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

Asked over 1 year ago - 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)

  1. Michelle Marie Scudder

    Contributor Level 3

    4

    Lawyers agree

    Answered . 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!

  2. Bruce Clement

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.”

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  3. Craig Andrew Cahoon

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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
    www.defendingdv.com
    206-795-1779

    Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 cahoonlaw@gmail.com
  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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

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