Legal Information

The legal definition of domestic violence in Washington says that domestic violence exists when a person:

• Hits you, assaults you, or harms you physically in any way
• Or causes you to fear immediate physical harm, assault or injury.

The person causing the harm or threatening you must be:

• A family member and/or
• Someone you live with or lived with in the past and/or
• Someone you have a child with.

Restraining your freedom of movement, stalking you, destroying your property or making verbal threats about hurting you, are examples of incidents that can cause you to fear immediate harm.

It does not matter that the person is related to you, or lives with you, or even has a child with you. No one has the right to threaten or hurt you.

Both the criminal legal system and the civil legal system can help you protect yourself and your children from domestic violence.

Safety: Protection Orders
In order to be safe, many victims seek to get a domestic violence protection order (RCW 26.50). A domestic violence protection order is a civil order that requires that perpetrator to stay away from, stop harming the victim, or going to the places that the victim frequent such as school or work. It may also grant the victim temporary custody of the children and exclusive use of the family home or vehicle.

Criminal Matters
Sometimes victims are considered a witness to the domestic violence and the prosecutor will want the victim to testify in court against the perpetrator. This can be very difficult for victims depending on the relationship that the victim has with the perpetrator. Sometimes victims are actually arrested and charged as defendants in criminal cases – often referred to as victim-defendants. Victims need assistance understanding their rights as crime victims and their legal obligations within that system.

Immigration
Victims may worry that the domestic violence, if she calls the police or seeks any type of legal assistance, will affect her/his ability to remain in this country or will affect her/his attempt to become a legal resident.

Children: Custody
If a victim has children in common with the perpetrator, custody issues are critical to determine in order to keep the victim and the children safe. Sometime the perpetrator will use custody and the court system as a way to further abuse the victim.

Income & Consumer Debt
Domestic violence victims often have a broad range of financial issues that may be a direct result of being abused by a partner or significant other. Bankruptcy and consumer debt may result and victims need assistance negotiating the financial abuse that can also occur.

Housing
Victims must be in a safe place which means housing is always an issue for victims as they are often threatened, harassed and beaten if they stay home. A victim may need assistance moving, getting out of a lease agreement, or relocating to another state.

Employment
Domestic violence can severely disrupt a victim’s employment if he/she is being harassed and/or threatened at work. The victim may feel unsafe at work, her/his job performance may be affected by the trauma, or traumatic symptoms may increase absenteeism.

For more legal information, visit Washington LawHelp, Legal Voice, Sexual Violence Law Center or Washington State Bar Association.