Washington Domestic Violence Laws and Legal Requirements

As Seattle domestic violence defense attorneys, we understand how allegations of domestic violence can feel like your world is ending. Washington state's comprehensive domestic violence laws carry serious consequences, both under criminal law and civil law, affecting everything from your family relationships to your job and even your freedom.

Whether you’re currently facing criminal charges or a civil protection order, having experienced guidance through these trying times can make all the difference.

Legal Definition of Domestic Violence in Washington State

Washington state law (RCW 10.99.020) takes a broader view of domestic violence than many realize. The law includes not only physical violence but also threats, property damage, stalking, and actions that cause fear of injury. According to the Washington Association of Sheriffs and Police Chiefs, this broad definition led to over 64,554 reported domestic violence incidents in 2023.

Under Washington law, domestic violence must occur between family or household members. This, too, is defined broadly.

It can be:

• Married or formerly married couples
• Adults who live together or previously shared a home
• People who have a child together
• Individuals in dating relationships (current or past)
• Adults related by blood or marriage
• Parents and children

Washington State Mandatory Arrest Requirements

Washington's laws include a mandatory arrest provision that many don't understand until they encounter it. Under RCW 10.31.100(2)(d), police must make an arrest when they have probable cause to believe an assault or the threat of an assault has occurred within the previous four hours.

This law requires officers to evaluate the following:

• Physical evidence of injury
• Statements from all parties involved
• History of domestic violence
• Claims of self-defense
• Likelihood of continued violence

This means an arrest might occur before police officers and sheriff’s deputies fully understand what happened.

Washington Protection Order Laws and Requirements

Protection orders in Washington can significantly impact your life, often before you've had a chance to present your side of the story. These orders are sometimes referred to as “restraining orders”. These can be civil orders or criminal orders. Courts can issue civil protection orders based solely on initial allegations, so understanding your rights is crucial.

Domestic Violence Protection Order (DVPO)

A DVPO is a Temporary Protection Order that can be issued immediately based solely on the alleged victim’s statement, without notice to the accused, lasting up to 14 days. While designed for genuine emergencies, they can sometimes be obtained based on exaggerated claims due to the urgent nature of the proceedings. After a petition is filed, courts can issue temporary orders until a full hearing occurs, where both sides can testify and present evidence. These orders may restrict your access to your home, children, or property based purely on initial allegations. If the final order is not permanent, it can be renewed multiple times.

Domestic Violence No-Contact Criminal Order (DVNCO)

A DVNCO requires that a crime must first be reported to the police. An alleged victim must first report an act of domestic violence, as defined in RCW 10.99.020, to the police, which leads to an arrest or the prosecutor filing criminal charges. If the defendant has been arrested or issued a citation, the alleged victim may ask the prosecutor to request a no-contact order. The prosecutor may ask the court for a no-contact order regardless of the alleged victim’s wishes and before the defendant’s first appearance in court.

Washington State Domestic Violence Penalties

The Washington State Sentencing Guidelines establish the standard sentencing range for domestic violence felonies. The standard range is based on the crime's seriousness and the defendant's criminal history. A judge can impose a sentence outside the standard range if aggravating or mitigating factors exist. The penalties for domestic violence offenses depend on the class of felony and the defendant's criminal history.

Penalties by Felony Class

• Class A: Up to life in prison and a $50,000 fine
• Class B: Up to 10 years in prison and a $20,000 fine
• Class C: Up to 5 years in prison and a $10,000 fine

Assault in the First Degree

• Classification: Class A
• Maximum prison time: Up to life in prison
• Maximum fine: $50,000
• Enhanced penalties for repeat offenders, loss of voting rights, domestic violence treatment, loss of gun rights, mandatory DNA sample, and probation

Assault in the Second Degree

• Classification: Class B
• Maximum prison time: Up to 10 years in prison
• Maximum fine: $20,000
• Enhanced penalties for repeat offenders, loss of voting rights, domestic violence treatment, loss of gun rights, mandatory DNA sample, and probation

Assault in the Third Degree

• Classification: Class C
• Maximum prison time: Up to 5 years in jail
• Maximum fine: $10,000
• Additional requirements: Domestic violence treatment, loss of gun rights, mandatory DNA sample, and probation

Assault in the Fourth Degree (Most Common)

• Classification: Gross misdemeanor
• Maximum jail time: Up to 364 days in jail
• Maximum fine: $5,000
• Additional requirements: Domestic violence treatment, loss of gun rights, mandatory DNA sample, and probation

Protection Order Violations

• First offense: Gross misdemeanor
• Subsequent violations: Class C felony
• Additional consequences if an assault occurs

Washington Firearm Restrictions in Domestic Violence Cases

Washington state law takes one of the nation's strictest approaches to firearms in domestic violence situations. Under RCW 9.41.800, courts must order the immediate surrender of firearms in several domestic violence scenarios.

When a protection order is issued, the court will require the surrender of:

• All firearms
• Any concealed pistol license
• All dangerous weapons
• Any firearms purchasing permits

The law requires compliance within 24 hours by surrendering any weapons to local law enforcement. Law enforcement agencies must provide receipts for all surrendered weapons and verify compliance through database checks and residence searches when authorized.

Failure to comply with firearm surrender requirements is a separate criminal offense. First-time violations are gross misdemeanors, while subsequent violations become felonies. The law also requires courts to verify compliance at follow-up hearings.

Recent Changes to Washington Domestic Violence Laws

The Washington legislature has significantly updated domestic violence laws over the past two years. These changes reflect an evolving understanding of domestic violence and technological advances in enforcement.

Key legislative updates include:

• New electronic monitoring requirements for high-risk offenders
• Expanded definition of cyberstalking and digital abuse
• Enhanced penalties for domestic violence committed in front of children
• Improved information sharing between courts and law enforcement
• Mandatory consideration of coercive control in protection order cases

The state has also strengthened evidence-collection requirements.

Law enforcement must now:

• Document all visible injuries with photographs
• Collect video evidence when available
• Record witness statements immediately
• Preserve digital evidence like texts and emails
• Submit detailed incident reports within 24 hours

Understanding Legal Rights Under Temporary Protection Orders in Washington

Washington law establishes specific rights for both the alleged victim and the accused in domestic violence temporary protection order proceedings. Understanding these rights is crucial for anyone accused of allegations of domestic violence and subject to a temporary protection order.

Protected Party Rights

The law guarantees alleged victims the right to have an advocate present during all proceedings. They can request emergency protection orders at any time of day through law enforcement. Courts must consider safety concerns in all decisions, including child custody arrangements.

Respondent Rights

Those accused maintain important legal protections, including the right to:

• After a Temporary Order is issued, the right to a hearing to dispute the allegations
• Present evidence in their defense
• Cross-examine witnesses
• Appeal adverse decisions
• Modify existing orders when circumstances change

Both parties have the right to:

• Request interpreters if needed
• Bring attorneys to all proceedings
• Access court records
• Request modification of orders
• Appeal court decisions

The law also provides specific procedures for enforcing these rights, including remedies for violations and mechanisms for addressing grievances with the court system.

Don’t Let a Washington Domestic Violence Allegation Destroy Your Future. Call Us Today.

Domestic violence allegations can carry serious consequences in Washington. Understanding your rights and options is crucial for protecting your future. At Marshall & Saunders, we've helped countless clients navigate these complex laws while providing the strong, strategic defense they deserve.

Contact us to discuss your situation with an experienced domestic violence defense attorney.