![]() ![]() If you (or a loved one) find yourself facing a DV related criminal charge, it is infinitely important to immediately contact and hire a Seattle domestic violence attorney. For obvious reasons, this too can be a frustrating development for the family. That said, it is typical for the prosecution to request, and the court to impose, an NCO regardless of whether one is desired by the person to be protected. Often prior to arraigning a domestic violence defendant, a ‘domestic violence advocate’ will attempt to contact the alleged victim to determine whether he/she wishes to have a No Contact Order (‘ NCO’) issued. ![]() Undoubtedly, this can cause significant stress to all involved, and can often end up destroying the family unit. This of course means the person cannot go home, and probably will need to find a place to live for weeks if not months while things get ‘ironed out’. At the hearing, the Court may require the alleged offending party (the ‘ defendant’) to sign a No Contact Order as a condition for release from jail prior to trial. ![]() That is unfortunately often the following day. Usually, a person arrested for a domestic violence offense will be held in jail until he/she appears before a judge. Washington state law requires a mandatory arrest for violations of No Contact Orders and Civil Protection Orders too. Upon arrival, if an officer determines that a ‘ family or household member‘ has assaulted another, the officer is absolutely required to arrest the person he/she believes to be the primary aggressor in the incident. What many unassuming folks seem to be invariably shocked to find out is that, pursuant to RCW 10.31.100(2)(c), police officers responding to an incident of domestic violence are mandated by law to make an arrest if the officer has probable cause to believe that a domestic violence assault or other serious domestic violence offense took place within four hours of the law enforcement contact.
0 Comments
Leave a Reply. |