Domestic Assault and Restraining Orders
Tacoma, Washington, Criminal Defense Lawyer
There are two parts to a domestic violence accusation — the criminal assault charges and the possibility of a permanent protective order. The first can result in jail and other consequences. The second can tear your family apart or keep you from your children.
It is important to act quickly to avoid putting yourself in a worse situation. Before you make a statement to the police, contact the law office of Leslie E. Tolzin, Attorney at Law. I will respond aggressively to seek to prevent the allegations from ruining your life.
Domestic Violence/Spousal Abuse
A conviction for any crime with a domestic violence allegation can be attached to any criminal charge, and can lead to additional penalties or consequences for the defendant.
Domestic violence is defined as essentially any crime against any family or household member by another. A household member is defined, in the Revised Code of Washington section 10.99.020, as spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
A domestic violence charge does not necessarily involve physical injury. It can be a punch, slap or kick, but also might be charged for shoving, threatening gestures or verbal threats. You may face jail or prison. If convicted, you will be prevented from owning or possessing firearms. A conviction can also affect your employment or joint custody of your kids.
Do you have a self-defense claim? Who called police and what did they think they saw or heard? Is the victim making it up or exaggerating events? I work to get assault charges dismissed or reduced, or I try to negotiate alternative penalties such as a deferred sentence, probation or counseling.
Restraining Orders
When police are called, one party will most likely be arrested. A judge will issue a temporary restraining order that mandates no contact with the victim or children. It is critical to adhere to the conditions of the order to avoid the additional criminal charges of a restraining order violation — even contacting the victim to apologize will hurt your case.
If the victim or prosecutor seeks a permanent restraining order, you will have an opportunity to present your side of the story at a hearing. I will be there with you to argue against the permanent order. If you do not have a history of violence, or if there is evidence that the accusation was made for leverage in a child custody or divorce case, I will make sure the court considers that information.
I understand what's at stake, and I will fight for your rights. I have 18 years of experience in criminal defense in Tacoma, Pierce County, Thurston County and King County. Call me immediately at 253-274-9441 for a free initial consultation.
