violence, it may be difficult to have them vacated.

When You Can Vacate a Domestic Violence Conviction

Domestic violence convictions may be vacated and removed from your record if you meet specific eligibility criteria.

First, you must complete all terms of your sentence and receive a certificate of discharge.

Next, if you were convicted of a Class B felony, at least 10 years must pass after you are discharged, and you must prove you have not been convicted of a new crime in any state in the 10 years prior to your application for vacation. For Class C felonies, the time limit is 5 years.

When Domestic Violence Convictions Cannot Be Vacated

Certain charges are not eligible for vacation, including some charges for domestic violence. For example, if you were convicted of a Class A felony for domestic violence, you may not have the conviction vacated. Additionally, your conviction may not be vacated if you were convicted of another crime within the past 5 to 10 years, depending on the charges.

Conventions for violent crimes against certain kinds of victims may also be ineligible for vacation. For example, if the conviction for domestic violence involved a victim who was a child or vulnerable adult, you may not have it vacated.

What Records May Be Expunged in Washington State?

As mentioned, expungements in Washington State differ from those in other states and do not apply to conviction data. However, expungements may be available for other kinds of records.

Non-Conviction Data

Generally, non-conviction data may be expunged. If you were charged with a crime but never convicted, the records and data related to the charges may be expunged and eliminated from your record. This may include records pertaining to court hearings related to the charges.

Arrest Records

Arrest records may also be expunged if they are not related to a conviction. People are arrested all the time, and many are never charged. Whether you were arrested and released without charges or charged but never convicted, your arrest records may be expunged.

How Do I Know if My Domestic Violence Conviction Can Be Removed from My Record?

Vacating any conviction, let alone one for domestic violence, can be challenging and confusing. Talk to an attorney about your conviction to determine if you are eligible to have it vacated.

Contact a Lawyer

Your first step is to call a lawyer for help. The eligibility criteria for having convictions vacated are complex and come with numerous exceptions and caveats. It is not unusual for convicted defendants to believe they are eligible only to realize too late that they are not. Our Washington State lawyers for expunging or vacating criminal records should review your case and determine whether you can have the conviction vacated.

Nature of the Charges and Conviction

The nature of the charges is also important. Class A felonies typically cannot be vacated. Vacating Class B or C felonies is different from vacating misdemeanors or gross misdemeanors. Also, courts do not have vacate your convictions simply because you meet eligibility criteria. A court may deny the vacation in its discretion.

Your Criminal History and Pending Charges

Your criminal history will also play a significant role. While you must remain free from conviction for 5 to 10 years after your sentence is complete and you are discharged, the court may still consider other areas of your criminal record. Those with longer criminal histories may have a harder time having a conviction vacated.

FAQs About Expunging Convictions for Domestic Violence in Washington State

Can I Expunge a Domestic Violence Conviction in Washington State?

No. While many states use the term “expungement” to refer to the removal of criminal convictions from people’s records, Washington is different. Only on-conviction data may be expunged. Convictions must instead be “vacated.”

How Can I Remove A Conviction for Domestic Violence from My Criminal Record?

A criminal conviction must be vacated to be effectively removed from your record in Washington. You must be eligible before you can petition to have your conviction vacated, and the outcome is not guaranteed. Courts, at their own discretion, may choose not to vacate someone’s record.

When am I Eligible to Have a Domestic Violence Conviction Vacated?

In most cases, you may become eligible to have a past conviction vacated only after all terms of your sentencing, including incarceration, fees, probation, and any other terms, are completed. Also, at least 3 years must have passed since you completed your sentence for a misdemeanor. For felonies, at least 5 to 10 years must have passed, depending on the charges.

How Long Do I Have to Wait to Have a Conviction Vacated?

It can take time to vacate a conviction. After filing your petition, it may be weeks or even months before you can have a hearing on the matter. This may depend on the nature of the conviction you want vacated and the court’s schedule when you submit your petition.

What Happens After a Conviction is Vacated in Washington State?

Once a conviction is vacated, it may be treated as though it does not exist. It should not appear in criminal background checks, and you do not have to disclose the conviction to potential employers. Even many criminal justice offices and agencies will not be able to see the conviction.

How Do I Begin the Legal Process of Having a Conviction Vacated?

To begin the process of having a conviction vacated, you need to check with your lawyer about whether you meet all eligibility criteria. Next, you must file a petition with the court and serve notice to the prosecutor’s office. At that point, a hearing may be scheduled, if one is required.

Speak to Our Washington State Lawyers for Expunging or Vacating Criminal Records for Help

Receive a free, private case evaluation from our Washington State lawyers for expunging or vacating criminal records by calling Law Offices of Smith & White at (253) 203-1645.

Officers must have probable cause to arrest you for a marijuana DUI. Before they even pull you over, they must first have reasonable suspicion that you committed a crime, are committing a crime, or are about to commit a crime. Once an officer stops you, they begin an investigation to decide whether probable cause exists for a marijuana or other DUI. If you are facing a marijuana DUI charge in Washington, you should take it seriously and speak with the Tacoma marijuana DUI lawyers at Smith & White.

Understanding Probable Cause and Marijuana DUI Investigations in Washington

Under RCW 46.61.502(1), it is illegal to drive under the influence of a drug such as marijuana. If an officer has probable cause to believe that you committed a marijuana DUI, they can arrest you.

Probable cause means facts and evidence that would lead a reasonable person to believe that a crime already happened, is happening, or is about to happen. Reasonable suspicion is a lower standard. An officer may stop a driver based on reasonable suspicion, but they need probable cause before they make an arrest.

Reasonable Suspicion vs. Probable Cause on the Road

An officer’s first observations of odd or risky driving usually create only reasonable suspicion. Those observations can justify a stop, but they do not, by themselves, create probable cause for a marijuana DUI. Common grounds for reasonable suspicion include:

• Swerving or drifting within a lane

• Taking turns too wide

• Running stop signs or red lights

• Speeding or driving far too slowly for conditions

• Failing to signal lane changes or turns

• Crossing the center line

• Throwing items or trash out the window

• Obvious equipment or registration problems, such as an expired tab

After the stop, the officer looks for more information. This second layer of facts is what may build probable cause. At this stage the officer will talk with you, watch how you move, and look around the vehicle.

Marijuana Field Sobriety Tests and Drug Recognition

If the officer believes you might be under the influence of marijuana, they may ask you to perform field sobriety tests or to meet with an officer trained in drug recognition. The goal is to decide whether drugs, and not something else, explain what the officer sees.

Standardized field sobriety tests include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. When an officer thinks that you “failed” these tests, they may treat the results as signs of impairment and as part of the probable cause to arrest. In a 2016 decision, the Washington Supreme Court allowed the State to use a driver’s refusal to take field sobriety tests as evidence in court. A refusal does not prove guilt, but the prosecutor may argue that it shows a guilty conscience. Your attorney will need to answer that claim and explain other reasons why a person might refuse.

Some officers receive additional training as Drug Recognition Experts (DREs). A DRE uses a structured evaluation that includes eye checks, vital signs, balance tests, questions about medical issues, and a review of any lab results. If the officer follows the protocol and the court finds the foundation sufficient, the prosecutor can offer the DRE’s opinion as expert testimony about drug impairment. A defense lawyer can challenge how the tests were given, whether the officer skipped steps, and whether medical or innocent explanations better fit what the officer saw.

If you admit that you were smoking or consuming marijuana, that statement can also help an officer claim probable cause. They will often combine your admission with driving behavior and physical signs to justify an arrest. You are not required to answer incriminating questions. You have the right to remain silent and to ask for an attorney as soon as you want one.

Chemical Testing

If you are arrested for a marijuana DUI, the officer will usually request a chemical test. Because Washington has no standard evidentiary breath test for marijuana, officers often seek a blood test instead. A blood draw may occur with your consent, under a warrant, or under certain limited exceptions.

The laboratory report that shows your THC concentration will typically go to your attorney as part of the initial discovery. When THC levels are high and the test is valid, the State will almost always try to use the result as evidence that you were impaired. The prosecutor may also file a “per se” marijuana DUI charge based on a THC concentration at or above the legal limit.

The State still must prove that the officer had reasonable suspicion for the stop and probable cause for the arrest. If there was no lawful basis for the stop, your lawyer can ask the court to suppress everything that came afterward. If there was no probable cause to arrest you for a marijuana DUI, your attorney may move to suppress evidence obtained after the arrest, including the blood test that shows THC in your system.

Like other criminal charges, a marijuana DUI must be proven beyond a reasonable doubt. When key evidence is suppressed or weak, the prosecutor may not be able to meet that burden. In that situation, they may agree to reduce or dismiss the charge or to negotiate a more favorable plea.

Consult an Experienced DUI Lawyer in Tacoma to Understand Your Options

If you are arrested for a marijuana DUI, you should consult The Law Offices of Smith & White, PLLC, to understand your options and your next steps. We can review the stop, the officer’s observations, any field sobriety tests, and the basis for any chemical testing to see whether probable cause truly existed. Based in the Tacoma area, we represent clients in Pierce, King, Kitsap, and Thurston Counties. Call us at (253) 203-1645 or complete our online form.

Washington has legalized recreational marijuana, and police now arrest and convict far more drivers for marijuana DUI than in the past. Deciding whether to arrest a driver for marijuana impairment can be difficult for officers. Unlike with an alcohol-related DUI, there are very few roadside tools that reliably and accurately detect marijuana impairment. To decide whether to arrest, officers often rely on field sobriety tests and their own observations. Marijuana DUI field sobriety tests are not always accurate, and the Tacoma marijuana DUI lawyers at Smith & White may be able to challenge these results and ask the court to suppress them.

Marijuana DUI Field Sobriety Tests

Researchers and companies continue to develop tools to test for marijuana use. However, tools currently on the market often take days to process and still cannot show when, or how recently, a driver used marijuana. You may have THC in your bloodstream even if you last used weeks ago. Until more accurate and timely tests exist, officers rely mainly on observations and field sobriety tests to decide whether somebody appears impaired by marijuana.

The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests: the walk and turn, the one leg stand, and the horizontal gaze nystagmus. NHTSA designed and validated these tests for drunk driving investigations, not marijuana DUI cases. Alcohol affects the body in different ways than marijuana. Because of that, the same clues that suggest alcohol impairment do not always match a person’s actual level of THC impairment. Medical conditions, fatigue, age, footwear, and road conditions can all affect how a person performs, even when they are sober.

Drug Recognition Experts in Marijuana DUI Cases

Some officers receive extra training as Drug Recognition Experts (DREs). An arresting officer with DRE training may ask a driver to submit to a full evaluation. If the officer completes all required steps and the prosecutor lays the proper foundation in court, the State may present that officer as an expert witness.

DREs must log every evaluation they perform. Those logs should show how often the officer correctly identifies the type of drug involved, based on later blood analysis. A defense attorney can compare these logs to the toxicology results to see how accurate the officer’s opinions have actually been.

Officers often give field sobriety tests along with the DRE evaluation. Prosecutors may offer these tests as evidence in court, but a Tacoma DUI defense attorney can challenge them in several ways, such as:

• Arguing that the officer did not follow NHTSA instructions or scoring rules.

• Pointing to medical, vision, or balance issues that affected performance.

• Showing that road, lighting, or weather conditions made the tests unfair.

• Arguing that the officer obtained the tests or statements in violation of your constitutional rights.

Horizontal Gaze Nystagmus Test

When an officer gives the horizontal gaze nystagmus test, they move an object or a finger from side to side in front of the driver’s face. They watch for involuntary jerking of the eyes, which NHTSA links to significant alcohol intoxication. Your eyes may jerk back and forth if they are strained at more than a 45-degree angle when you are under the influence. In controlled alcohol studies, NHTSA has reported that this type of field sobriety test is about 77% reliable.

Marijuana does not consistently produce the same eye-movement patterns as alcohol. Because of this, most experts do not view the horizontal gaze nystagmus test as a reliable way to measure cannabis impairment. An attorney can argue that HGN deserves little or no weight in a marijuana DUI case and can compare the officer’s description to any body camera or dash camera video.

Walk and Turn Test

The walk and turn test divides your attention between physical coordination and mental focus. The officer explains the test and then watches to see whether you:

• Walk an incorrect number of steps.

• Step off the line or lose your balance.

• Start before you are instructed to begin.

NHTSA has estimated that the test is effective about 68% of the time for alcohol. That estimate comes from studies that took place under controlled conditions. Uneven pavement, poor lighting, nervousness, footwear, age, or injuries can all affect your performance. As a result, a driver can “fail” the walk and turn even when not impaired, especially when marijuana rather than alcohol is involved.

One Leg Stand Test

During a one leg stand, a police officer tells you to lift one foot, stay still, count, and look down at your raised foot. The officer may conclude that you are under the influence if you hop, put your foot down, sway, or use your arms for balance. NHTSA has estimated that the test is reliable about 65% of the time for alcohol. Of the three primary field sobriety tests, this test is considered the least reliable for alcohol cases.

For marijuana cases, the one leg stand can be even less dependable. Drivers with back, knee, ankle, or balance problems—or drivers who are older, tired, or standing on a sloped or rough surface—may struggle with this test even when completely sober. A skilled attorney can use those facts to argue that poor performance on the one leg stand does not prove marijuana impairment.

Consult an Experienced Tacoma Attorney

Our attorneys can review the circumstances of your case to determine whether irregularities in your marijuana DUI field sobriety tests give you grounds to file a motion to suppress evidence or raise reasonable doubt at trial. If you believe that there was a problem with how your tests were given or interpreted, that issue may be a strong part of your defense. Based in Tacoma, the attorneys at The Law Offices of Smith & White, PLLC, represent drivers across Pierce, King, Kitsap, and Thurston Counties. Call us at (253) 203-1645 or contact us through our online form.

You could be arrested and face additional criminal charges for violating a no-contact order, on top of the original, most likely domestic violence-related charges that preceded the no-contact order.

You could face a gross misdemeanor or class C felony charge for a no-contact order violation, depending on how many previous violations you have and what the most recent one entailed. Immediate arrest is mandatory for violations of a no-contact order, even if the violation was unintentional.

For help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White now at (253) 203-1645.

What Can Happen if I Violate a No-Contact Order in Washington?

Violating a no-contact order typically carries immediate consequences for criminal defendants in Washington, which our lawyers may help mitigate.

Arrest

Violating a no-contact order is illegal in Washington and may result in arrest. Even if a violation was unintentional, an officer can still arrest you without a warrant if they have probable cause to believe the violation occurred. Arrests for no-contact orders are mandatory in Washington.

Additional Charges

Violating a no-contact order can be an additional gross misdemeanor offense in Washington. A gross misdemeanor conviction carries a maximum sentence of 364 days in prison and a fine of up to $5,000.

If the individual has two or more subsequent convictions for violating no-contact orders, or the recent violation allegedly involved assault or reckless endangerment, the charge increases to a class C felony. A conviction for this charge could mean up to five years in jail and $10,000 in fines.

Loss of Bail

No-contact orders are typically issued in domestic violence cases so the defendant does not interact with the alleged victim. Following the no-contact order is part of bail conditions, so violating the order may lead to you losing your bail for the remainder of your trial.

Loss of Gun Ownership Rights

If you are arrested, charged with a class C felony for a no-contact order violation, and are convicted, you may lose your gun ownership rights. Washington prohibits anyone with felony convictions from owning firearms. However, you may be able to petition to restore your firearm rights in the future after completing your sentence and filing a motion with the court.

What Should You Do After Violating a No-Contact Order in Washington?

Don’t argue with police officers arresting you for a no-contact order violation. Instead, invoke your right to remain silent and your right to an attorney.

Remain Silent

While you may want to explain yourself to police officers, especially for an unintentional proximity violation, refrain from doing so. You might accidentally say something that harms you, so do not speak with law enforcement during or after an arrest.

Invoke Your Right to an Attorney

You have the right to an attorney, and can invoke that right after you are arrested and when the police try to place you under “custodial interrogation.” Tell our Washington domestic violence defense attorneys what happened, for example, whether the alleged victim initiated contact or you were totally unaware the alleged victim was nearby.

Give us any evidence that tells the real story about what happened, like text messages, phone calls, or social media messages from the alleged victim.

What Are Common No-Contact Order Violations?

Any contact between the defendant and the alleged victim named in the no-contact order is expressly prohibited. That includes contact in person, over the phone, or online. No-contact orders may stop an individual from interacting with people close to the alleged victim, too, like anyone living in their household. The following are some of the most common no-contact order violations our lawyers help defendants address:

• Electronic communication
• Indirect contact through third parties
• Proximity violations
• Written communication

No-contact orders often have other conditions too, such as attending counseling or a substance abuse program and relinquishing firearms, and defendants must follow these terms as well.

FAQs About No-Contact Orders in Washington

When Are No-Contact Orders Issued?

Judges generally issue no-contact orders at the beginning of criminal cases to prevent defendants from interacting with alleged victims and to prevent them from persuading alleged victims not to testify or from stopping their cooperation with the prosecution altogether. While most common in domestic violence cases, no-contact orders can also be issued during any criminal case where the judge is concerned about the defendant engaging with a witness.

Can You Contest a No-Contact Order?

Our lawyers can contest a no-contact order if you believe certain terms are unfair, though judges often issue these orders almost immediately in most domestic violence cases.

Can a No-Contact Order Stop You from Seeing Your Children?

A no-contact order can stop you from seeing children you share with the alleged victim, which is one of the top reasons defendants often contest these orders and seek to amend them during trials.

Can a No-Contact Order Stop You from Returning to Your Home?

If you share a home with the alleged victim, the no-contact order can also prevent you from returning home while it is in effect.

Can You Be Arrested for Unintentionally Violating a No-Contact Order?

Even unintentional no-contact order violations may result in arrest in Washington, but our lawyers may prevent charges from being filed by providing law enforcement with the context they need.

Can You Be Charged for Each No-Contact Order Violation?

You can be charged for each violation of a no-contact order. Multiple attempts at communication will be charged as multiple counts.

How Long Do No-Contact Orders Stay in Effect?

No-contact orders generally remain in effect throughout a criminal trial. They may extend past the end of a case if the defendant is convicted of domestic violence-related charges.

Call Our Washington Criminal Defense Attorneys Now

Call the Lakewood, WA domestic violence defense attorneys of the Law Offices of Smith & White at (253) 203-1645 for help with your case today.

If you were charged with a crime, especially a serious one involving domestic violence, you want the case to be over.  However, the length of time for a case can be tricky to predict and depends on a lot of factors.

The length of any case will depend on the charges, the complexity of the facts, and the evidence available.  However, cases can always end quickly if the defendant pleads guilty or accepts a plea deal.  The shortest cases typically take a few weeks, but many cases can take the better part of a year before they get scheduled for trial, let alone get to a verdict.

To get help with your case, call the Law Offices of Smith & White’s Tacoma, WA domestic violence defense attorneys at (253) 203-1645.

What is the Fastest a Domestic Violence Case Can Take?

Defending yourself always draws out a case, but cases that end in pleas typically go fastest.

Guilty Pleas with No Negotiation

If you plead guilty at your original arraignment, you get no chance to defend yourself against charges, but your case goes straight to sentencing.

That usually means it takes only a few weeks for the sentencing report to be prepared and your sentence to be handed down.

Negotiated Pleas

However, that kind of case puts up absolutely no defense.  A case that still gives you the chance to discuss your charges with the prosecution and still come to some sort of plea arrangement is often the second fastest type of case.

Here, the prosecution might come to your preliminary hearing or other early stages of the case with a plea agreement in hand.  Your Washington domestic violence defense lawyers can also potentially contact them and discuss terms for a plea agreement.

These cases typically take only a few weeks to a month before sentencing, which adds another couple of weeks in most cases.

How Long Before My Case is Dismissed or Dropped?

If the evidence against you is lacking, your case can be dropped or dismissed at a few stages:

Preliminary Hearings

Early stages of your case may involve a preliminary hearing where the judge decides whether there is probable cause to charge you with a crime.  If there is, the case is “held over” for court.  If there is no probable cause, the judge dismisses the case.

Preliminary hearings take place 14 days from your initial appearance if you are in jail and 21 days if you are released.

Grand Jury Hearing

Instead of using preliminary hearings, prosecutors’ offices will sometimes prefer to use grand jury hearings for felony indictments because the defense does not participate in these hearings.  If that is used instead, you might not even know the charges against you were ever brought up or denied.

Pretrial Conferences

If, at some point before trial, the prosecution realizes they were mistaken and do not have enough evidence to bring the case, justice demands they drop the charges.

It is rare that prosecutors just drop charges without a plea agreement, but they can do so at any point before trial, which could be days, weeks, or even months after your initial arrest.

Trial

Going to trial can take some time, depending on various factors like the complexity of the case, the court schedule, and how much time we need to prepare your defense.

Domestic violence cases can get to trial within a few months in some cases, but it can take over a year in others.  If you win the case at trial, you are “acquitted” instead of having the charges “dismissed.”

How Long Does a Domestic Violence Conviction Take?

As mentioned, guilty pleas can be entered at any time, and negotiated pleas often end cases quicker.  However, for a conviction to go all the way through trial, it often takes at least 2 months because of evidence collection, case building, trial preparation, and court scheduling.

How Long Does Sentencing Take?

If you plead guilty or are convicted, your case is not over until you are sentenced.  Sentencing hearings must take place within 40 days of the conviction.

This gives the parties time to prepare arguments and evidence, but it also gives the Department of Corrections time to prepare a presentence report for the judge, which may include victim impact statements prepared by the victim(s).  Sentencing can sometimes take place immediately, but it usually takes at least a week or two for the court to schedule the hearing, if not the full 40 days.

FAQs for How Long Domestic Violence Cases Can Take

How Can You Speed Up a Criminal Trial?

Obviously, pleading guilty can end your case faster, but that is not usually going to be something you want to do.

Instead, cases can be sped up through various means, though these are not always in the defendant’s best interest:

• Demanding your speedy trial rights
• Waiving preliminary hearings and other procedural steps that slow down the case
• Stipulating to certain uncontested facts
• Having a lawyer who is prepared and ready to go to trial.

What Factors Slow Down/Speed Up Cases?

These factors often affect the speed of your case:

• If you are in pretrial detention, courts are sometimes willing to move faster.
• If you are subject to complex pretrial no-contact orders that keep you from your home and children while awaiting trial, your case might move faster.
• Misdemeanors often have shorter cases than felonies.
• Complex facts involving many witnesses can take longer.
• Cases involving multiple charges often take longer.

How Quickly Can My Lawyer Get Charges Dismissed?

If there is a fatal problem with the case against you, then your lawyer might be able to get the charges dismissed within 2-3 weeks, depending on how quickly your case can be scheduled before a judge.

However, sometimes the prosecution can correct their filings and resubmit the charges.

When is My Case Officially “Over”?

If your case goes to trial and you are acquitted, it is over at that point.  Double jeopardy rules prevent recharging.

However, if the case is dismissed or dropped at any point before the jury is sworn in, then it is possible it could be amended and re-filed if new evidence comes to light.

If you plead guilty or are convicted at trial, the case is not “over” until sentencing takes place.

What is the Longest My Case Could Take?

Criminal cases can sometimes be very complex, and it can take years for some cases to get to trial.  However, Washington has “speedy trial” rules that aim to put hard deadlines on cases.

Who Can Ask for Continuances and Delays?

Either party can ask for a delay or “continuance” that might delay the case further.  This usually means pausing a hearing and rescheduling or resuming it later.

The defendant can typically request a continuance for good cause, but personal scheduling conflicts are not always a good reason.  The government can request continuances, but a judge may deny the request if the reason is that they were not properly prepared or are trying to unfairly delay the case.

Call Our Domestic Violence Defense Lawyers in Washington

Call the Law Offices of Smith & White’s University Place, WA domestic violence defense attorneys at (253) 203-1645 to discuss your case.

If you were arrested for a domestic-violence-related offense in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, you might assume everything goes away if your spouse tells the court they don’t want to press charges. Understandable—but that’s not how Washington works.

Once the State files charges, the case is State of Washington v. You. Your spouse (or partner) becomes the complaining witness. They can share their wishes, but they do not control charging or dismissal. A prosecutor decides whether to continue, reduce, divert, or ask to dismiss. A judge must approve any dismissal.

For help with your case from our Tacoma, WA domestic-violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Why Your Spouse Can’t “Drop” the Case

Washington treats domestic-violence cases as public-safety matters, not private disputes. Many prosecutor’s offices follow some form of a “no-drop” approach: they do not automatically dismiss simply because the complaining witness asks. Local practice varies by office and by facts, but the key point is the same—the State controls the case.

Mandatory Arrest & First Appearance: What Happens Next

Washington uses a mandatory-arrest framework under RCW 10.31.100(2)(d). When officers have probable cause to believe a qualifying DV assault occurred within the previous four hours, they must arrest the primary aggressor. After booking, you’ll see a judge at your first appearance/arraignment. Courts often impose release conditions, including a criminal no-contact order (NCO), under RCW 10.99.040 and set your next court date.

No-Contact Orders: Rules, Risks, and How to Seek Modification

A criminal NCO is a court order—not a suggestion. Until a judge changes it in writing, you must follow it exactly, even if your spouse wants contact. Common terms include: no contact (direct or indirect), keep a distance, no weapons, and sometimes a move-out provision.

• Violations are new crimes. Willful violations of criminal NCOs issued in DV cases are punished under RCW 7.105.450, as referenced by RCW 10.99.050(2)(a).

• Consent is not a defense. “They said it was okay” does not protect you. Only a signed court order modifies or terminates the NCO.

• Modification is possible—but not automatic. The protected person can request change, and the defense can bring a motion. Courts weigh safety, history, treatment steps, housing/child-care logistics, and proposed safeguards. Your lawyer can guide you on timing, declarations, compliance proof, and whether interim conditions (e.g., monitored exchanges, third-party presence) make sense.

Why Prosecutors May Proceed Without the Spouse

Even if your spouse doesn’t want to participate, prosecutors often evaluate whether they can prove the case with other evidence:

• 911 calls and dispatch logs

• Officer body-worn video and photos of injuries or property damage

• Medical records and third-party witnesses

• Admissible hearsay exceptions (e.g., excited utterances, present-sense impressions, statements for medical diagnosis under Evidence Rule 803)

• Confrontation law allows certain 911 statements during an ongoing emergency to be admitted even without the witness (see Davis v. Washington).

• Forfeiture by wrongdoing can apply if a defendant’s conduct causes a witness’s unavailability (ER 804(b)(6)).

Bottom line: the State asks, “Can we prove this beyond a reasonable doubt?”—not “What does the witness want today?”

What To Do Now (Step-By-Step)

1. Read your orders carefully. Confirm the protected person’s name, distance requirements, residence terms, child-exchange provisions, and any firearms conditions.

2. No contact means no contact. No calls, texts, DMs, tags, gifts, or indirect messages through friends or family.

3. Don’t go back home unless the order clearly allows it or you have a court-approved exception (sometimes with law-enforcement standby).

4. Preserve evidence immediately. Save screenshots, texts, call logs, social media, photos, Ring/phone video, and names of witnesses.

5. Give your lawyer a timeline. Include who was present, any prior conflicts, medical/mental-health context, and relevant location data.

6. Route all communication through counsel. Do not ask anyone to “fix it” with the complaining witness—this can look like witness tampering.

7. Address firearms/CPL issues. If ordered, surrender promptly and keep proof. Courts can set compliance review hearings (RCW 9.41.801). Certain convictions trigger prohibitions (RCW 9.41.040).

8. Follow your release conditions and attend every hearing. Washington court rules (CrR/CrRLJ 3.2) require least-restrictive conditions, but violations invite stricter terms—and new charges.

Common Mistakes That Create New Charges

• Violating the NCO. Even a brief, seemingly harmless text can lead to arrest.

• Indirect contact. Asking a friend to pass a message or “tell them to calm down” can be seen as contact—or witness tampering (RCW 9A.72.120).

• Social-media missteps. Subtweets, tags, and “likes” can be construed as contact.

• Returning home for property without a clear order exception or proper standby.

• Discussing the case online. Posts can be admissions the State uses later.

Firearms & Surrender Orders

In DV cases, courts may order temporary surrender of firearms and a concealed pistol license under RCW 9.41.800, with compliance review hearings (RCW 9.41.801) to verify follow-through. A DV-related conviction can trigger firearm-possession prohibitions under RCW 9.41.040 (and federal law may also apply). Ask your attorney how to navigate this without creating new exposure.

Can My Spouse Tell the Judge to Drop the Charges?

They can share their wishes, but they don’t control charging. The prosecutor decides whether to proceed or seek dismissal; a judge must approve any dismissal.

If My Spouse Doesn’t Appear, Will the Case be Dismissed?

Not necessarily. Prosecutors often rely on 911 audio, body-cam, medical records, and admissible statements. The question is whether the State can still meet its burden.

Can We Live Together if We Share Children?

Only if the written NCO permits it after a judge modifies the order. Without a modification, living together is a violation—even if both of you agree.

They Texted me First, Am I Safe to Reply?

No. The order binds you. Do not respond. Save the message, give it to your lawyer, and discuss options for modification.

How fast can we modify the NCO?

It depends on court calendars, safety concerns, and case facts. Your attorney can file the motion, prepare declarations, and propose safeguards that address the court’s concerns.

Bottom Line for Tacoma & Pierce County

Your spouse cannot “drop” a Washington domestic-violence case. Prosecutors and judges control what happens next, and cases often move forward even when relationships have cooled. Your best move is disciplined compliance, rapid evidence preservation, and strategic legal action—especially on any request to modify a no-contact order.

For help with your case from our Tacoma, WA domestic-violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

If you were arrested for a domestic-violence-related offense in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, “proving innocence” happens by building a record that the State cannot overcome at trial. Washington puts the burden on the prosecution to prove every element beyond a reasonable doubt—and if the defense raises lawful self-defense, the State must disprove it beyond a reasonable doubt. Your strategy is evidence-first: preserve what helps, challenge what doesn’t, and force the case to be about verifiable facts, not assumptions.

For help with your case from our Tacoma, WA domestic-violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

What “Domestic Violence” Means in Washington

“Domestic violence” is a designation that can attach to charges like Harassment, Malicious Mischief (property damage), Interfering with Reporting, or Violating a Protection/No-Contact Order when the people involved meet Washington’s definitions of “family or household members” or intimate partners (RCW 10.99.020). The DV designation affects release conditions, frequently leads to a criminal no-contact order at first appearance (RCW 10.99.040), and can intersect with firearm restrictions or temporary surrender obligations under Chapter 9.41 RCW.

Why an Arrest Happened and What That Means for Proof

Washington uses a mandatory-arrest framework in domestic-violence investigations. When officers have probable cause to believe a qualifying DV assault occurred within the past four hours, they must arrest the primary aggressor (RCW 10.31.100(2)(d)). That arrest is not the same thing as proof. It’s a starting point that triggers court dates, orders, and discovery—where defense work begins.

What the State Must Prove (and What the Defense Can Force)

• Elements of the charge. The State must establish each element of the offense charged—proof of an argument or harsh words alone isn’t enough.

• Beyond a reasonable doubt. The State must meet the highest burden in our legal system.

• Self-defense. If the defense presents some evidence of lawful self-defense, the burden shifts to the State to disprove self-defense beyond a reasonable doubt.

Bottom line: you don’t have to “prove a negative.” You need to raise and preserve the record that makes the State’s theory untenable.

Where “Innocence” Is Proven: The Evidence

911 Audio & Dispatch Logs

Timing matters. Ongoing-emergency statements can be treated differently than calm, reflective statements later. Compare tone, detail, and consistency across the call, the report, and any later account.

Officer Body-Worn Camera (BWC) & Photos

BWC captures demeanor, scene condition, and what was (or wasn’t) said. Look for:

• Gaps in recording or early deactivation.

• On-scene statements that clash with later claims.

• Scene details (lighting, distance, obstacles) that affect whether an alleged act could occur as described.

• Injury mechanics vs. allegation (left/right dominance, location of marks, age of injuries).

Medical Records

Treatment notes can help or hurt. Focus on:

• Mechanism descriptions that don’t match the accusation.

• Absence of expected findings given the story.

• Timing of complaints relative to the incident.

Third-Party Witnesses & Digital Trails

Neighbors, roommates, or bystanders can undercut or confirm key points. Digital evidence—texts, DMs, call logs, location data, Ring/phone video—anchors a timeline. In DV cases, sequence (what happened and when) is often decisive.

Prior Inconsistent Statements (Impeachment)

If the complaining witness gave different versions—on 911, to officers, to medical providers, or in texts—that’s credibility fuel for the defense. The jury evaluates reliability, not sympathy.

Keeping Out Unfair “Character” Evidence

Washington’s evidence rules limit prior-bad-acts or “he’s the type” stories. If the prosecution tries to introduce old incidents or uncharged conduct simply to show you’re a bad person, the defense can demand a hearing and seek exclusion or limiting instructions. Jurors should judge this incident based on this evidence.

Hearsay and Confrontation: When Statements Come In—or Don’t

Not every out-of-court statement is admissible. Some fall under exceptions (like excited utterance or statements for medical treatment); others are limited by confrontation rights if the witness won’t testify. Careful analysis can keep unreliable hearsay out—or narrow it—so the jury hears trustworthy evidence instead of repetition.

Motions That Win DV Cases

• Suppression of unlawfully obtained evidence. If officers entered without legal authority or seized evidence improperly, key proof can be excluded.

• Statements hearings. If any alleged admission was taken without required safeguards, the defense can move to keep it out.

• Pretrial dismissal for insufficiency. When the undisputed facts—even taken at face value—do not establish a prima facie case, the court can dismiss before trial.

• Disclosure and impeachment. The defense can compel production of exculpatory and impeachment material (for example, credibility issues with a witness or officer).

Self-Defense in DV Cases

In real-world family or partner disputes, defensive touching, blocking, or separating can be lawful. The question is reasonableness under the circumstances you perceived. Once self-defense is raised by some evidence, the State must disprove it beyond a reasonable doubt. Jurors are instructed on this burden.

What to Do Now (And What to Avoid)

• Follow all court orders exactly. If there’s a criminal no-contact order, it controls until a judge changes it in writing. “Consent” is not a defense to an NCO.

• Preserve evidence immediately. Screenshots, texts, call logs, videos, photos of the scene/injuries, names of witnesses, and any location data.

• Write a clean timeline for your attorney. Include who was present, what happened minute-by-minute, and any prior context relevant to self-defense.

• Route communication through counsel. Do not ask anyone to “fix it” with the complaining witness—this can be viewed as tampering.

• Address any firearms requirements promptly and keep proof of compliance if a court ordered temporary surrender.

Do I Have to Prove I Didn’t Do it?

No; the State has the burden to prove the charge beyond a reasonable doubt. If self-defense is raised, the State must disprove it beyond a reasonable doubt.

Can the Case Continue if the Witness Won’t Participate?

Sometimes. Prosecutors can try to proceed with 911 audio, BWC, photos, medical records, and any admissible statements. The defense focuses on reliability, hearsay limits, and confrontation rights.

What if the Story Keeps Changing?

Inconsistencies are classic impeachment. Jurors weigh credibility, and the defense highlights contradictions using recordings, texts, and reports.

Will Past Arguments Be Used Against You?

Not automatically. Prior-bad-acts evidence is tightly limited. The defense can fight to exclude unfair propensity evidence or restrict it with instructions.

How Soon Can We Modify a No-Contact Order So You Can Manage Work/Kids?

It depends on safety concerns, case posture, and court calendars. Your lawyer can propose safeguards (monitored exchanges, third-party presence) and present compliance proof.

The Bottom Line for Tacoma & Pierce County

“Innocence” in a Washington DV case is proven by evidence and law: timelines that hold up, statements that stay consistent (or don’t), videos that show what actually happened, and motions that exclude unreliable or unlawfully obtained proof. When self-defense is in play, the State must disprove it beyond a reasonable doubt. Early, disciplined defense work—preserving records, analyzing body-cam and 911, challenging hearsay and prior-bad-acts, and filing the right motions—can mean dismissal, reduction, or an acquittal.

For help with your case from our Tacoma domestic-violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.