Assault charges are very serious criminal cases. One of the biggest challenges is fighting the No Contact Order once a person is arrested for Assault 4 with the special allegation of domestic violence. The cost to the person accused, as well as the entire family, can be overwhelming.
If you are arrested for assault against a family member, friend, or roommate, you will be required to stay away from the victim—even if the victim lives in your home or apartment. The prosecutor and judge do not care whether you have no other place to stay. Any attempt to return to the home or have contact with the victim will likely result in an additional criminal charge.
Often, assault charges that involve family members are misunderstandings. Arguments might get out of hand and someone throws something, slaps another, or shoves a family member. All of those behaviors can be considered assault. Once the police arrive, if an assault has occurred, law enforcement must arrest the alleged perpetrator.
Washington law requires a mandatory arrest in most domestic situations where an assault or threat of assault has taken place. This arrest will lead to criminal charges. Once arraigned on the Assault charge, a No Contact Order will be put in place and the alleged person is not allowed to return to the home or location where the victim lives. However, in rare circumstances, this can be avoided if you have legal counsel involved early in the process. It is unusual but you should always contact an experienced criminal defense as soon as law enforcement is involved and, ideally, before the arrest has been made.
In retrospect, many people wish that they had never called the police. But once the call is made, and an arrest has been made, there is no going back. Get an attorney on board early on so that you, and your loved one, have the ability to advocate for your selves. Many “victims” in these cases feel like they are actually being victimized by the prosecuting attorney and the court. If you are interested on more info about Assault charges, and why you need an attorney prior to your arraignment, click the box below: