In Washington State, there is a crime of domestic violence. Rather, domestic violence is a day that points to other crimes, as it is placed in a family or household relationship between the parties. Most countries impose an order of contact that the accused is excluded in a domestic violence ("DV") case, the contact with the alleged victim of the offense. The order will often prohibit contact with the victim's children, home and worktoo.
Family or household
RCW 10.99.020 after (3), is defined by a family or household as follows:
[S] Pous, former spouses, persons who have a child together, regardless of whether they are married or at any time, the people living for adults related by blood or marriage to each other, adults who are currently residing together or living together in the past, people 16 years or older, currently residing together, ortogether in the past and who have or have had a dating relationship, persons of 16 years, residing with a person 16 years or older or had a relationship dating, and people who have a biological or legal parent-child relationship between stepparents and stepchildren and grandparents and grandchildren.
As you can see, this definition is very broad. It 'a lot more inclusive what most people expect it to be. The same applies totypes of crimes that are labeled as "domestic violence". Most people think only of violence, when it comes to domestic violence, but there are many other crimes that can carry the day DV.
Mandatory Arrest
RCW 10.31.100 after (2) (c), an officer must make the arrest, if: the person is 16 years of age and within the last 4 hours has assaulted a family or household, as defined in RCW 10.99.020 and the officer believes that:
(I) An assault is criminalOccurred;
He (II), an attack occurred, which led to the injury of the victim, if the violation by an officer or reaction is not observable, or
(Iii) that any physical action has occurred, should cause another person reasonably fear imminent serious bodily injury or death. Injury means physical pain, illness or impairment of physical condition. When the officer has probable cause to believe that members of the family or household purposes attackedthe other, the officer is not required to arrest both individuals. The officer must arrest the person who the officer believes to be the primary physical aggressor. To be considered in this decision, the officer all reasonable efforts:
(I) The intention of the victims of domestic violence in RCW 10.99.010 to be protected;
(Ii) was added in the comparative measurement of injury or threat of injury and serious concern,
(Iii) the history of domestic violencebetween the people involved.
If you are a crime, arrested on domestic violence, a No Contact Order will strike almost immediately.
No Contact Orders
There are two types of No Contact Orders in Washington State: Pre-Trial and Post conviction. Both types of orders to prevent the defendant from having contact with the alleged victim. However, do not try to avoid the type of victim to have contact with the accused, because only the defendant goes to jailif the order is violated. In other words, the limit, the No Contact Orders only defendant's conduct.
Pre-Trial
Pre-Trial Orders are against the accused (sometimes referred to as defendant) issued before he or she did something wrong is condemned. These contracts may contact between the defendant and the alleged victim of the offense makes the children of the victim, the victim (even if the defendants are the children) at her workplace and the home of the victim (even ifOf the families of those interviewed).
In other words, these orders do not force your children at home and before he has even been convicted of a crime. This is true even if the victim says that nothing happened, or that what has happened has been blown out of proportion.
Investigative measures remain in force until it takes a solution for the criminal case or until a judge him.
Post-Conviction
A No Contact Order may be granted after conviction are the same types ofThe restrictions, which plays a pre-trial order. Post-Conviction Orders are generally good for one year, but may spread when a judge feels that the situation requires it.
Civil Standby
How to Order Contact No, you can travel within their own four walls to exclude the courts are in general you can get a trip home for some clothes and personal items. However, they must be accompanied by a police officer. This process is called "civil standby". You must follow the lawLaw enforcement authority and a standby for the public. However, be aware that this is a low priority for most law enforcement action, so that the civil standby only done when they have time.
Violation of No Contact Order
An intentional violation of an order of contact is a serious offense, which means that you are up to 5,000 a year in prison and a fine of $. Since violation of a domestic violence no contact order is in itself marked a crime of violenceThe violence, the rights to own or possess firearms forfeited on conviction - even though no weapon was used, possessed or used in any way mentioned or contemplated. This applies even if the underlying criminal case, the case will be granted a No Contact Order will be rejected.
That in a public place, including the courthouse, not a defense for violating the order. This means that if the order is made against you, and you see the protected person in a grocery store, you mustto leave. Unintentional contact is not technically against the rules, but you can also go before the judge to defend themselves. In addition to the stress involved, you should spend more money to hire a lawyer.
Even if the victim calls the contact of the respondents may face jail if the order is violated. What I most often in my case is the following scenario:
Two people have a relationship. Something happened and called the police. Because ofsensitivity to all "domestic violence" of the police err on the side of someone charging. A No Contact Order in place, we will discover, with the exception of two people who have contact with each other. It can also be one of them suddenly homeless - but that's another question. The people that people want the problem of the alleged victim and the defendant's contacts does not work and says something to the effect of "I'm sorry that all this happens. Come home, and I do it's worthYour time. "The problem of course is that the defendant, the alleged victim accepts the offer. In general, the legal problems for the defendant shortly thereafter several times as the happy couple celebrate their reconciliation by going to pull only a" slow-and-go "-.. one stop sign or receive some other less traffic infraction, then stopped by the police when the officer detained the running information, the No Contact Order jumps and then arrested the accused in prisonwhere he now faces an additional charge.
The removal of the 'Order
It 'very difficult to remove a pre-trial no contact order as soon as it is in force. Even if the victim comes in and says to the judge that the order is not required, most judges are of the order to leave the room.
One strategy is that the defendant was evaluated by an agency of the domestic violence treatment. If a consultant is willing to tell the judge that the accused is not a danger to the victim if the orderremoved, then the court may order to delete. Treatment Agency would like to get the defendant in the class before making a recommendation to the judge.
Another strategy is to ask the Court to modify any order C0ontact to provide marriage counseling. Some judges require that the contact is allowed only when monitored by a third party resulting from the treatment agency.
Once an order contact has not been modified to allow the contact probation, a judge ratherRemove the following order, unless there is a new problem.
Victims' rights
Most prosecutors have a lawyer of domestic violence. And 'the task of helping the person to understand the victim of a crime of domestic violence, what services are available to them and help them informed as the process moves.
I have seen many cases where the victim wants no contact order in force. If you can time victim advocate in the personuseful.
Most camps have a shape that can fill the alleged victim claimed that the judge drop the contact without work. In my experience, most judges will take the order, even after the demands of the victims who refused. Although the order remains in force after the victim asked, why it was removed, it is still useful because it can be a later attempt to cancel the order to be useful.
Gun Rights
Conviction for a crime called domestic violence makes you loseRight to own or possess firearms. This is a permanent ban.
Example
In one case I had was the man arrested on charges of domestic violence, if during a fight, he threw a bowl in his kitchen sink, is chipping. The argument was heard by a neighbor who called the police. It is when the police came and looked in the sink, she found the severed head and the man arrested for domestic violence criminal damage. There was no claim that her husbandthrew the cup, or even close, his wife. Since Washington is a community property state, both the man and the woman had a stake in the shell, which is chipping from his bowl, damaged property, the husband of another (ie his wife) and was therefore responsible Mischief under harmful. Without a lawyer pleaded her husband (who had no prior criminal) charge guilty. He received a year of no contact order, going home for a year or have preventedno contact with his wife.
The man had contacted a lawyer before pleading guilty, could not have had a conviction at all. Although there is a conviction, a lawyer could help avoid until they have an order of contact.
Copyright (c) 2007 The Cahoon Law Office - All rights reserved.
No comments:
Post a Comment