Facing a domestic violence charge is a serious situation, but the stakes are even higher if you’re already on probation in Washington State. Understanding how an arrest for domestic violence while on probation affects your case is crucial for navigating the legal process and protecting your future.
At LaCross & Murphy, our domestic violence attorneys in Washington are dedicated to defending clients facing probation violations and domestic violence charges. We know how the legal system works in Washington and are committed to protecting your rights.
In this blog, we’ll explain what happens if you’re arrested for domestic violence while on probation and how working with an experienced criminal defense attorney can help minimize the consequences.
What Happens If You’re Arrested for Domestic Violence While on Probation?
Probation in Washington is a period during which a convicted individual must follow court-ordered conditions instead of serving a full jail sentence. These conditions often include:
- Regular check-ins with a probation officer
- Completing community service
- Avoiding new criminal activity
Any violation of these conditions—including an arrest for domestic violence—is considered a probation violation. Here’s what you can expect:
1. Immediate Arrest
Being arrested for a new crime, including domestic violence, is automatically considered a violation of your probation terms. This could lead to your immediate arrest, and in some cases, you may be held without bail until your probation violation hearing.
2. Probation Violation Hearing
After your arrest, you’ll face a probation violation hearing. The court will determine whether you violated your probation terms. The burden of proof for a probation violation is typically lower than that required for a criminal conviction. This means that even if your domestic violence case is dismissed, the court could still find you in violation of probation.
Potential Consequences for Probation Violation
Violating probation can lead to severe penalties, including:
- Revocation of probation: You may be required to serve the remaining portion of your original sentence in jail.
- Extended probation: The court may lengthen your probation with stricter conditions.
- Increased penalties: You may face added fines, more community service hours, or other punitive measures.
Having a seasoned criminal defense attorney by your side is crucial during this time. We can advocate on your behalf, negotiate with prosecutors, and work to reduce the impact of the probation violation on your case.
Washington State Domestic Violence Laws
In Washington, domestic violence encompasses a wide range of actions, including:
- Physical harm
- Threats
- Stalking
- Harassment
These actions are considered domestic violence when they occur between family or household members. Understanding how the state defines domestic violence is critical because it influences the severity of the charges you face.
Common Domestic Violence Offenses in Washington
Domestic violence in Washington is not limited to physical confrontations. Some common domestic violence offenses include:
- Assault: Intentional harm or threat of harm to another person.
- Harassment: Repeated threats or actions that cause fear for someone’s safety.
- Stalking: Following or repeatedly contacting someone in a way that causes fear.
- Violation of a protection order: Ignoring a court-issued protection or restraining order.
These offenses can be charged as misdemeanors or felonies, depending on the circumstances. Even a misdemeanor charge can have severe consequences if you’re already on probation.
How Domestic Violence Affects Probation in Washington
A domestic violence arrest while on probation impacts both your probation status and the new domestic violence case. Here’s how:
1. Impact on Current Probation
A new arrest likely results in a probation violation. However, the court’s response depends on factors such as:
- The nature of the new charge: Domestic violence is a serious charge, and courts are less likely to be lenient with probationers facing such allegations.
- Your probation history: Previous violations or compliance with probation can influence the court’s decision.
- The terms of your probation: If your probation terms require you to avoid contact with the alleged victim, this will weigh heavily in the court’s ruling.
A skilled attorney can help demonstrate your compliance with probation up until this point, potentially reducing the severity of the violation.
2. Impact on the New Domestic Violence Charge
In addition to the probation violation, you’ll face a new domestic violence charge. Domestic violence cases in Washington often come with enhanced penalties, particularly for repeat offenders. Some potential penalties include:
- Mandatory jail time: Even for first-time offenders, domestic violence charges often include jail time.
- Fines: Convictions can result in steep fines.
- Protection orders: The alleged victim may request a protection or no-contact order, complicating your situation if it affects your living arrangements or child custody.
Having an attorney experienced in both domestic violence and probation violations is crucial for building a strong defense.
Defending Against Domestic Violence Charges While on Probation
Facing domestic violence charges while on probation requires a defense strategy that addresses both the new charge and the probation violation. Common defense strategies include:
1. Challenging the Evidence
Domestic violence cases often rely on the alleged victim’s testimony, which can sometimes be exaggerated or inaccurate. Your attorney can challenge the credibility of the evidence, presenting your side of the story. This could include questioning witness statements, providing alibi evidence, or highlighting inconsistencies in the prosecution’s case.
2. Self-Defense
If you acted in self-defense during the alleged incident, your attorney could argue that you were protecting yourself from harm. In Washington, self-defense is a valid defense if you can show that your actions were necessary to prevent immediate danger.
3. Negotiating for Lesser Penalties
In some cases, your attorney may be able to negotiate with the prosecutor to reduce the charges or penalties. This is especially important for probation violations, as avoiding jail time is often a top priority. Alternatives like anger management courses or community service may help minimize the impact of the charges.
At LaCross & Murphy, we have extensive experience helping clients navigate the complexities of domestic violence cases, especially those involving probation violations. Our goal is to protect your rights and help you achieve the best possible outcome.
Contact Our Domestic Violence Attorneys at LaCross & Murphy Today
Being arrested for domestic violence while on probation in Washington is a serious matter that can result in jail time, probation revocation, and other penalties. However, with a strong defense strategy, you can protect your rights and work toward a favorable outcome.
At LaCross & Murphy, our defense attorneys understand the intricacies of probation violation hearings and domestic violence charges. We’ll guide you through every step, work to reduce or dismiss charges and negotiate to avoid the harshest penalties.
Contact us today at 360-447-9365 to get started on your defense.
