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Jennifer Ellen Horwitz
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Jennifer Horwitz’s Answers

69 total


  • Can the restraining order be address and removed with the dropped DV felony case?

    Person A was involved in a domestic violence case. Person A’s felony case was dropped, but the restraining order still exists.

    Jennifer’s Answer

    If the domestic violence felony charge was dismissed and a protection order is still in place, it is because the protected party petitioned the court in a civil proceeding to obtain a protection order that is not connected to the criminal case. The protected party may have told the civil court, "there is a no contact order in place right now out of the criminal court, but I am concerned the criminal case will be dismissed and I will be left without some kind of protection."

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  • What is the likely outcome of an alleged victim recanting her statement?

    My wife attacked me, had her brother call the police, and I was placed under arrest. She has now made it appear as though she is going to recant her statement. My primary concern is for the welfare of our children. At this point, I'm just trying t...

    Jennifer’s Answer

    You need a lawyer who is not only experienced in criminal defense, but more specifically in domestic violence cases. Nobody but a lawyer who speaks with you and reviews all of the evidence in your case (any photos taken, the 911 call and the police reports) can assess what direction your case may go under different circumstances. It is very important that you not do anything (or ask anyone else to do anything) to influence what your wife is saying since tampering with a witness is a crime. Also, your wife may need an attorney to assist her if she does want to recant her original statement without opening herself up to a charge of false reporting.

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  • False domestic violence charges

    After suffering through an emotionally (and once physically abusive, my husband sprained my hand) marriage for years, I got really upset and frustrated and pushed my husband after an argument. He decided to call the police on me and I got arrested...

    Jennifer’s Answer

    You should not speak with anyone but your attorney about your situation. If you have the means to retain counsel, you should hire an experienced criminal defense attorney with a lot of experience handling domestic violence cases. I have represented many people like you who have been charged with crimes but who are actually the victim in the incident. I have been successful in convincing the prosecutor that they charged the wrong person in the case. It will take a skilled and experienced attorney to collect the needed information to present that argument to the prosecutor. If you do not have the means to hire counsel, you should get screened for a public defender immediately and not discuss your case with anyone except your attorney.

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  • I was charged with DV 4, bail was posted and I have a 2nd court appearance. Is it likely that I could face going back to jail?

    I have never been convicted of any crime, let alone the one I was charged with. I make too much money for a public defender but don't have any money to hire my own so I am concerned when I go back for my 2nd court followup that I may lack represe...

    Jennifer’s Answer

    Everyone charged with domestic violence 4th degree assault faces a potential of up to 364 days in jail and a $5,000 fine. If you have no prior crimnal history, it is likely that a resolution of your case could be reached that involves no jail time. You need to hire an attorney who can evaluate whether you have a defense and whether your case should be set for trial or whether a negotiated resolution of your case can be reached that prevents you from going to jail.

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  • What is the earliest my case could go to trial?

    I was recently charged with an assualt 4 DV against my wife. Like expected a no contact order was put in place and now I'm not allowed to see my wife and kid. This is a big misunderstanding and I would like to have my case heard as soon as possibl...

    Jennifer’s Answer

    I agree with the answers below about your speedy trial rights. I wanted to add two other pieces of information. One is that you need to confer with your attorney about pushing this case to trial quickly. Sometimes that does make sense, but there are times when an attorney needs more time to properly investigate and prepare a case for trial. Second, if this is really a big understanding and your wife is on board that you should not be prosecuted, it can sometimes be very helpful for the person in your wife's position (the alleged victim) to get their own attorney who can help convince the prosecutor that the case should never have been charged and needs to be dismissed. This can really move things along. Many attorneys who do DV cases, like me, represent alleged victims who want to help persuade a prosecutor to dismiss a case.

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  • I have a girlfriend who has a bench warrant in one state but is changing her name in a different state- will she be arrested?

    My girlfriend has a bench warrant because she missed her court date - This would be in one state and is changing her name in the state of WA. Will she be able to change her name? Or would WA arrest her- it's a misdemeanor not a felony. In WA they ...

    Jennifer’s Answer

    I agree with the other attorneys who responded that it makes the most sense to take care of the warrant first before attempting a name change. I say this because if she is truthful about the warrant to the name change court, the court will likely not be willing to grant her request for a name change, since one is not supposed to change their name for a purpose that is illegal or fraudulent (such as avoiding identification when there is a warrant). In addition, she risks arrest at all times but there is a greater risk if she puts herself in front of a court and has to disclose that there is a pending warrant. She will also have to be truthful with the Court since she will be submitting a sworn statement to the Court.

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  • Likelihood of Nordstrom pressing charges for theft?

    On June 6th I was stopped by Nordstrom loss prevention about items they felt I stole from their store during my visit. All of the items in question were retrieved and totalled less than $200. The cops were called and I was read my rights but relea...

    Jennifer’s Answer

    I agree with the previous comments that, if loss prevention contacted the police, charges are likely to be filed. I also agree that whether or not you pay the civil fine will not impact whether charges are filed. If charges are filed, they are likely to be filed in Seattle Municipal Court if you were in downtown Seattle. You should hire an attorney who is experienced practicing in that court and handling these types of cases. Not only could this have consequences for you by tarnishing your criminal history and for your job, if you are not a U.S. Citizen, a conviction for theft could have immigration consequences as well.

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  • If police report is false and inaccurate..can I get the charges dismissed from permanent records

    my wife and I had an argument August 24th 2015 at which time she was in her vehicle in our driveway with the children in the backseat there was yelling no physical contact was made I reached in the driver's window to get my phone from the dashboar...

    Jennifer’s Answer

    You should consult an experienced domestic violence attorney to represent you in this case. That person can find out your version of events and interview your wife as well. There is a lot at stake here. Not only are you charged with a number of crimes which could affect your employment, status in this country if you are not a U.S. Citizen, and carry jail time as a possible consequence, but based on your account of the incident and the case, there is a possibility Child Protective Services will get involved as well. Consult an attorney with experience in these types of cases and in dealing with CPS before you submit to any interview by CPS or the police.

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  • My husband was just arrested. I was called by the police to pick up his car. He has domestic violence charges against him.

    He also has charges against him for breaking the protective order. He had threatened me in an email and I called the police. I called again later after he cheated on me again and told them he broke the protective order. He had. But I wanted to tal...

    Jennifer’s Answer

    I would add to the previous answers that sometimes if the person in your position in the case wants to help the person charged with a crime, the best way to do that is for you to hire counsel to advocate for your position to the prosecutor's office. While you can talk to the prosecutor yourself, some prosecutors make people in your position feel that they have to participate in the prosecution, whereas if you have your own lawyer that person can give you legal advice about what obligations you do or don't have as a witness. Many attorneys, including me, charge a modest flat fee for representing the people in your position.

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  • My bf is charged with domestic violence to the 4Th degree what can be used against him? And what is the worse case scenario?

    My bf is being charged with domestic violence to the 4th degree and his pre trial next month. In my statement i said we argued and i got teary. And at one point he grabbed me to pull me closer to him. And that he told me that if i didn't move the ...

    Jennifer’s Answer

    Assault 4th Degree, Domestic Violence carries a maximum 1 year in jail and $5,000 penalty. However, I would not expect your BF to get the maximum sentence unless he has a long criminal history. You have raised questions about whether your out-of-court statements and his prior conduct would be admissible at trial. These are issues that will need to be raised by his defense attorney and decided by the judge at trial. Officers' observations of your demeanor and any injuries you had as well as any pictures they may have taken will likely be admissible at trial. If you called 911, the recording may be admissible as well, but the judge will have to decide this. As other lawyers have said, he needs an attorney who is competent in defending cases like these. You also may need your own attorney to advise you on the consequences of appearing or not appearing for court and who may be able to help advocate for your wishes about how this case should be handled.

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