Washington Domestic Violence Laws

In Washington state, acts of domestic violence can result in criminal penalties, protective orders, mandatory arrests, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Washington addresses domestic violence, what crimes qualify as domestic violence, and the penalties and consequences for harming a family or household member or intimate partner.

What Is Domestic Violence in Washington?

Washington uses different definitions of "domestic violence" depending on whether the matter is civil or criminal. Criminal matters generally involve the police, a government prosecutor, and criminal charges. Civil matters refer to a process where a victim can ask a judge for a protection order prohibiting the abuser from contacting or harming the victim. The definition of domestic violence is broader in civil matters (as noted below in italics).

Definition of Domestic Violence in Criminal Matters

Domestic violence refers to physical harm, bodily injuries, assault, sexual assault, threats of harm, or stalking crimes committed by or against a family or household member or intimate partner, who include:

• current and former spouses and domestic partners
• persons who have a child together
• persons (age 16 or older) who are or were in a dating relationship
• adults related by blood or marriage
• adults who are or were living together, and
• persons who have a biological or legal parent-child relationship, including stepchildren and grandchildren.

Common "crimes of domestic violence" include assault, reckless endangerment, coercion, burglary, criminal trespass, malicious mischief, kidnapping, unlawful imprisonment, violation of a protection order, rape, stalking, and interference with reporting of domestic violence.

(Wash. Rev. Code § 10.99.020 (2024).)

Definition of Domestic Violence in Civil Matters

In civil protection order hearings, domestic violence includes physical harm, bodily injury, assault, sexual assault, threats of harm, coercive control, unlawful harassment, or stalking crimes committed by or against a family or household member or intimate partner, who include:

• current and former spouses or domestic partners
• persons (13 and older) who are or were in a dating relationship
• persons who have a child together
• persons who are or were living together
• persons related by blood, marriage, adoption, or domestic partnership
• parents and children (including biological children, stepchildren, grandchildren, and children of an intimate partner), and
• a person who is or was another's legal guardian.

A victim of domestic violence in any of these relationships can ask a judge for a civil protection order to prohibit the abuser from harming or contacting the victim. The order may also direct the abuser to move out of a shared home and to surrender firearms. A violation of the order is a crime.

(Wash. Rev. Code §§ 7.105.010, 7.105.310 (2024).)

What Are the Penalties for Domestic Violence Crimes in Washington?

While Washington doesn't have a crime that is specific to domestic violence, several crimes impose harsher penalties when a defendant has prior domestic violence-related convictions. Below are common domestic violence charges and penalties.

Assault Crimes and Penalties

Assault is one of the most commonly charged domestic violence crimes. Washington defines assault as an attempt to harm someone, an unlawful touching or striking of another, or the threat of harm against another. A person can be guilty of assault even if the victim suffers little or no injuries. However, the penalties for assault increase when the risk of harm or actual harm inflicted increases.

Assault in the first degree. The harshest penalties apply to assault in the first degree. It's first-degree assault to cause another great bodily harm or to use a firearm, deadly weapon, or an amount of force likely to result in great bodily harm or death. The classic example of first-degree assault involves threatening or using a firearm against another. A person who commits first-degree assault faces penalties for a class A felony.

Assault in the second degree. Second-degree assault involves causing a victim (including an unborn child) substantial bodily harm (such as a broken bone, fracture, or swollen eye). It's also a second-degree offense if the defendant assaults another with a deadly weapon or by strangulation or suffocation. A conviction for second-degree assault carries class B felony penalties.

Assault in the fourth degree. Most other assaults (those involving minor injuries and no weapons) will fall under fourth-degree assault. This assault level carries gross misdemeanor penalties. However, class C felony penalties will apply if this is the person's third or subsequent conviction involving domestic violence.

(Wash. Rev. Code §§ 9A.36.011, 9A.36.021, 9A.36.041 (2024).)

Harassment and Stalking Crimes and Penalties

A person commits the crime of harassment—a gross misdemeanor—by:

• knowingly threatening bodily injury, property damage, physical confinement, or other substantial harm to another, and
• causing the person reasonable fear that the threat will be carried out.

Gross misdemeanor penalties increase to a class C felony if the defendant either (1) threatens to kill the person or (2) has a prior conviction involving the same victim or their family member or any person named in a protection order.

Stalking charges may come into play if the defendant intentionally and repeatedly harasses, follows, tracks, or monitors another and the victim suffers substantial emotional distress or fears for their or another's safety. A conviction can mean class B felony charges if the defendant violated a protective order, was armed with a deadly weapon, or has certain prior convictions. All other violations are gross misdemeanors.

(Wash. Rev. Code §§ 9A.46.020, 9A.46.060, 9A.46.110 (2024).)

Violation of a Domestic Violence Protection Order

A violation of a domestic violence protection order (DVPO) carries gross misdemeanor penalties. Class C felony penalties apply if the violation involved an assault that recklessly created a substantial risk of death or serious physical injury. A third or subsequent protection order violation (involving the same or other victims) also carries class C felony penalties. For any violation, the judge can order electronic monitoring of the defendant to be paid at the defendant's expense.

(Wash. Rev. Code § 7.105.450 (2024).)

Interference With Reporting Domestic Violence

Anyone who commits domestic violence and tries to prevent the victim or a witness from calling 911 or obtaining medical assistance commits a gross misdemeanor offense.

(Wash. Rev. Code § 9A.36.150 (2024).)

Arrest, Bail, and Firearm Restrictions in Washington Domestic Violence Cases

In addition to incarceration and fines, Washington law imposes the following conditions and restrictions for domestic violence cases.

Arrest and Bail in Domestic Violence Cases

Anytime an officer believes a suspect committed domestic violence or violated a DVPO, the officer must arrest the suspect and bring them before a judge. The officer must also seize any weapons or firearms believed to have been used in the offense.

When making pretrial release and bail decisions, the judge should consider imposing a no-contact order or other conditions to protect the victim, including firearm restrictions.

Firearms Restrictions in Domestic Violence Cases

As noted above, pretrial release conditions can include the loss of the suspect's right to possess a firearm. Washington law also authorizes judges to include firearm restrictions when entering DVPOs. Once a permanent DVPO is entered, state and federal laws prohibit the defendant from having a gun.

The law also prohibits firearm possession by anyone with a felony conviction or a domestic violence-related misdemeanor or gross misdemeanor conviction. A violation under state law is a class B or C felony. Federal penalties may also apply.

(Wash. Rev. Code §§ 7.105.310, 9.41.040, 10.99.030, 10.99.045 (2024).)

Obtaining Legal Assistance

If you're charged with a crime involving domestic violence or served with a protection order, contact a Washington criminal defense attorney. An attorney can tell you what to expect and help you navigate the criminal justice system.