What is the Washington Domestic Violence Trial Process?

Facing charges in a domestic violence case can be a profoundly unsettling experience, affecting every part of your life from your relationships to your freedom. If you find yourself navigating the criminal justice system, understanding the domestic violence trial process is crucial to protect your best interests.

Washington’s criminal justice system is complex, and each step carries significant implications for the outcome of your case. Below, we’ll walk through the essential stages of the Washington domestic violence trial process so that you can understand what to expect next.

Step #1: Arrest and Arraignment

The process typically begins with an arrest, which can occur if Washington law enforcement officers have probable cause to believe domestic violence has taken place. Once arrested, you may be taken to a police station for booking, a process that includes fingerprinting and taking a mug shot. Following your arrest, you’ll face arraignment, which is an initial court appearance where you’re formally charged and asked to enter a plea.

At the arraignment, you can either plead guilty, not guilty, or no contest. It is common for defendants to plead not guilty here, allowing you time to consult with an attorney and consider your defense strategy. However, it is important to speak with a criminal defense lawyer before entering a plea at your arraignment, as this stage sets the tone for the rest of your legal journey.

Step #2: Issuance of Protection Orders

In domestic violence cases, the court often issues protection orders aimed at safeguarding the alleged victim. These orders can significantly restrict your actions, prohibiting contact with the victim and possibly affecting your living situation and access to children. Violating a protection order can lead to additional criminal charges, so it is important to adhere to the terms very closely.

Petitioners only need to prove that the domestic violence most likely occurred to receive a protection order. This means that they are easier to obtain than a criminal conviction, which requires evidence beyond a reasonable doubt. Regardless of the merit of the order, it is important to comply with its terms to prevent further legal complications.

Step #3: Pre-Trial and Motion Hearings

Next, you will enter the pre-trial phase of your case. These proceedings typically involve several hearings, where your defense attorney and the prosecution discuss the merits of the case, share evidence, and argue pre-trial motions. These motions can address the admissibility of evidence, seek to dismiss charges due to legal technicalities or request other court actions beneficial to your case.

Having an experienced attorney during this stage is crucial. They can challenge the prosecution’s evidence, negotiate for reduced charges, or even argue for the dismissal of your case based on procedural errors or violations of your rights. Your attorney will also use this time to prepare a defense strategy, exploring all options for a favorable outcome.

Step #4: Scheduling of the Trial Date

After the pre-trial phase, a trial date will be set. The time leading up to the trial is a period of intense preparation, where both sides solidify their arguments, gather evidence, and engage in plea negotiations. 

This phase is crucial for developing a robust defense strategy, often involving the examination of witness statements, forensic evidence, and any mitigating factors that could influence the trial’s outcome. It is important to work closely with your lawyer to ensure that your side of the story is thoroughly prepared and compellingly presented.

Step #5: Negotiations with the Prosecution

If your attorney believes that it is in your best interests, you may negotiate with the prosecutor in your case. These negotiations can happen at various stages but often take place after charges have been filed and before the trial begins. The primary goal is to reach a plea agreement that can result in reduced charges or a lesser sentence, potentially avoiding the uncertainty of a trial.

Your defense attorney will leverage their knowledge of the law and the specifics of your case to argue for the best possible outcome. Depending on the circumstances of your case, your lawyer can seek to minimize the consequences you face. They may focus on alternatives to incarceration, such as probation, anger management programs, or community service.

Step #6: Trial, Sentencing, and Appeal

The trial is the culmination of the legal process, where both the prosecution and defense present their cases to a judge or jury. During a domestic violence trial, evidence is examined, witnesses are called, and after deliberation, the jury will reach a verdict. To be found guilty of a crime, the evidence must prove beyond a reasonable doubt that the domestic violence occurred. 

If you are found guilty, the sentencing phase will determine the penalties you face, which can range from fines and community service to imprisonment. You may need to attend a separate hearing where the judge will outline the consequences of the domestic violence conviction.

However, the legal journey doesn’t necessarily end with sentencing. If there are grounds to believe that legal errors influenced the trial’s outcome, your attorney may file an appeal on your behalf. An appeal is a request to a higher court to review and change the decision of a lower court. The appellate process is complex and requires a thorough understanding of legal principles, but your defense attorney can guide you through these proceedings.

You Need a Domestic Violence Defense Attorney on Your Side

The journey through the criminal justice system is fraught with challenges, but understanding the process and having the right defense attorney by your side can make a significant difference. A Washington domestic violence defense attorney can help protect your rights, navigate the complexities of the law, and work toward a resolution that allows you to move forward with your life.

Navigating the domestic violence trial process without representation can be detrimental to your future and your freedom, so it is important to seek legal guidance as soon as possible. After your arrest, do not speak to law enforcement or answer any questions. Instead, contact a Tacoma domestic violence lawyer who can protect your rights and guide you through every step of your case.