Domestic Violence
Domestic Violence in Seattle
What is Domestic Violence?
According to Washington State’s RCW §26.50.010, domestic violence is defined as:
- Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
- Sexual assault of one family or household member by another; or
- Stalking of one family or household member by another family or household member.
Stages of a Domestic Violence Case:
The stages of a domestic violence case are as follows:
- Reporting the Violence: Typically, the process of charging a person with domestic violence will begin when the alleged victim or a witness makes a 9-1-1 call to report the crime. When law enforcement arrive at the scene, they will question the parties separately and decide whether there is probable cause for an arrest.
- Arrest: If law enforcement determines that there is probable cause, they will arrest the alleged offender and place him in jail, without bail, for 24-48 hours until he is able to appear before a judge.
- Release: If the prosecutor does not file charges, the alleged offender may be released under certain conditions. The first condition is that charges may be filed in the future. Other conditions may include those imposed by a no contact order.
- Arraignment: If the prosecutor files charges, then the alleged offender will have the opportunity to enter a plea at an arraignment.
- Pre-Trial Conference: A pre-trial conference will take place after the arraignment to allow the judge, the prosecutor, and the defense attorney to confer and evaluate the progress of the case.
- Motions Hearing: After the pre-trial conference, a motions hearing will take place to determine whether the facts and evidence gathered thus far are admissible at trial.
- Readiness Hearing: A readiness hearing will take place before trial to determine whether the parties are ready to move forward with a trial. The discovery and witnesses will be introduced for review.
- Trial: Assuming the case has not yet been resolved, it will move forward to trial and the verdict will be rendered.
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