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Domestic Violence

  1. DV Questions
    • 3 DV Questions
    • Is there a crime*?
    • Is it a family/Household relationship?
    • Is it a mandatory arrest?

    • *NOTE:
    • Crime was Assault with injury
    • OR Action to cause Fear of Imminent Serious Bodily Injury/Death
    • OR Qualifying violation of court order (not all violations trigger mandatory arrest).
  2. DV Mandatory Arrest Rules
    • Arrest* occurs within 4 hours of the DV assault
    • Subject is 16 yrs old (or older)
    • Significant Relationship**
    • A Felonious Assault has occurred:

    • An assault has occurred which has resulted in Bodily Injury to the Victim, whether the injury is observable by the responding officer or not
    • OR That any physical action has occurred which was intended to cause another person reasonably to fear imminent Serious Bodily Injury
    • OR Death.

    • *NOTE:
    • Arrest: When the officer has PC to believe that two parties have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. To help determine the primary aggressor:
    • The intent to protect victims of DV
    • OR The comparative extent of injuries inflicted or serious threats creating fear of physical injury
    • OR The history of domestic violence b/t the persons involved.

    • **NOTE:SIGNIFICANT RELATIONSHIPS (any of the following):
    • Child in Common – Any ages
    • OR Marriage – Any age
    • OR Parent/Grandparent/Step-Parent VS Child – Any Age
    • OR Adult Roommates – At least 18 yrs old
    • OR Blood relationship – At least 18 yrs old
    • OR Significant dating relationship – At least 16 yrs old
  3. Interfering with the Reporting of DV
    • Suspect Commits DV Crime
    • AND Prevents
    • OR Attempts to Prevent the Victim / Witness from calling 911 Emergency Communications
    • OR from Obtaining Medical Assistance
    • OR from Reporting to LE
    • Criminal Non-Traffic - Gross Misdemeanor
    • 9A.36.150
  4. Anti-Harassment Protection Order
    • Person violates Anti-Harassment Protection Order
    • Criminal Non-Traffic - Gross Misdemeanor
    • 10.14.170
  5. No Contact Order
    • Person violates a No Contact Order MANDATORY ARREST
    • Criminal Non-Traffic - Gross Misdemeanor
    • 10.99.040

    • NOTE: Class C Felony. If assault occurs or reckless conduct accompanies a violation.
    • NOTE: Class C Felony. If 2 or more prior convictions of any similar order
  6. Protection Order Violation
    • Order Violation – Protection Order. MANDATORY ARREST
    • Criminal Non-Traffic - Gross Misdemeanor
    • 26.50.110

    • NOTE: Class C Felony. If assault occurs or reckless conduct accompanies a violation.
    • NOTE: Class C Felony. If 2 or more prior convictions of any similar order
  7. No Contact Order Violation
    • Person violates a NO CONTACT ORDER
    • Written order shall contain court’s directives and shall bear “Violation of this order is a criminal offense under rcw 9A.46 and will subject a violator to arrest.
    • Criminal Non-Traffic - Misdemeanor
    • 9A.46.080 [CN – M – m]
Author
jong
ID
37186
Card Set
Domestic Violence
Description
WA Criminal Law
Updated

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