Skip to main content

4th degree assault domestic violence charges filed against me. How do I prove cops blew out of proportion?

Everett, WA |

No domestic violence record. been in relationship 5 years, we have 2 kids and 1 on the way. no real criminal history except minor in possession, 3rd theft in Oregon. Cops state they rec'd a 911 call and heard a domestic dispute so they came out to apt. Upon arriving they found me outside knocking to get in because I forgot something. The questioned myself and my girlfriend. She made no statement and told officers she wasn't supporting any charges or statements against me. I was taken to jail n let out after 3 days (cuz of weekend n a holiday).Can I beat this case if taken to trial? How should I defend myself? What about getting the no contact order dropped? We are a young couple and all couples have financial problems that could lead to heated arguements. But NO actual threats present

Attorney Answers 4


Consult with your criminal law attorney. Don't take this lightly. The prosecutory can proceed even if the victim recants. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on DV for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

Mark as helpful

3 lawyers agree


You need an experienced criminal defense attorney that has handled hundreds if not thousands of these type of case. I have. I have been an attorney for 20+ years. I wish I was closer to your location so you would hire me to help you through this process. If you are interested in hiring me to handle this for you contact me. If not, I understand and you should contact a local attorney to handle time matter for you. For sure try it! If there are not any other issues having to do with the problems between the two of you, set it for trial. Good Luck

Mark as helpful

1 lawyer agrees


A couple of things to keep in mind- First, be careful what information about the case you share on a public forum. Second, based on what you have said this would be a tough case for the prosecution to prove without a statement from the alleged "victim" that she was threatened or assaulted or some evidence of injury or harm. It sounds like maybe a neighbor or someone in the vicinity heard a fight and called the police. Keep in mind that the way the current domestic violence laws are, the police are required to make an arrest if they have reason to believe a domestic violence act occurred. That does not always equate to a strong case for the prosecution, but it can start the ball rolling and wreak havoc on your lives in the meantime. Also, it is pretty standard for the judge to issue a no contact order once charges have been filed. It can be dropped if the alleged victim asks the court to do so and the court does not feel they are in any danger. It will depend on the judge, the allegations and if there is any history between the parties. It sounds like this case has a lot of issues and I would highly recommend speaking with an attorney sooner rather than later to address them. Good luck!

Mark as helpful

4 lawyers agree


This type of case is where an experienced criminal defense attorney makes all the difference. The State or City has the burden of proof to show that you committed a crime. Make them prove the case. If you haven't done anything wrong then fight the charge.

Craig Cahoon

Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779

Mark as helpful

2 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics