Bremerton, Washington Domestic Violence Attorney Thomas Weaver
Before You Talk to the Police, Talk to Tom.
Many people understand the consequences that immediately follow a conviction for domestic violence, such as fine, jail time and probation. However, the long-term consequences are even more serious. You will face a no-contact order with the most significant person in your life. The no contact order will be for at least two years, possibly significantly longer. You will have to move out of the house immediately – even if your wife or partner opposes the action. Many couples are forced into the position of working out their relationship without being able to see each other.
At the Law Office of Thomas E. Weaver, I understand both the long-term as well as the short-term consequences of a domestic violence arrest. My goal is to minimize the effect of the arrest on your life now and in the future.
Ask a prosecutor in Washington whether domestic violence assault is different from a garden variety assault and most will answer in the negative. They will point out that the standard legal definition of assault is a “harmful or offensive touching” and say that the relationship of the “victim” to the “perpetrator” of the touching is immaterial. And most judges would agree. But this superficial analysis of domestic violence fails to take into account the realities of both the nature of families and of trial strategies.
Despite the rhetoric that a domestic violence assault is a “harmful or offensive touching” just like any other assault, it is not. It may be stating the obvious, but it deserves to be emphasized that domestic violence is different because it is “domestic.” Stated another way, there is a pre-existing relationship that has been molded and shaped by months and years of interacting. By the time most couples find themselves in court facing criminal charges, their lives are totally intertwined in every way that humans entangle themselves: sexually, socially, emotionally, financially. Many couples have children with whom they share parenting responsibilities.
Bolstered by their perception that “victims” of domestic violence are unable or unwilling to protect themselves from abuse, prosecutors and the courts justify the imposition of no contact orders against the wishes of the victim. It also causes many prosecutors to try cases where the victim is uncooperative, recanting, or even antagonistic to the State’s case. Ironically, this leads many real victims to come to the conclusion that the police, prosecutors, and courts are not acting in their best interest and may cause them to hesitate when faced with real danger.
It must be emphasized that there are instances when domestic partners are placed in genuine danger by their partner. Society should never condone the infliction of substantial bodily harm or death between domestic partners. But the majority of cases that find themselves in the Washington courts do not rise to this level. At the Law Office of Thomas E. Weaver, I will make every effort to challenge the prosecutors and courts as they attempt to impose criminal penalties. In particular, I will make every effort to reconcile couples who wish to reconcile but are prevented from doing so by the involuntary imposition of no contact orders. As an experienced appellate lawyer, I will always look for technical defenses in a way that will benefit your case.
