August 5, 2017 Charges of domestic violence often arise during divorce, child custody, and other types of family court proceedings. Those accused can face serious criminal penalties, including fines and jail time, in addition to being denied rights to their home or property and facing restrictions in terms of being able to see their children. Domestic Violence Charges In Washington Under Chapter 10.99 of the Revised Code of Washington (RCW), domestic violence consists of acts committed against family or other household members, including spouses, children, parents, or anyone living within the home. These acts may include: Causing physical harm or bodily injury; Making threats, either in person or by other means of communication; Stalking and harassing; Sexual assaults; Kidnapping and physical restraint. As the result of accusations against you, the Washington Courts may issue a restraining or protective order, preventing you from returning home or having any contact with family members. You may be denied rights to children while being ordered to pay support. In many cases, accusations you face can be used against you in divorce and child custody proceedings. For these and other reasons, false allegations of abuse are not uncommon. Criminal Penalties for Domestic Violence In addition to the loss of your rights, accusations of domestic violence could result in criminal charges. If you are charged with a crime such as stalking, harassment, and assault or battery, you will face additional penalties due to the fact that the situation involved people living in your home. Under RCW 10.99.100, when considering sentencing associated with misdemeanor or felony charges, factors that could influence penalties upon conviction include: Any previous conviction or past patterns of domestic violence; Whether domestic violence against a spouse or partner occurred in the presence of children; Whether the alleged abuse occurred over a long period of time. If you have been falsely accused of domestic violence, it is important to speak with an attorney immediately, rather than attempting to resolve the issue on your own with the person making the accusation. Any actions you take could be used against you, and if there is a restraining order, you will be subject to immediate arrest. We Are Here To Help Contact the Nahajski Firm and speak with our criminal defense attorney to discuss the best course of action in your case. We offer a free consultation to clients in the Seattle and Puget Sound areas, so do not hesitate. Call or contact our office online today 206-621-0500.