Vancouver Domestic Violence Attorney

Being accused of domestic violence is serious—and the legal process can be confusing and stressful. At the Law Office of Adin Johnson, we guide you through each step with clarity, compassion, and a focus on protecting your rights and future.

1. Free Initial Consultation

We begin with a confidential consultation to understand your side of the story. This is your chance to share details, ask questions, and learn about your rights. We’ll provide a clear, honest assessment of your situation and explain how we can help.

2. Case Evaluation & Investigation

Once retained, we act quickly to gather and review all evidence—police reports, statements, 911 recordings, photos, and any available video footage. We look for inconsistencies, false allegations, or rights violations such as unlawful arrests or coerced statements.

3. Building a Defense Strategy

Every domestic violence case is unique. We develop a custom defense strategy based on the facts, aiming to challenge weak evidence, question motives behind the accusations, and expose procedural errors.

4. Pre-Trial Motions & Hearings

We may file motions to suppress evidence, dismiss charges, or limit damaging testimony. These hearings can make a significant difference in the outcome of your case and often lead to reduced or dropped charges.

5. Negotiation or Trial

Some cases are best resolved through negotiation, while others require going to trial. We’re prepared for both. As experienced trial attorneys, we aggressively defend your rights in court and work to protect your freedom and reputation.

6. Post-Trial Support

If you’re convicted, we’ll explore all legal options—including appeals or sentence modifications. We can also assist with vacating convictions or sealing records when eligible, to help you move forward.

Understanding Washington’s Domestic Violence Laws

Washington defines domestic violence broadly as any crime committed by one family or household member against another. Under RCW 10.99.020, domestic violence includes assault, stalking, harassment, violation of protection orders, and other offenses when committed against:

• Spouses or former spouses
• Domestic partners or former domestic partners
• Parents of a common child
• Adults related by blood or marriage
• Adults currently or formerly residing together
• Adults in dating relationships
• Parents and children (including adult children)

The “domestic violence” designation is not a separate crime but an enhancement applied to underlying offenses. However, this designation triggers mandatory arrest policies, specialized prosecution units, and enhanced penalties that standard assault or harassment charges don’t carry.

Common Domestic Violence Charges

Assault Fourth Degree – Domestic Violence: The most common domestic violence charge, involving intentional offensive touching or harm. This gross misdemeanor carries up to 364 days jail, $5,000 fines, and domestic violence treatment requirements.

Assault Second Degree – Domestic Violence: Involves intentional assault causing substantial bodily harm or assault with a deadly weapon. This class B felony carries 3-12 months prison under standard range sentencing.

Violation of No-Contact Order: Occurs when defendants contact protected parties in violation of court orders. Each violation is a separate gross misdemeanor, with escalating felony penalties for repeat violations.

Harassment: Threatening harm to person or property, or repeatedly contacting someone in ways causing substantial emotional distress. This gross misdemeanor frequently accompanies domestic violence assault charges.

Stalking: Intentionally and repeatedly following or harassing someone while making threats that create reasonable fear. Stalking ranges from gross misdemeanor to class B felony depending on circumstances.

Violation of Protection Order: Violating domestic violence protection orders (DVPOs), anti-harassment orders, or sexual assault protection orders. First violations are gross misdemeanors; subsequent violations become class C felonies.

Reckless Endangerment: Creating substantial risk of death or serious injury. When involving domestic violence circumstances, this can be charged as gross misdemeanor or class C felony.

Malicious Mischief – Domestic Violence: Intentionally damaging property during domestic violence incidents. Charges range from misdemeanor to felony based on property value.

Mandatory Arrest and No-Contact Orders

Washington’s mandatory arrest law under RCW 10.31.100 requires police to arrest someone when they have probable cause to believe domestic violence occurred. Officers cannot simply separate parties or issue warnings—they must make arrests even when alleged victims don’t want prosecution.

Determining the Primary Aggressor

When both parties claim the other was the aggressor, police must determine the “primary aggressor” by considering:

• Who initiated the assault
• Comparative extent of injuries
• History of domestic violence between parties
• Likelihood of future harm
• Whether either party acted in self-defense

This assessment is subjective and often flawed. Police frequently arrest the wrong person, particularly when one party is physically larger or when alleged victims fabricate injuries or exaggerate circumstances.

Automatic No-Contact Orders

Upon arrest for domestic violence, courts automatically issue no-contact orders prohibiting all contact—direct or indirect—with alleged victims. These orders prevent you from:

• Returning to shared residences, even if you own the home
• Contacting alleged victims by phone, text, email, or social media
• Communicating through third parties, including children
• Being within specified distances of alleged victims’ homes, workplaces, or schools

No-contact orders create immediate hardship for families. You cannot discuss children, finances, property, or arrange to retrieve belongings. Violating no-contact orders results in new criminal charges carrying additional jail time, even if alleged victims initiate contact.

Attorney Johnson files motions to modify no-contact orders when appropriate, allowing necessary communication about children, shared property, or pets while maintaining victim safety. Courts consider these modifications case-by-case based on circumstances and alleged victim input.

Consequences of Domestic Violence Convictions

Domestic violence convictions carry consequences extending far beyond standard criminal penalties:

Federal Firearm Prohibition

The Lautenberg Amendment under 18 U.S.C. § 922(g)(9) prohibits firearm ownership for anyone convicted of misdemeanor domestic violence crimes—regardless of sentence length. This federal law applies to all domestic violence misdemeanors involving physical force or threatened use of deadly weapons.

Unlike felony firearm prohibitions that can sometimes be restored, federal misdemeanor domestic violence prohibitions are permanent with extremely limited restoration options. This affects:

• Law enforcement officers who lose careers
• Military personnel facing discharge
• Security professionals requiring firearms
• Hunters and sport shooters losing Second Amendment rights permanently

Immigration Consequences

Non-citizens face severe immigration consequences from domestic violence convictions. Under federal immigration law, domestic violence convictions—even misdemeanors—are deportable offenses. This applies to:

• Lawful permanent residents (green card holders)
• Visa holders including students, workers, and visitors
• Refugees and asylees
• Individuals with temporary protected status

Domestic violence convictions also create inadmissibility, preventing non-citizens from reentering the United States after international travel and blocking future immigration benefits including naturalization applications. Attorney Johnson works closely with immigration attorneys to protect both criminal and immigration interests when representing non-citizens.

Child Custody and Visitation

Family courts consider domestic violence convictions heavily when determining child custody and visitation under RCW 26.09.191. Convictions create rebuttable presumptions against awarding custody to offending parents, and courts frequently order:

• Supervised visitation requirements
• Restrictions on overnight visits
• Mandatory completion of domestic violence treatment
• Alcohol and drug testing
• Psychological evaluations

Even when convictions involve violence against intimate partners rather than children, family courts view them as evidence of parenting unfitness. False domestic violence accusations during divorce proceedings represent common tactics for gaining custody advantages.

Professional Licensing

Many professional licenses face suspension or revocation following domestic violence convictions. This affects:

• Healthcare professionals (doctors, nurses, therapists)
• Educators and childcare workers
• Attorneys and legal professionals
• Real estate and insurance agents
• Contractors and trade professionals
• Financial industry workers

Licensing boards conduct independent reviews of criminal convictions, and even when criminal courts impose minimal sentences, licensing authorities often impose career-ending sanctions.

Employment Consequences

Domestic violence convictions appear on criminal background checks, affecting employment in fields requiring trust, contact with vulnerable populations, or clean criminal records. Military personnel face discharge following domestic violence convictions, and federal employees lose positions requiring security clearances.

Common Defenses to Domestic Violence Charges

Attorney Johnson employs numerous defense strategies depending on your case’s specific facts:

Self-Defense

Washington law recognizes your right to use reasonable force to defend yourself under RCW 9A.16.020. Self-defense applies when you reasonably believe force is necessary to prevent imminent harm. This defense requires showing:

• You faced imminent threat of harm
• You reasonably believed force was necessary
• You used proportional force to the threat

Self-defense claims are particularly common in mutual combat situations where both parties used force. Attorney Johnson presents evidence demonstrating you acted defensively rather than as the primary aggressor, including witness testimony, injury patterns, and prior domestic violence history showing you were the actual victim.

False Accusations

False domestic violence accusations occur frequently in contentious divorces, custody disputes, or when alleged victims seek advantages in family court proceedings. Accusers fabricate or exaggerate allegations to:

• Gain custody advantages
• Secure favorable property divisions
• Obtain exclusive residence rights
• Create leverage in divorce negotiations
• Retaliate for relationship issues

Attorney Johnson investigates motives for false accusations, examines timing of allegations relative to divorce or custody proceedings, identifies inconsistencies in accuser statements, and presents evidence contradicting false narratives through text messages, emails, witness testimony, and expert analysis.

Lack of Intent

Assault requires intentional action. Accidental contact during arguments—such as bumping into someone while gesturing or inadvertently making contact during heated discussions—doesn’t constitute criminal assault. Attorney Johnson demonstrates lack of intent when evidence shows contact was unintentional or accidental rather than purposeful.

Insufficient Evidence

Prosecutors must prove guilt beyond reasonable doubt. Many domestic violence cases rely solely on alleged victim testimony without corroborating evidence. When no witnesses, injuries, photographs, or physical evidence support allegations, reasonable doubt exists. Attorney Johnson challenges insufficient evidence cases by:

• Highlighting lack of physical evidence
• Exposing inconsistencies in alleged victim statements
• Demonstrating delayed reporting undermining credibility
• Presenting alternate explanations for claimed injuries
• Challenging biased police investigation

Violation of Constitutional Rights

Fourth Amendment violations occur when police enter homes without warrants or exigent circumstances, conduct illegal searches, or make arrests without probable cause. Fifth Amendment violations arise when police interrogate defendants without Miranda warnings or continue questioning after rights are invoked. Attorney Johnson files suppression motions excluding evidence obtained through constitutional violations, often collapsing prosecution cases entirely.

Medical Conditions or Accidents

Injuries claimed as assault evidence sometimes result from medical conditions, accidents, or self-infliction. Bruising disorders, blood thinners, or clotting disorders create bruising from minor contact. Falls, accidents, or injuries from other sources get misattributed to defendants. Attorney Johnson presents medical evidence explaining alternate injury causes.

The Domestic Violence Court Process

Understanding what to expect helps you navigate this complex process:

Arrest and Initial Appearance

Following arrest, you appear before a judge within 48-72 hours for initial appearance where bail is set and no-contact orders are issued. Attorney Johnson argues for reasonable bail and begins challenging no-contact order restrictions immediately.

Arraignment

At arraignment, judges read charges and you enter pleas. Attorney Johnson enters not guilty pleas, receives discovery materials, and schedules pretrial conferences for negotiation.

Pretrial Hearing

Clark County requires domestic violence defendants to attend pretrial hearings where judges review cases, address compliance with conditions, and encourage resolution. These hearings provide opportunities for plea negotiations and motions to modify no-contact orders.

Domestic Violence Evaluation

Courts often order domestic violence evaluations by certified evaluators who assess your risk level and treatment needs. These evaluations influence sentencing recommendations. Attorney Johnson helps you prepare for evaluations and challenges biased or inaccurate assessments.

Trial or Plea Resolution

Cases resolve through plea agreements or trials. Attorney Johnson negotiates favorable plea agreements when appropriate, but when prosecution offers are inadequate or you maintain innocence, we take cases to trial where juries determine outcomes.

Sentencing

If convicted, sentencing includes domestic violence treatment programs, chemical dependency evaluations, no-contact orders, jail time, fines, and probation. Attorney Johnson argues for minimal sentences and alternatives to incarceration when possible.

Domestic Violence Treatment Requirements

Washington requires domestic violence offenders to complete state-certified treatment programs under RCW 26.50.150. These programs typically involve:

• Minimum 52 weekly group sessions
• Anger management and accountability training
• Education about power and control dynamics
• Chemical dependency evaluation and treatment if needed
• Compliance monitoring with regular court reviews

Treatment costs $50-$100 per session, totaling $2,500-$5,000 over the year-long program. Missing sessions violates probation, potentially resulting in jail time.

Protection Orders vs. Criminal No-Contact Orders

Washington has two types of orders protecting alleged victims:

Domestic Violence Protection Orders (DVPOs)

Civil orders alleged victims request through family court under RCW 26.50. DVPOs can be obtained without criminal charges and last up to permanent duration. Alleged victims must show reasonable fear of harm. Attorney Johnson represents clients at DVPO hearings, challenging orders through cross-examination and presenting evidence contradicting allegations.

Criminal No-Contact Orders

Orders issued automatically in criminal cases. These remain in effect throughout criminal proceedings and can extend beyond as probation conditions. Unlike DVPOs, criminal no-contact orders don’t require separate civil proceedings—they’re imposed automatically by criminal courts.

Violating either order type results in criminal charges. The key difference: DVPOs are civil proceedings where alleged victims are petitioners, while criminal no-contact orders are criminal case components where the state is the moving party.

Why Choose the Law Office of Adin Johnson for Domestic Violence Defense?

Domestic violence charges can carry severe penalties—jail time, restraining orders, loss of gun rights, and lasting damage to your record. Our firm offers:

• Proven experience handling domestic violence defense in Washington

• A strategic, evidence-driven approach to fighting false or exaggerated claims

• Dedicated, one-on-one support throughout your case

• Strong trial advocacy and skilled negotiations

• A deep understanding of how local prosecutors and courts operate

Contact the Law Office of Adin Johnson Today

If you’ve been accused of domestic violence in Vancouver, WA, don’t face the system alone. The sooner you involve a skilled defense attorney, the better your chances of a successful outcome. Call now for a free and confidential consultation.