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.

Being charged with domestic violence crimes can upend your entire life.  Aside from the criminal fines and jail time, you could be kicked out of your house, blocked from your possessions, and kept from your children while the charges are pending.

It is vital to work with a lawyer to protect your rights throughout this process, challenge dubious evidence, and help you retain your freedom.  We can challenge the case against you, fight for your constitutional rights, and defend you in a criminal trial if needed.

Contact the Law Offices of Smith & White at (253) 203-1645 to discuss your case with our University Place, WA domestic violence lawyers for defendants.

“Domestic Violence” Charges

In Washington, there is no specific crime of “domestic violence.”  Instead, we have a list of crimes that are considered domestic violence offenses when they are committed against certain people.

List of Crimes

The crimes listed in RCW 10.99.020 that can be domestic violence offenses include the following:

• Various levels of assault
• Drive-by shootings
• Reckless endangerment
• Coercion
• Burglary
• Malicious mischief
• Kidnapping
• Unlawful imprisonment
• Violating a restraining order (or similar order)
• Rape and sexual assault
• Stalking
• Interfering with domestic violence reporting.

Other Requirements

These crimes only become domestic violence offenses when committed against one of these people:

• An adult household member
• An adult family member (including adoption and stepparent relationships)
• An intimate partner (regardless of marital status or whether the relationship is current).

This essentially includes all “domestic partners,” dating partners, and people with whom you share a child, but it also includes roommates and adult siblings, parents, and children.

Pre-Trial No-Contact Orders

If you are arrested for domestic violence, you are typically put on a no-contact order automatically.  This, along with bail terms, typically prevents you from contacting the alleged victim.  However, it has other effects:

• If you live together, you might be unable to go home
• If you work together, you might be unable to go to work
• If you share children, you may be unable to see them
• You cannot speak to them through a third party (aside from your lawyer)
• You may lose access to firearms or weapons
• They may be given access to shared money or accounts
• You may lose access to property at a shared home.

We can often arrange for a stay of this order to allow you to pick up clothes and personal effects, but the timing is limited.

No-contact orders only go one way; they stop you from contacting the alleged victim, but they do not stop them from contacting you.  If they contact you, do not respond and immediately report it to your lawyer.

Potential Penalties

When you are convicted of a domestic violence crime, you face the base penalties for that offense.  These can vary greatly depending on the crime, but they may result in jail time, probation, and fines in most cases.

The fact that it is a domestic violence crime also faces an extra $115 penalty that goes toward funds for victims.  The sentence you face will also be affected by various factors:

• Whether it is part of a pattern
• Your criminal history, including domestic violence orders that did not result in charges
• Whether the abuse occurred in front of children.

You may also need to attend domestic violence classes, and a conviction can result in a permanent restraining order and affect any potential child custody or divorce proceedings that come up.

FAQs for Domestic Violence Charges in Federal Way

What Crime Constitutes “Domestic Violence”?

In Washington, domestic violence is not one particular crime.  Instead, any of a list of crimes committed against a household member, family member, or dating partner can be considered “domestic violence” crimes.

These listed crimes usually involve violent crimes, rape, stalking, and similar offenses.

Can You Be Convicted of Domestic Violence Against a Child?

Violence against a child is usually handled under child abuse statutes instead of domestic violence.  However, violence against dating partners between ages 16 and 18 or parents of shared children (regardless of age) can be considered domestic violence, even if those people are still legally children.

How Much Do My Penalties Increase for Domestic Violence?

Applying the “domestic violence” attribute to a criminal case opens additional options for restraining orders, no contact orders, and protective orders, all without a conviction.  This can mean losing access to your home, children, and firearms, among other things.

However, there is no set increase in penalties other than a $115 assessment; penalties are always considered on a case-by-case basis.

Can You Fight a Domestic Violence Restraining Order?

If charges are filed against you, then domestic violence no contact orders are usually in place until the case is over.  This makes you unable to defend against these orders while the case is still pending.

What if My Partner Doesn’t Want to Testify?

Criminal charges are brought by the government, not the alleged victim.  This means that the case can go on based on the officer’s testimony, photos of injuries, and other evidence (e.g., security camera footage) even if your partner doesn’t want to testify.

However, some cases rest so firmly on the alleged victim’s cooperation that it might be hard for the prosecution to continue without their cooperation.  This could potentially help us get a plea deal or get the charges dismissed.

Can I Convince My Partner to Drop the Charges?

No, for two reasons.

1. Your partner is not in charge of the decision to press or drop charges; that is the prosecution’s decision.
2. You cannot contact the alleged victim, or else it could violate pre-trial orders, get your bail revoked, and potentially result in witness intimidation charges.

Can I Press Charges, Too?

Sometimes domestic violence goes both ways.  If your partner alleges you abused them, but they also assaulted you or committed other domestic violence crimes against you, then you can report them and demand charges back.

Cases are not usually dropped because both sides made mistakes; they can result in convictions for both partners and no-contact orders in both directions.

Call Our Domestic Violence Lawyers in Federal Way Today

Call (253) 203-1645 for a case evaluation with the Tacoma, WA domestic violence defense lawyers at Smith & White.

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.

If you’re facing a domestic-violence allegation in Washington State and you own firearms or have a CPL, the rules are complex and the stakes are high. Washington courts can require firearm surrender before any conviction, certain DV misdemeanors can bar possession, and federal law can add a separate prohibition. Here’s how Pierce County courts typically handle these issues and how to protect yourself.  If you know a case may be filed, but has not yet been filed, contact Smith & White immediately while you still have options on how to legally transfer your firearms. As licensed FFLs, Smith & White can help you get the guns where they belong BEFORE the court orders you to surrender the firearms to law enforcement.

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

The Quick Answer

A DV protection order can require immediate surrender of all firearms and your CPL. After certain DV-tagged convictions, it’s illegal to possess any firearm or ammunition. Some people can later petition to restore state rights, but a separate federal prohibition may still apply.

What “Domestic Violence” Means and Why it Matters

“Domestic violence” is a designation, not a standalone charge. It can attach to Assault 4, Harassment, Malicious Mischief (property damage), Interfering with Reporting, or Violating a No-Contact Order when the parties qualify as “family or household members” or intimate partners. A DV-tagged misdemeanor can still trigger a firearms ban under Washington law and can also create a separate federal disability.

Note: For offenses committed on or after July 23, 2023, Washington expanded the DV misdemeanors that can trigger firearms restrictions.

Can Firearm Rights Be Restored?

For some people, yes—under Washington law, but it’s not automatic.

Baseline requirements generally include: completing all sentence terms; a consecutive crime-free period (often 3–5 years, varying by misdemeanor vs. felony and history); no current disqualifying orders; and filing a petition in Superior Court to obtain a signed restoration order (see RCW 9.41.041, with effects in RCW 9.41.040(4)).

Important: A Washington restoration order does not automatically remove a federal prohibition. Have your attorney confirm your federal status (including NICS implications) before you possess or apply for a CPL.

A Practical Checklist of How to Get Your Gun Rights Restored in Washington State

• Tell your lawyer every firearm you own or control and your CPL.

• Follow the exact surrender instructions; keep receipts and declarations for court.

• Don’t attempt private “storage”—use an FFL only if your order allows.

• Don’t downplay misdemeanors—they can trigger state and federal bans.

• Discuss a long-term plan on Day 1; plea terms can determine future eligibility and federal exposure.

If you’re dealing with a DV allegation or an order involving firearms in Tacoma, Lakewood, Puyallup, or anywhere in Pierce County, we can help.

When Gun Rights Get Restricted

Before Conviction: Court Orders & Immediate Surrender

At or shortly after first appearance, Pierce County courts often issue no-contact orders with orders to surrender and prohibit weapons. If the order includes firearms language, you must:

• Surrender all firearms and your CPL as directed (typically to law enforcement);

• File proof of surrender; and

• Appear for a compliance-review hearing if set.

Washington law authorizes firearm surrender and requires courts to verify compliance (see RCW 9.41.800–.801). Civil protection orders, including DVPOs and ERPOs, are consolidated in chapter 7.105 RCW.

After Conviction: Washington Law

After certain DV-tagged convictions, possessing a firearm becomes unlawful and continued possession can be charged separately as Unlawful Possession of a Firearm (see RCW 9.41.040).

Federal Overlay: Separate and Additive

A qualifying misdemeanor crime of domestic violence creates a federal prohibition on possessing firearms and ammunition, and some DV protection orders also bar possession while the order is active (see 18 U.S.C. § 922(g)).

Can You Own a Gun after Assault 4 (DV) in Washington?

Often no—that conviction can trigger a state prohibition and may create a separate federal disability.

Is a Washington Restoration Order Enough to Buy a Firearm?

Not necessarily. You may still be federally prohibited until counsel confirms your status; NICS may otherwise deny the transaction.

Does a Protection Order Suspend Your CPL and Require Surrender?

If the order includes firearms language, expect CPL surrender and no possession while it’s active.

How Firearm Surrender Works (What Courts Expect)

• Bring: Government ID, CPL, and a list of firearms (make/model/serial if known).

• Turn-in: Follow the order exactly—most require surrender directly to law enforcement unless the order expressly authorizes an approved transfer.

• Proof: Obtain a property receipt and complete any required court declaration; keep copies for your hearing.

• Deadlines: If you can’t meet a deadline, speak with your lawyer immediately.

• Transfers: Only if the order permits, use a *licensed FFL. Do not “park” items with friends or relatives.

• Transport: Bring items unloaded and secured (locked case if available). If you store firearms off-site (safe-deposit box, storage unit, relative), tell your lawyer first—courts often ask where each item has been and may require documentation for any location changes.

• *Smith & White, PLLC is also a licensed FFL

Getting Your Guns Back When the Order Expires

You’ll need to be legally eligible and provide receipts and any required court paperwork. If you were convicted, you may need a restoration order first.

Collateral Consequences – What You Should Expect

• CPL: Usually suspended or revoked while you’re prohibited; ask counsel when and how to reapply after any restoration.

• Ammunition: Prohibited persons are also barred from possessing ammo under federal law.

• Purchases / NICS: Even after a state restoration, NICS may still deny a purchase until your federal status is cleared—have counsel verify first.

• Return of Property: When an order ends, law enforcement typically requires a court order and matching receipts to release property.

• Background Checks: Even when you believe you’re eligible, NICS delays or denials are common until records update. Your attorney can help resolve data mismatches and advise on timing.

Example: Pierce County DV Case Involving Firearms

Avery is arrested in Tacoma for Assault 4 (DV). Here’s how the process typically looks:

• First appearance & order: The court issues a no-contact order with immediate firearm and CPL surrender.

• Surrender & proof: Avery turns in three firearms and the CPL, obtains property receipts, and files the required declaration.

• Compliance review: Avery appears and presents proof; the court verifies completion and may set further dates if anything is missing.

• Conviction outcome: If Avery later pleads to Assault 4 (DV), Avery becomes prohibited from possessing firearms.

• New-charge risk: Keeping one “for protection” could trigger a separate Unlawful Possession case in addition to the DV matter.

• Restoration planning: Months later, counsel evaluates state restoration eligibility and whether a federal prohibition would still apply before advising on next steps.

Our Attorneys Can help

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

Residents of Tacoma, Lakewood, Puyallup, and across Pierce County often ask after a dust-up outside a bar or at a house party: If we both agreed to fight, is it still assault?

Short answer: Yes. Washington does not recognize a blanket “mutual combat” defense. Consent is narrow and mostly tied to foreseeable contact in organized athletics—not street fights. Prosecutors can and do file charges even when both people threw punches.

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

Washington Assault Law: How “Mutual Combat” Really Works

Washington has no statute that legalizes street fighting by consent. Assault charges are defined in state law (RCW 9A.36). The degree depends on injuries, weapons, and intent:

• Assault 4 (gross misdemeanor): The common charge for bar or party scuffles—any intentional offensive touching or striking that doesn’t rise to higher degrees.

• Assault 2 (Class B felony): Triggered by substantial bodily harm (for example, a fracture or significant temporary impairment), strangulation, use of a deadly weapon, and similar conduct.

• Assault 1 (Class A felony): Reserved for the most serious allegations—intent to cause great bodily harm, or force/means likely to cause great bodily harm or death.

Takeaway: A handshake before a fight doesn’t erase potential liability. The same framework applies in Tacoma, Lakewood, and Puyallup.

Can Consent Help Me? (Why “Mutual Combat” Isn’t a Get-Out-of-Jail Card)

Generally, no. Washington courts limit consent to narrow settings—chiefly organized sports where both the contact and the resulting injuries are reasonably foreseeable within that sport.

• State v. Shelley (1997): Pickup basketball punch that broke a jaw was not foreseeable athletic contact; consent didn’t defeat felony assault.

• State v. Hiott (1999): “Game” of shooting BB guns; court rejected consent on public-policy grounds after a serious eye injury.

• State v. Weber (2007): Inmate fight; consent not a defense to second-degree assault in that context.

Washington’s pattern jury instructions reflect the same policy: a person cannot consent to an assault that breaches the peace or violates public policy.

Plain English: agreeing to fight is not a legal permission slip. Outside a narrow athletic context, consent rarely blocks an assault charge.

Real Tacoma-Area Examples

These are fictional but realistic scenarios based on Washington law and local practice.

Tacoma bar lot — composite
Two adults square up and trade punches. One suffers a fractured nose. Police gather security footage and phone videos. Prosecutors file Assault 4 at minimum. If medical records confirm a fracture or other significant injury, they may file Assault 2 for substantial bodily harm. “We both agreed” doesn’t end the case.

Lakewood gym pickup game — composite
After a hard foul, one player blindsides another with a punch that breaks a jaw. That blow is outside foreseeable sports contact. Expect a felony Assault 2 filing; Shelley shows consent doesn’t stretch that far.

University Place house party — composite
Two guests agree to “take it outside.” During the scuffle, one swings a beer bottle. No bones break, but cuts require stitches. The bottle can be treated as a “deadly weapon,” so prosecutors consider Assault 2 even without a fracture. Property damage (broken window) adds potential malicious mischief exposure.

Defenses That Work in Pierce County Assault Cases

Every case turns on facts. In “agreed fight” files, we focus on:

• Self-defense or defense of others. If your force was reasonable and necessary in response to an imminent threat, that can be a complete defense under Washington law and the pattern jury instructions. Evidence control is crucial—videos, independent witnesses, photos, and medical records often make the difference.

• Identity, intent, and degree. Who initiated force? Was there intent to cause harm? Do the medical records meet the legal definition of substantial bodily harm, or are they more consistent with bodily harm only? Degree reductions (e.g., from Assault 2 to Assault 4) materially change exposure.

• Foreseeability in organized sports. Limited but sometimes relevant in sanctioned or supervised athletics with clear rules and officials. Shelley draws the line for informal play.

What To Do Right Now

1. Do not explain at the scene. “We both agreed” can be used against you. Politely exercise your right to remain silent and ask for a lawyer.

2. Preserve evidence immediately. Save videos, screenshot texts/DMs, and collect names for independent witnesses. Ask venues to preserve security footage before it’s overwritten.

3. Document injuries—yours too. Photos and medical records for both sides help clarify who did what and whether the injury meets a felony threshold.

4. Avoid contact with the other person. If a no-contact order issues, obey it to the letter. Violations create new problems.

5. Call counsel early. Early legal help protects defenses, prevents unhelpful statements, and opens paths to degree reductions, diversion, or dismissal.

The “Mutual Combat” Myth – What That Ordinance Really Does

You may have seen viral clips suggesting “mutual combat is legal” in Seattle. The relevant rule is the city’s fighting ordinance (SMC 12A.06.025). It makes it unlawful to intentionally fight in a public place and create a substantial risk of injury to nonparticipants or damage to their property. The ordinance includes a narrow affirmative defense for duly licensed or authorized bouts or for self-defense.

Two key points:

• It targets public risk. The goal is protecting bystanders and property, not granting permission to injure the other participant.

• It doesn’t override state assault law. If someone is injured, state assault charges remain on the table.

Myth: “If we both agree, it’s legal.”
Law: Consent rarely defeats an assault charge in Washington (see Shelley, Hiott, Weber).

Bottom Line for Pierce County

“Mutual combat” is a misleading slogan—not a defense that cancels Washington assault law. A handshake doesn’t change your exposure under RCW 9A.36, and Seattle’s ordinance is about protecting bystanders, not permitting injury to participants. If you were cited or arrested after an “agreed” fight in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, talk to a defense lawyer before you talk to anyone else. Move quickly, preserve evidence, and protect your defenses.

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

Domestic violence is often treated differently from most other criminal offenses because it tends to involve people or family members with deep, personal, and complicated ties. The police may have broad authority to arrest even if no witnesses are present.

You may be arrested for domestic violence even if the police do not have any witnesses to rely on. Statistically, domestic violence situations are dangerous and volatile, and the police have broader authority to take suspects into custody in the interest of safety. When someone violates a protection order, they may be arrested without a warrant or witnesses. Similarly, if an adult has assaulted a family or household member within the past 4 hours, the police may arrest without a warrant or witnesses.

Get a private case review from our Tacoma, WA assault defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.

When Can the Police Arrest Someone for Domestic Violence Without Witnesses?

Under Washington State statutes, police may make an arrest without witnesses in certain circumstances. More specifically, the police have broader authority to arrest in situations involving domestic violence.

Domestic Violence Protection Order

The police are allowed to arrest a suspect if they have probable cause to believe that the suspect violated a domestic violence protection order. Additionally, violations of protection orders for sexual assault, stalking, or vulnerable adults may also lead to warrantless arrests. The suspect must actually know about the protection order when they violate it to be arrested without a warrant.

The police only need probable cause, not necessarily witnesses. Even without witnesses, the police might observe evidence or factors that give them enough probable cause to execute a warrantless arrest.

Extreme Risk Protection Order

An extreme risk protection order may be issued against someone the court deems to pose a serious, imminent risk of harm to a victim. These are not unusual in domestic violence cases. If the police have probable cause to believe you violated the terms of an extreme risk protection order, you can be arrested without a warrant. Again, probable cause here does not inherently require witnesses.

Four-Hour Rule

Even if there is no protection order against you, you can still be arrested without witnesses in certain domestic violence situations. The four-hour rule states that if a suspect has assaulted a family or household member within the last four hours and the assault is a felony, causes injuries, or was meant to put the victim in imminent fear of harm, the police may arrest the suspect without a warrant.

The suspect in this scenario must be at least 18 years old. The police do not have to definitively prove the facts of the assault before they make an arrest. They only need probable cause.

Mandatory Arrests for Domestic Violence in Washington St.

Many calls about domestic violence lead to mandatory arrests. In Washington State, the police must arrest a suspect if there is probable cause suggesting a crime has been committed or any of the above-mentioned violations have occurred.

For example, suppose a neighbor calls 911 and reports suspected domestic violence because they heard you and your spouse fighting. In that case, the police must arrest you if they observe probable cause suggesting a crime has occurred. Probable cases may include injuries to the victim or signs of a violent struggle, among other observable factors.

What to Do if You Are Arrested for Domestic Violence without Witnesses in Washington St.?

If you are arrested for domestic violence, you should stay calm, remain silent, and contact a lawyer for help as soon as possible.

Remain Calm and Cooperate

Domestic violence situations are already volatile, and the police may be on their guard when they arrive. If you are in the middle of a dispute or argument with the alleged victim, stop what you are doing and try to stay calm. Any signs of agitation, anger, or aggression will be taken very seriously by the police.

Call a Lawyer

If you are arrested, remain silent and do not answer any questions about the alleged domestic violence incident. After you are booked into custody, the police may want to question you about what happened, but they must read you your Miranda rights first. Invoke these rights clearly and directly, and get a lawyer immediately.

Challenge the Arrest and Evidence

Once our Lakewood, WA assault defense lawyers are present, they can advise you on whether you should answer questions from the police. If they believe the arrest was unlawful, they may demand that the police prove they had probable cause or that some other exception to the warrant requirement applied. Without any witnesses, probable cause might be scant.

FAQs About How You Can Be Arrested for Domestic Violence in Washington St.

Do the Police Need Witnesses to Arrest Someone for Domestic Violence?

No. The police need only probable cause that a crime has been committed or that protection orders have been violated to arrest someone for domestic violence. While witnesses might help the police, they are not legally required to establish probable cause.

Can the Police Arrest Me for Domestic Violence Without a Warrant?

Yes. Generally, the police should almost always obtain an arrest warrant first, but the law makes special exceptions for domestic violence situations that meet specific legal requirements.

When Can the Police Arrest Someone for Domestic Violence Without a Warrant?

The police may arrest someone for domestic violence without a warrant if the suspect is believed to have violated a domestic violence protection order or an extreme risk protection order, or if the suspect is an adult who has assaulted a household or family member within the last 4 hours.

What Should I Do if I am Arrested for Domestic Violence?

Domestic violence situations tend to be volatile, and you should do your best to stay calm and cooperate with law enforcement if you are arrested. Resisting may only make things worse. Avoid answering any questions about the alleged domestic violence incident until you have a lawyer present.

What Proof Do Police Officers Need to Arrest Someone Without a Warrant for Domestic Violence?

The police must have probable cause to believe that you violated a protection order, assaulted a family member, or otherwise can be arrested without a warrant. If the police claim probable cause, we will make them prove it. If they cannot, we can challenge the arrest and any evidence the police may have seized. Again, witnesses can help establish probable cause, but they are not always required.

What if an Arrest for Domestic Violence is Unlawful?

If we believe your arrest was unlawful, we can challenge it in court. Evidence seized pursuant to an illegal arrest may be considered tainted and should be excluded from the case.

Contact Our Washington St. Domestic Violence Attorneys for Legal Support.

Get a private case review from our University Place, WA assault defense lawyers when you call the Law Offices of Smith & White at (253) 203-1645.

Civil protection orders (CPOs) and no-contact orders (NPOs) are not synonymous, though they are used in similar contexts. And despite their differences, violating civil protection or no-contact orders carries similar consequences in Washington State.

Individuals seek civil protection orders by filing petitions with civil courts, while judges overseeing criminal cases involving domestic violence-related offenses often issue no-contact orders that prevent a defendant from having any contact with the alleged victim.

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 Are the Differences Between Civil Protection and No-Contact Orders?

Civil protection orders are sought and issued differently, though they address similar issues.

Initiation

Civil protection orders are initiated when an individual files a petition in civil court. On the other hand, a no-contact order is used by the judge overseeing a criminal case. Judges often impose no-contact orders when defendants face domestic violence-related charges against intimate partners or family members.

Purpose

Individuals generally seek civil protection orders when no crime has been committed yet, but they are fearful of future stalking, harassment, domestic violence, or assault. Civil protection orders are typically a preventive measure. In contrast, no-contact orders are issued to protect witnesses and prevent any contact with the defendant who is alleged to have already harmed them.

Prohibited Conduct

Civil protection orders and no-contact orders typically prohibit conduct that is similar, but not identical. If a no-contact order is issued in a criminal case, the defendant may not communicate with the alleged victim at all, including in person, by phone, online, or through a third party. That also prohibits the defendant from returning to a shared home or seeing shared children.

Civil protection orders have similar restrictions. The order might require an individual to stay a certain distance away from the complainant, whether at work, home, or school.

Involved Court

If a civil court order is issued against you, the alleged victim will file it in civil court. No-contact orders are issued in criminal court, soon after the defendant is arraigned and enters their plea. Since no-contact orders are only issued in criminal courts, you must be facing criminal charges for this type of order to be issued against you and enforced.

Duration

Generally, civil protection orders issued by a Washington judge last for up to one year. The length of no-contact orders varies; they are at least one year, though they often last many years.

What Are the Similarities Between Civil Protection and No-Contact Orders

Civil protection orders and no-contact orders are both seriously enforced, and individuals often face penalties for violating them.

Enforcement

Both civil protection orders and no-contact orders are enforced by local law enforcement in Washington, which may arrest an individual if it has probable cause to believe that either type of order has been violated.

Violation Penalties

Allegedly violating a civil protection order or a no-contact order is charged as a gross misdemeanor in Washington. For offenses involving reckless endangerment, the charge may increase to a class C felony. Having two or more convictions for CPO or NCO violations may also lead to a class C felony charge on the third arrest.

Gross misdemeanors are punishable by up to one year in jail and fines of up to $5,000. Class C felonies are punishable by up to 5 years in prison and a fine of up to $10,000.

FAQs About Civil Protection and No-Contact Orders

What if I Get Arrested for Violating a Civil Protection or No-Contact Order?

If you are arrested for allegedly violating a civil protection or no-contact order in Washington, do not try to explain yourself to the police; contact our attorneys instead. Though you may have a valid explanation, you risk undermining yourself under pressure from law enforcement.

Should I Treat Civil Protection and No-Contact Orders the Same?

Not necessarily; while you should heed the rules within either order similarly, know that with a no-contact order comes criminal charges. While you may not have to go to court many times if a civil protection order is issued against you, you will have to prepare for a trial, as that is the only reason the judge issued the no-contact order.

Can I Contest a Civil Protection or No-Contact Order?

You can contest both civil protection and no-contact orders in Washington. Getting an order resolved while you are also facing criminal charges against the alleged victim can be challenging. Our domestic violence defense attorneys may file a motion to modify the no-contact order so you can have access to shared children or face fewer restrictions on your movements during a criminal case.

Who Can Get Civil Protection and No-Contact Orders?

No-contact orders are issued during criminal cases to protect the alleged victim from the defendant. Judges may also issue no-contact orders to protect other witnesses in the case.

Anyone who files a petition for a civil protection order may get one, and there is no need for a crime to have actually occurred for this to happen.

What Conduct is Prohibited by No-Contact Orders?

No contact with the alleged victim is allowed after a judge issues a no-contact order. This includes attempts to contact the alleged victim through a third party or otherwise indirectly.

Will I Lose Bail if I Violate a No-Contact Order?

The judge overseeing your criminal case may revoke your bail if you violate a no-contact order, though sometimes judges only increase bail in these situations.

What if You Unintentionally Violate a No-Contact Order

Unintentional no-contact order violations may occur when individuals live in the same area and frequent similar locations, and our lawyers may be able to contextualize the matter so the judge overlooks the violation.

Call Us About Your Domestic Violence Charges in Washington

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