Melvin & Torrone

Criminal Defense — Domestic Violence

Domestic Violence Lawyers in Tacoma

A domestic violence accusation sets off a cascade of consequences that devastate every aspect of your life — often within hours. You're arrested and taken to jail. At your first court appearance, a no-contact order is issued, immediately evicting you from your home and prohibiting all communication with the alleged victim. If you have children together, you lose contact with them too. If convicted, you permanently lose your right to own firearms — even for a misdemeanor.

Melvin & Torrone, PLLP defends clients facing domestic violence charges throughout Pierce County. Our Tacoma domestic violence lawyers understand Washington's mandatory arrest policies, no-contact order procedures, the lifetime firearms prohibition, and the devastating intersection between DV criminal cases and family court proceedings. We've defended hundreds of domestic violence cases — from assault to stalking to violation of protection orders — and we've won dismissals, acquittals, and reductions that preserved our clients' rights, freedom, and families.

Domestic violence charges don't always mean domestic violence occurred. We fight false accusations, defend those who acted in self-defense, and ensure the system treats you fairly.

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Domestic violence defense attorney in Tacoma

Why Choose Melvin & Torrone for DV Defense?

Domestic violence cases require attorneys who understand both criminal law and family law, who can navigate the intersection between these two systems, and who recognize that DV charges are often weaponized in custody and divorce battles.

Our dual practice in criminal defense and family law is essential for DV cases — we defend you in criminal court while protecting your interests in divorce, custody, and protection order proceedings.

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Dual Criminal/Family Law Practice

We handle DV criminal charges AND family court cases (divorce, custody, protection orders). What we say in one case doesn't hurt the other.

Hundreds of DV Cases Defended

Extensive experience defending domestic violence charges in Pierce County — from assault to stalking to violation of protection orders.

Trial Experience

We try DV cases to verdict — not guilty verdicts, dismissals after suppression. Prosecutors know we fight.

False Accusation Defense

We expose fabricated allegations in custody disputes — timing, motive, lack of evidence, and inconsistent statements.

Self-Defense Advocacy

We present compelling self-defense cases with evidence and expert testimony for clients who were actually the victim.

Firearm Rights Protection

We fight for dismissals and non-DV reductions to preserve gun rights — critical for law enforcement, military, and anyone who owns firearms.

Protection Order Litigation

We contest DVPOs at full hearing and help victims obtain protection. We handle both sides.

No-Contact Order Modifications

We secure modifications allowing child contact and communication when no-contact orders separate you from your family.

Local Court Knowledge

Daily practice in Pierce County courts — relationships with prosecutors, judges, and familiarity with how DV cases are handled locally.

Compassionate Counsel

We understand DV cases are emotionally charged. We provide support while fighting hard for the best possible outcome.

What Qualifies as "Domestic Violence" in Washington

Domestic violence isn't a separate crime — it's a designation applied to existing crimes when the alleged victim is a family or household member. Any crime can be charged as domestic violence if the relationship qualifies, triggering special procedures, enhanced penalties, and unique collateral consequences.

Domestic Relationships (RCW 10.99.020) +

Family or household members include:

  • Spouses and former spouses (current marriage or previous marriage)
  • Domestic partners (state-registered or former)
  • Adults related by blood or marriage (siblings, parents, adult children, in-laws, step-relatives)
  • Adults or teens who are dating or who have dated (current or former romantic/sexual relationship)
  • Adults who have a child in common (regardless of marital or relationship status)
  • Adults who live together or who used to live together (current or former cohabitants, roommates)
  • People 16 years or older with family relationship (teen dating violence)

The breadth of these definitions means that arguments with ex-spouses from decades ago, conflicts with former roommates, disagreements with adult siblings or in-laws, and disputes between ex-dating partners can all be prosecuted as domestic violence if they involve criminal conduct. The relationship doesn't need to be current — even if you haven't seen your ex-girlfriend in five years, an altercation with her today qualifies as domestic violence.

Crimes Commonly Charged as Domestic Violence +

Assault (All Degrees) – DV

  • Assault 4th Degree – DV (most common)
  • Assault 2nd Degree – DV (felony — substantial bodily harm or weapon)
  • Assault 3rd Degree – DV (felony)
  • Assault of a Child – DV

Harassment – DV

  • Threats or repeated unwanted contact causing fear
  • Phone calls, texts, in-person confrontations

Stalking – DV

  • Repeatedly following or harassing causing fear
  • Surveillance-type behavior

Malicious Mischief – DV

Damaging victim's property (breaking phone, punching holes in walls, keying car, destroying belongings)

Other DV-Designated Charges

  • Burglary – DV: Entering victim's home unlawfully (even if you used to live there)
  • Reckless Endangerment – DV: Creating substantial risk of death or serious injury
  • Violation of No-Contact Order: Contacting victim in violation of court order (separate crime; serious penalties)
  • Violation of Protection Order: Violating DVPO, anti-harassment order, or sexual assault protection order
  • Custodial Interference – DV: Taking children in violation of custody order
  • Criminal Trespass – DV: Refusing to leave victim's home when ordered

Mandatory Arrest Policy: Why Both Parties Often Get Arrested

Washington law requires police to arrest when they have probable cause to believe domestic violence occurred, creating situations where both parties get arrested even when one was clearly acting in self-defense or when the situation involved mutual combat.

RCW 10.99.030: Mandatory Arrest Law +

When police respond to a domestic violence call:

Officers must arrest if:

  • Probable cause exists to believe person committed assault, AND
  • Alleged victim is family or household member (domestic relationship)

Officers must make arrest even if:

  • Alleged victim doesn't want to press charges
  • Alleged victim recants or minimizes
  • No visible injuries
  • Both parties claim the other was aggressor

The policy aims to protect domestic violence victims who might be too frightened or intimidated to seek arrest of their abusers, but it also results in arrests in situations where arrest is unjustified or where the true victim gets arrested alongside or instead of the aggressor.

Dual Arrest (Both Parties Arrested) +

Occurs when:

  • Both parties have visible injuries or claim to be victims
  • Officers can't determine who was primary aggressor
  • Both parties admit to physical contact
  • Conflicting stories with no clear corroboration

Result:

  • Both parties charged with Assault 4th – DV
  • Both have no-contact orders against each other
  • Both lose access to shared home
  • Housing and childcare crisis for families

Primary aggressor determination:

Officers are supposed to determine who was the primary aggressor (initial aggressor, person who poses greater threat) and arrest only that person, but in practice, officers frequently arrest both parties when there's any uncertainty.

Factors officers consider:

  • Who has injuries (though defensive injuries can make victim appear guilty)
  • Comparative severity of injuries
  • Prior DV history
  • Threats made
  • Fear level of each party
  • Who called 911
  • Protective orders in effect

Our defense challenges dual arrests:

  • Present evidence you were victim acting in self-defense
  • Show other party was aggressor
  • Expose officer's failure to properly assess situation
Why Police Arrest Even When the Victim Doesn't Want Charges +

The victim has no control over the charging decision:

  • The state brings charges (you're prosecuted by the government, not the victim)
  • Prosecutors can proceed without victim's cooperation
  • Policy assumes victims may be coerced into not pressing charges

Evidence used when victim is uncooperative:

  • 911 call recordings (excited utterance; victim's initial report often most damaging)
  • Police body cam and dash cam footage
  • Photos of injuries and scene
  • Officer's observations (victim's demeanor, injuries, fear)
  • Witness statements (neighbors, children, others present)
  • Text messages, voicemails before or after incident

No-Contact Orders: Immediate Separation

Within hours of your arrest, even before you've been convicted or had any opportunity to present your defense, a no-contact order destroys your living situation and access to your children.

Pretrial No-Contact Orders +

Issued at arraignment (first court appearance, typically within 48 hours of arrest).

Terms:

  • No contact whatsoever with alleged victim
  • No in-person contact
  • No phone calls, texts, emails, letters
  • No social media contact or messages
  • No contact through third parties (friends, family)
  • No going near victim's residence, workplace, school, childcare, or frequented locations

Violation = new criminal charge:

  • Violation of No-Contact Order
  • Gross misdemeanor (up to 364 days jail) or Class C felony (if prior violations)
  • Prosecutors aggressively charge violations
Housing Crisis +

If you and the alleged victim live together:

  • You must leave immediately (even if you own the home, pay the rent, your name is on the lease)
  • Alleged victim gets to stay
  • You must find alternative housing (family, friends, shelter, hotel)
  • Cannot return to retrieve belongings without police escort
  • Financial burden (maintaining household expenses while paying for separate housing)

No exceptions:

  • Court won't modify no-contact order just because you have nowhere to go
  • Claiming you "need" to go home results in violation arrest
Child Contact Restrictions +

If you have children with the alleged victim:

  • No-contact order typically prohibits contact with children (if they live with alleged victim)
  • You lose contact with your children immediately
  • Cannot pick up from school, attend activities, call or text

Modification possible:

An attorney can request modification allowing:

  • Supervised exchanges of children (public place, third-party present)
  • Communication about children through third-party apps (TalkingParents, Our Family Wizard)
  • Supervised parenting time (if children not alleged victims)

But judges are cautious — modifications often denied initially, granted only after you've shown compliance, completed treatment, or the victim requests modification.

When the Victim Wants to Resume Contact +

The victim can't unilaterally drop the no-contact order:

  • Only the court can modify or terminate the order
  • Victim contacting you doesn't make the order go away
  • If victim initiates contact and you respond, you're in violation (even though victim wanted contact)

Mutual violations:

  • Both parties violate order (both contact each other)
  • Typically only the defendant gets charged (victim rarely charged even if they initiated)

To modify the order:

  • Victim (through attorney) or defendant (through attorney) files motion to modify
  • Hearing held
  • Judge decides whether to modify, lift, or keep order in place
  • Factors: safety, victim's wishes, circumstances of case, defendant's compliance

Lifetime Firearms Prohibition

The single most devastating collateral consequence for many domestic violence defendants is the permanent loss of gun rights that results from any domestic violence conviction, including misdemeanors.

Federal Law: Lautenberg Amendment (18 U.S.C. § 922(g)(9)) +

Prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.

Applies to:

  • Any DV misdemeanor (assault, harassment, stalking, malicious mischief — anything)
  • Convictions before or after 1996 (when law enacted)
  • Lifetime prohibition (no expiration, no restoration path under federal law)

No exceptions for:

  • Law enforcement officers (federal and state)
  • Military personnel (active duty or reserves)
  • Security guards
  • Any profession requiring a firearm

Career-ending for:

  • Police officers (can't carry duty weapon)
  • Sheriff's deputies
  • Border Patrol, federal agents
  • Military (can't carry service weapon — discharge likely)
  • Security professionals
  • Corrections officers (in many jurisdictions)
Washington State Law (RCW 9.41.040) & Surrender Requirements +

Washington also prohibits firearm possession after DV convictions:

  • Immediate surrender of firearms (within days of conviction)
  • Surrender order included in judgment and sentence
  • Must provide proof of surrender or sale
  • Failure to surrender = separate crime (gross misdemeanor or felony)

Upon conviction:

  • Court issues surrender order
  • You have 5 business days to surrender all firearms to law enforcement or a licensed dealer
  • File proof of surrender or sale with court
  • Cannot transfer to family member (they can't possess on your behalf)

Inventory:

  • Court may require sworn statement listing all firearms you own
  • Lying on inventory = perjury, contempt
Restoration of Gun Rights (Limited) +

Federal prohibition has NO restoration path for misdemeanors (felonies can sometimes be restored; misdemeanors cannot).

Washington allows restoration in very limited circumstances:

  • After 5+ years
  • No new convictions
  • Petition court
  • Court grants (discretionary)
  • But federal prohibition remains (state restoration doesn't override federal law)

Practical reality: DV conviction = permanent loss of firearms for life in most cases.

Why This Matters to Our Defense Strategy

For clients whose careers depend on guns, we fight for:

  • Dismissal (only outcome that fully preserves gun rights)
  • Reduction to non-DV offense (simple assault, disorderly conduct, harassment without DV designation)
  • Deferred prosecution or SOC (if successful, no conviction = gun rights preserved)

Common Domestic Violence Charges

Understanding the specific elements of each DV charge helps identify defenses and evaluate the prosecution's evidence.

Assault 4th Degree – Domestic Violence +

Most common DV charge (gross misdemeanor).

Elements

  • Intentional harmful or offensive touching of family/household member, OR
  • Placing family/household member in apprehension of harmful contact

Examples

  • Pushing during argument
  • Slapping, grabbing, hitting
  • Spitting on victim
  • Throwing objects (hitting victim or creating fear)
  • Blocking victim's exit from room
  • Grabbing phone from victim's hand

No injury required — unwanted touching alone is sufficient.

Penalties

  • Up to 364 days jail (first offense: typically 1-30 days, often suspended if complete treatment)
  • Fines up to $5,000
  • Mandatory DV treatment (26-52 weeks; cost: $1,300-$2,600)
  • Probation (1-2 years)
  • No-contact order
  • Firearm prohibition (lifetime)
Assault 2nd Degree – Domestic Violence +

Felony DV charge (Class B felony, Level VI on sentencing grid).

Elements

  • Intentionally assaulting family/household member causing substantial bodily harm, OR
  • Assault with deadly weapon

"Substantial Bodily Harm" Means

  • Fractures, broken bones
  • Wounds requiring stitches
  • Concussion
  • Loss of consciousness
  • Impairment of physical function
  • More than transient pain or minor bruising

Strangulation (RCW 9A.36.031)

  • Intentionally impeding normal breathing or blood circulation by applying pressure to throat/neck
  • Class C felony (can be charged as Assault 2nd or separate strangulation charge)
  • Taken very seriously (high lethality predictor; strangulation victims 750% more likely to be killed later)

Penalties

  • Prison time: 3-9 months (first offense) to 5+ years (prior record)
  • Substantial fines
  • DV treatment
  • Long-term probation/community custody
  • No-contact order
  • Firearm prohibition
Harassment – Domestic Violence +

Elements

  • Knowingly threatening harm to person or property of family/household member
  • Threats or conduct placing reasonable person in fear

Examples

  • "I'm going to kill you"
  • "I'll burn your house down"
  • Threatening texts, voicemails
  • Threatening gestures (raised fist, simulating violence)

Gross misdemeanor (up to 364 days jail).

Defense

  • Not a "true threat" (hyperbole, venting, conditional statement)
  • First Amendment (protected speech)
  • Victim unreasonably fearful (threat not credible)
Stalking – Domestic Violence +

Elements

  • Intentionally and repeatedly followed, harassed, or contacted family/household member
  • Knew or should have known conduct caused fear, intimidation
  • "Repeatedly" = more than one occasion

Examples

  • Showing up at victim's home, workplace multiple times uninvited
  • Following victim in vehicle
  • Waiting outside victim's locations
  • Repeated unwanted contact after told to stop
  • Surveillance-type behavior

Gross misdemeanor (up to 364 days jail).

Defense

  • Contact was about legitimate issues (children, property, shared financial matters)
  • No intent to cause fear
  • Conduct not objectively threatening or harassing
Malicious Mischief – Domestic Violence +

Intentional property damage:

Examples

  • Breaking victim's phone (during argument, to prevent calling police)
  • Punching holes in walls
  • Breaking dishes, furniture
  • Keying victim's car
  • Destroying victim's clothing, belongings

Degree Depends on Value

  • Under $750: Gross misdemeanor
  • $750-$5,000: Felony

Why charged as DV:

  • Property destruction often occurs during DV incidents
  • Breaking phone to prevent 911 call shows dangerousness
  • Destruction of victim's property is control tactic
  • Penalties include firearm prohibition (even for property crime)
Violation of No-Contact Order / Protection Order +

Separate crime from underlying DV offense.

Charged When

  • You contacted victim in violation of court order (pretrial no-contact, DVPO, anti-harassment order)
  • Went near victim's home, workplace in violation of order
  • Any contact — phone, text, email, social media, third-party messages

Penalties

  • First violation: Gross misdemeanor (up to 364 days jail)
  • Second or subsequent violation: Class C felony (up to 5 years prison)

Common Scenarios

  • Victim initiates contact; you respond (still violation — you're responsible for compliance even if victim contacts you first)
  • Accidental contact (ran into victim at store, event)
  • Emergency (child sick; needed to contact about children)
  • Mutual agreement to violate (both parties want to resume relationship; both violate order)

No "emergency" or "mutual agreement" exception — violation is violation.

Defense

  • Order wasn't served on you (didn't know about it)
  • Contact wasn't "knowing" (accidental, unavoidable)
  • Victim's testimony that contact was initiated by them and consensual (helps but doesn't guarantee dismissal)

Unique Features of DV Prosecutions

Domestic violence cases are handled differently than other criminal cases, with special units, victim advocates, and policies that make these cases particularly difficult to defend.

Specialized DV Prosecution Units +

Most Pierce County jurisdictions have specialized domestic violence units:

Prosecutors assigned to DV unit:

  • Trained in trauma-informed prosecution
  • Understand dynamics of abusive relationships
  • Use "evidence-based prosecution" (proceed without victim cooperation)

Victim advocates:

  • Support alleged victims throughout process
  • Encourage prosecution
  • Connect victims with resources (shelters, counseling, civil protection orders)
  • Advocate for harsh sentences
Evidence-Based Prosecution (Victimless Prosecution) +

Prosecutors build cases without victim testimony using:

  • 911 Call Recordings: Victim's initial report (often most damaging evidence), background sounds, dispatcher's questions and victim's responses. Excited utterance exception to hearsay (statements made in heat of moment admissible even if victim doesn't testify).
  • Police Body Cam/Dash Cam: Victim's statements to police at scene, visible injuries, demeanor, defendant's statements and behavior, scene conditions.
  • Photos: Injuries (bruises, scratches, redness), property damage, scene documentation.
  • Text Messages & Voicemails: Threatening texts before or after incident, apology texts ("I'm sorry I hit you" = admission).
  • Witness Testimony: Neighbors who heard yelling, friends/family victim confided in, children who witnessed (in some cases).
  • Medical Records: ER visits for injuries, doctor's notes documenting victim's account.
  • Officer Testimony: Officer's observations at scene, victim's statements to officer, evidence collected.

Result: Prosecutors can convict even if the victim recants, refuses to cooperate, doesn't appear at trial, or testifies in your favor.

Victim Non-Cooperation +

Many DV victims don't want prosecution to continue:

  • Regret calling police
  • Financial dependence on defendant
  • Love defendant; want to preserve relationship
  • Fear of retaliation
  • Don't believe incident was serious enough for criminal prosecution
  • Pressure from defendant's family or community

But prosecutor controls charging decision:

  • Can proceed over victim's objection
  • Can subpoena victim to testify (threaten contempt if refuses)
  • Can use prior inconsistent statements to impeach victim if they change story at trial

Our strategy when victim doesn't support prosecution:

  • Highlight victim's non-cooperation (undermines credibility of original report)
  • Obtain victim's statement recanting or clarifying (through informal interview if victim willing)
  • Present evidence relationship is healthy, incident was mutual or blown out of proportion
  • Negotiate dismissal or reduction based on victim's position

Self-Defense in Domestic Violence Cases

Many people arrested for domestic violence were actually defending themselves from an aggressor who then claimed to be the victim. Washington's self-defense law fully applies to DV cases.

Elements of Self-Defense (RCW 9A.16.020) +

You have the right to use reasonable force to defend yourself when:

  • You reasonably believed you were about to be injured
  • Imminent threat (attack was about to happen or happening)
  • Force used was reasonable (proportional to threat)
  • You weren't initial aggressor (unless you withdrew and communicated withdrawal)

No duty to retreat:

  • Washington is a "stand your ground" state
  • You don't have to run away or leave before defending yourself
  • Applies in your home and elsewhere
Common Self-Defense Scenarios +

Mutual Combat That Started with the Other Party

  • Victim initiated confrontation, threw first punch, escalated conflict
  • You defended yourself
  • Both have injuries (but you were defending, not initiating)

Victim Is Larger, Stronger, or Has History of Violence

  • You used force to protect yourself from someone more physically powerful
  • Prior incidents of violence by victim (establishes pattern, reasonableness of your fear)

Defending Against a Weapon

  • Victim had or reached for weapon (knife, bat, firearm, heavy object)
  • You used force to disarm or defend

Defense of Children

  • Victim threatening or harming children
  • You intervened to protect children
Evidence Supporting Self-Defense +

Your Injuries

  • Photos of your injuries (scratches, bruises, bite marks)
  • Medical records (document defensive injuries)
  • Comparison to victim's injuries (who has worse injuries; who appears to have been fighting defensively)

Victim's History

  • Prior DV convictions (victim convicted of assaulting you or others)
  • Prior protection orders against victim
  • Witnesses to victim's past violence

Other Evidence

  • 911 call — you called 911 (suggests you're victim, not aggressor)
  • Witness testimony — neighbors, friends who saw victim as aggressor
  • Text messages — victim's threatening texts before incident, pattern of intimidation
  • Scene evidence — damage to your property (shows victim's aggression), weapon present
Challenges in Self-Defense DV Cases +
  • Mutual combat problem: Judges skeptical when both parties fought — "Both should have walked away"
  • Gender bias: Male defendants face skepticism claiming self-defense against female alleged victims (even when justified); assumption that man is always aggressor
  • Injuries: If victim has worse injuries, harder to claim self-defense (looks like you were aggressor); defensive injuries (scratches, bite marks on aggressor) often misunderstood

Our approach:

  • Present complete context (history of victim's violence)
  • Expert testimony (DV dynamics; victims can be male; self-defense can result in injuries to aggressor)
  • Compelling witness testimony
  • Challenge prosecution's narrative

False Accusations in Domestic Violence Cases

False allegations of domestic violence are disturbingly common, particularly in the context of divorce, custody battles, and relationship breakups where one party seeks legal advantages.

Why False Accusations Happen +

Custody Advantage

  • Spouse files for divorce, immediately alleges DV
  • Obtains emergency custody order
  • Uses DV allegation to restrict your parenting time
  • Positions themselves as protective parent, you as dangerous

Divorce Leverage

  • DV allegation used to evict you from home
  • Forces you to leave marital residence
  • Gives alleged victim leverage in property division
  • Creates urgency to settle on unfavorable terms

Retaliation

  • Relationship ended; alleged victim angry, hurt, seeking revenge
  • DV charge punishes you for leaving, dating someone new, moving on

Protection Order Strategy

  • Obtaining DVPO is easier if criminal DV charge filed
  • Protection order used to control you, restrict access to children
Red Flags for False Accusations +

Timing

  • Allegation made immediately after you filed for divorce
  • Allegation follows custody dispute, request for more parenting time
  • Allegation coincides with new romantic partner entering picture

Lack of Corroboration

  • No injuries (or minimal, inconsistent with alleged violence)
  • No witnesses
  • No 911 call at time of alleged incident (reported days later)
  • No contemporaneous complaints to friends, family

History & Inconsistencies

  • Alleged victim has made false allegations before (against you or others)
  • Alleged victim has pending family court case where DV allegation helps
  • Victim's story changes over time
  • Details don't match evidence
  • Clear benefit to alleged victim (housing, custody, divorce leverage)
Defending False Accusation Cases +

Investigation

  • Timeline of events (show allegation arose after divorce filing, custody dispute)
  • Relationship history (document prior false allegations, victim's dishonesty)
  • Communications (texts, emails showing victim's threats to "call the cops," use allegations against you)

Cross-Examination

  • Expose inconsistencies in victim's statements
  • Highlight lack of injuries
  • Question motive and bias
  • Challenge credibility

Defense Evidence

  • Witnesses (people who saw you and victim; can testify no abuse occurred)
  • Your injuries (if victim attacked you)
  • Communications (texts showing victim threatened false allegations)
  • Family court filings (showing custody battle context)

Expert & Character Testimony

  • Psychologists can testify about false allegations in custody disputes
  • DV experts can testify about dynamics (false allegations are a recognized phenomenon)
  • Character witnesses testify you're non-violent
  • No prior DV history
  • Victim has history of dishonesty

Domestic Violence & Family Court: The Dual Battle

Domestic violence cases uniquely intersect with family law proceedings, creating dual battlefields where what happens in one case dramatically affects the other.

The Common Scenario: Dual Cases +
  • Day 1: Spouse files for divorce
  • Day 3: Spouse obtains temporary DVPO — alleges abuse; you're evicted from home; emergency custody order issued; you lose contact with children
  • Day 5: Police arrest you for DV assault (based on same allegations); criminal case filed

Now you're fighting two cases:

  • Criminal case (risk: jail, conviction, firearm loss)
  • Family court case (risk: permanent loss of custody, divorce disadvantage)
How Criminal DV Case Affects Family Court +

DV Conviction Used as Evidence

  • Presumption against custody for abusive parent
  • Supervised visitation ordered
  • Restrictions on parenting time
  • No decision-making authority
  • DV treatment required before unsupervised contact

DV Charge (Even Without Conviction) Affects Custody

  • Temporary orders restricting your time pending criminal trial
  • Alleged victim claims you're dangerous
  • Judge errs on side of caution (limits your parenting time)

No-Contact Order Affects Parenting

  • Can't communicate about children
  • Can't see children (if they live with alleged victim)
  • Need court modification to allow supervised exchanges
How Family Court Case Affects Criminal Case +

Statements in family court used in criminal case:

  • Declarations filed in divorce (admissions about arguments, physical contact)
  • Testimony at family court hearing ("Yes, I pushed her but it was an accident")
  • Protection order hearing testimony (cross-examined; statements recorded)

Example: You testify at DVPO hearing (trying to defend against protection order). Admit you grabbed victim's wrist (trying to minimize: "I didn't hit her, just grabbed her wrist"). Prosecutor uses testimony in criminal case (admission of assault).

Victim's incentive:

  • Victim wants favorable divorce terms
  • Uses criminal case as leverage ("Drop the DV case or I'll take everything in divorce")
  • Threatens to testify against you unless you agree to custody/property demands
Our Integrated Defense Approach +

We handle BOTH cases:

  • Criminal DV defense
  • Family law representation (divorce, custody, protection orders)

Coordination is critical:

  • What we say in criminal case doesn't hurt family case
  • What we say in family case doesn't hurt criminal case
  • Strategy coordinated across both proceedings
  • Timing of hearings and filings managed to maximize leverage

Benefits:

  • One attorney team knows all facts
  • No miscommunication between criminal and family law attorneys
  • Consistent narrative across cases
  • Cost-effective (one firm, coordinated strategy)

If you're already represented by another family law attorney, we coordinate with them, ensure they understand criminal case implications, and communicate regularly to protect your interests.

Protection Orders: Defending & Obtaining

Protection orders are civil orders (not criminal) that prohibit contact and impose restrictions, but violations are criminal offenses.

Types of Protection Orders +
  • Domestic Violence Protection Orders (DVPO) – RCW 26.50: Protects alleged victims of domestic violence (most common)
  • Anti-Harassment Orders – RCW 10.14: Protects against harassment (broader than DV — doesn't require domestic relationship)
  • Sexual Assault Protection Orders (SAPO) – RCW 7.90: Protects victims of sexual assault
  • Stalking Protection Orders – RCW 7.92: Protects against stalking behavior
  • Extreme Risk Protection Orders (ERPO) – RCW 7.94: "Red flag" law; removes firearms from person posing danger; can be sought by family members or law enforcement
How DVPOs Work +

1. Petition Filed

Petitioner (alleged victim) files petition describing allegations (abuse, threats, fear) and requests relief (no-contact, stay-away, surrender firearms).

2. Ex Parte (Temporary) Order

  • Judge reviews petition without you present
  • If judge finds reasonable grounds, issues temporary order
  • You're not given opportunity to respond (ex parte = one-sided)
  • Temporary order lasts 14 days (until full hearing)

3. Service

  • You're served with temporary order and notice of full hearing
  • Service by law enforcement (often served at work or home)
  • Temporary order effective immediately upon service

4. Full Hearing (14 Days Later)

  • Both parties appear
  • Present evidence (testimony, witnesses, documents)
  • Cross-examination
  • Judge decides whether to issue final order or dismiss

5. Final Order

  • If issued, lasts 1-2 years (can be renewed)
  • Permanent record (appears on some background checks)
  • Violation is criminal offense
Consequences of Protection Orders +
  • Firearms surrender: Must surrender all firearms within 5 days; prohibited from possessing while order in effect; failure to surrender = criminal charge
  • No-contact restrictions: Can't contact petitioner (any form); can't go near home, workplace, school; can't attend same events
  • Housing: May be excluded from shared residence; petitioner stays, you must leave
  • Children: DVPO can include temporary custody/visitation restrictions; you may lose contact with children pending hearing
  • Employment: Order appears on background checks (law enforcement, military, security)
  • Reputation: Public record (anyone can search); stigma of being subject to protection order
Defending Against Protection Orders +

We contest protection order petitions at full hearing. Petitioner must prove by preponderance of evidence (more likely than not) that domestic violence occurred and they reasonably fear imminent physical harm.

Defenses

  • False allegations: Petitioner fabricating (custody battle, divorce advantage); exaggerating minor incident; no evidence supporting claims
  • Insufficient evidence: Petitioner's uncorroborated testimony not credible; inconsistent statements
  • No credible threat: Alleged conduct not threatening; statements were venting, not genuine threats
  • Mutual conflict: Both parties argued, both made threats, both physical; petitioner not innocent victim
  • Self-defense: You defended yourself from petitioner's attack
  • Context: Relationship ended mutually; no ongoing contact; petitioner seeking leverage for family court

Strategy at Hearing

  • Cross-examine petitioner: Expose lies, exaggerations, inconsistencies; question motive; highlight lack of fear (petitioner contacted you after alleged abuse, sent affectionate texts)
  • Present your testimony: Refute allegations, provide context, explain what actually happened
  • Present witnesses: People who saw incidents, character witnesses, expert witnesses
  • Present evidence: Texts and emails contradicting petitioner's claims, photos of your injuries, prior false allegations
Obtaining Protection Orders (When You're the Victim) +

We also represent DV victims seeking protection.

When to Seek a DVPO

  • Partner has assaulted, threatened, or stalked you
  • You fear for your safety or children's safety
  • You need legal tool to enforce separation

We Help You

  • Draft petition (detailed description of abuse, threats, fear)
  • Gather evidence (photos, medical records, texts, police reports)
  • Prepare for hearing (testimony, witnesses)
  • Obtain emergency ex parte order
  • Represent you at full hearing
  • Enforce order if violated (criminal prosecution referral, contempt)

Defending Violation of Protection Order Charges

Violating a protection order is a separate criminal charge with serious penalties.

How Violations Occur +

Intentional Violations

  • Calling, texting, emailing victim
  • Showing up at victim's home, workplace
  • Attempting contact through social media
  • Sending messages through third parties

Accidental/Unavoidable Contact

  • Ran into victim at grocery store, children's school event
  • Victim came to your workplace
  • Both attended same public event

Victim-Initiated Contact

  • Victim called you, invited you over
  • Victim sent friendly texts
  • Victim wanted to resume relationship
  • Still a violation if you responded (you're responsible for compliance)
Penalties & Defenses +

Penalties

  • First violation: Gross misdemeanor (up to 364 days jail)
  • Second or subsequent violation: Class C felony (up to 5 years prison)
  • Judges take violations seriously — jail time common even on first offense

Defenses

  • Order not served: You didn't know about order (never served); service defective
  • Contact not "knowing" or intentional: Accidental encounter; unavoidable (both at child's school play); emergency (child sick)
  • Victim initiated and consented: Victim contacted you first; mutual agreement — helps but not complete defense (you're still responsible)
  • Order was invalid: Order improperly issued; you weren't given opportunity to contest
  • First Amendment: Contact was protected speech (limited defense; rarely succeeds)

Serving Tacoma & Pierce County

Cities We Serve

Tacoma Lakewood Puyallup University Place Fife Fircrest Bonney Lake Gig Harbor Sumner Edgewood Parkland Spanaway Graham South Hill Frederickson Midland

Courts

  • Pierce County Superior Court (felony DV & DVPOs)
  • Pierce County District Court (misdemeanor DV)
  • Tacoma Municipal Court
  • Lakewood Municipal Court
  • Puyallup Municipal Court
  • Gig Harbor Municipal Court
  • All Pierce County municipal courts

Tacoma Neighborhoods

  • North End
  • South Tacoma
  • Hilltop
  • Stadium District
  • Lincoln District
  • Eastside
  • West End
  • McKinley Hill
  • Proctor
  • Old Town

Office: 950 Pacific Ave, Suite 720, Tacoma, WA 98402

Military community: Joint Base Lewis-McChord (JBLM) area — we represent service members facing DV charges (civilian and military jurisdiction).

Domestic Violence Defense FAQ

What if the alleged victim doesn't want to press charges?

In DV cases, the state prosecutes even if the victim wants to drop charges. Prosecutors can proceed using 911 calls, police reports, photos, and other evidence. However, victim non-cooperation weakens the state's case and creates opportunities for dismissal or reduction.

Can I contact the victim if they contact me first?

No. If you have a no-contact order or protection order, you cannot respond even if the victim initiates contact. Responding violates the order and results in new criminal charges. The victim may face no consequences even though they initiated contact.

Will I lose my gun rights for a misdemeanor DV conviction?

Yes. Lifetime prohibition under federal law (Lautenberg Amendment). Applies to all DV misdemeanors. No exceptions for law enforcement, military, or any profession. This is why we fight DV charges aggressively and rarely accept plea agreements that include DV designation.

What if we both got arrested — who's telling the truth?

Dual arrests happen when officers can't determine the primary aggressor. We present evidence showing you were the victim or acted in self-defense — your injuries, 911 call, witness statements, history of victim's violence. The goal is dismissal of charges against you or at minimum, prosecution of the actual aggressor.

Can I get the no-contact order lifted?

Sometimes. If the alleged victim wants to resume contact, we can file a motion to modify. The judge considers safety, circumstances, and whether the victim is being coerced. If the victim appears voluntarily and requests modification, judges sometimes grant it. If the victim doesn't support modification, it is very difficult to lift the order.

What if I didn't hit anyone — just damaged property?

Malicious mischief (property damage) can be charged as DV if the victim is a family or household member. Even property-only DV convictions trigger the lifetime firearms prohibition. We negotiate for non-DV malicious mischief or criminal trespass when possible.

Can I see my children if I have a no-contact order?

It depends on the order language. If the order prohibits contact with children, no. We file a motion to modify allowing supervised exchanges and communication about children through third-party apps. If children aren't alleged victims and live separately from the alleged victim, you may be able to see them.

What if my spouse made it up to win the divorce?

False allegations in custody battles are common. We present evidence showing timing (allegation followed divorce filing), motive (custody advantage), lack of injuries or evidence, history of threats to make false allegations, and inconsistent statements. We coordinate criminal defense with family law strategy to expose manipulation.

Can domestic violence charges be dropped?

Only the prosecutor can dismiss charges (the victim can't drop them). However, we can negotiate dismissal when evidence is weak, the victim recants and won't cooperate, self-defense or false accusation is proven, or legal issues exist (illegal stop, constitutional violations).

Will I go to jail for a first DV offense?

First-time Assault 4th Degree DV typically results in 1-30 days jail (often suspended if you complete DV treatment), probation, fines, and mandatory treatment. Actual jail time depends on injuries, circumstances, criminal history, and the judge. Felony DV (Assault 2nd) results in prison time under sentencing guidelines.

Facing DV Charges? Get Legal Help Now.

Your Freedom, Your Family, and Your Future Are at Stake

If you've been arrested for domestic violence, charged with a DV offense, or served with a protection order, time is critical. A no-contact order can be issued within hours. Custody implications begin immediately. The decisions you make in the first days after an arrest determine the trajectory of your case. Contact Melvin & Torrone for a confidential consultation before making any statements or decisions.

Schedule Your Free Consultation

What to Bring to Your DV Defense Consultation

Documents
  • Arrest paperwork and citation
  • No-contact order (if issued)
  • Protection order paperwork (if any)
  • Bail or release conditions
  • Any existing custody orders
Information
  • Your version of what happened
  • Names of witnesses
  • Photos or evidence (injuries, property damage, texts)
  • Relationship history with the alleged victim
  • Any pending family law cases
  • Discussion of firearm rights, custody, employment impacts

The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by visiting this website. Each case is unique, and past results do not guarantee future outcomes. If you are facing domestic violence charges, contact Melvin & Torrone immediately for a consultation. If you are in immediate danger, call 911.