Is this usable in a court of law in WA for convicting someone of domestic violence?

Asked about 6 years ago - Monroe, WA

In 2003 I was living with my girlfriend (now wife).
I came home from work one evening and she was very upset about a trivial matter that didn't even concern her. She demanded explanation and I refused to give it to her so she grabbed a very expensive item of mine and attempted to throw it of the 3rd floor balcony of our apartment. I istinctively stopped her from doing this.
I grabbed one of her arms that was holding the item in a death grip and forcibly removed the item from her grasp. This left her arm red and swollen. She threatened to call the police so I said to go ahead. They came and gave each of us a chance to tell our story. If I remember correctly ththey only slightly conflicted. She then told them she didn't want to press charges. We made amends and got on with life. a few years later we got married. 99% of the time we get along great. Although I believe that incident is still traumatizing her. Occasionally she uses it. To try to get me to conceed to her demands. Every time we get in an argument, or I snap at her for something, she says I will use it against you. She said she has the report in Japan along with photos that I have never seen. Are these bones from the past exhumable in WA state. If anything I believe her threats are more convictible. Maybe even extortion.

Additional information

I wanted to clarify that the event happened when we lived in Japan. Now we live in WA and have be living here for 3 years

Attorney answers (1)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Domestic violence can be used in divorces involving property division if it can be shown the the resulting violence prevented the victim from working or contributing to the martial community. Proof of the DV can be used to make a disproportionate division of property. Beyond this, since Wa. is a no-fault state, the court doesn't care why you are getting divorced or even what happened, their singular purpose when there are no kids involved is to make a fair just and equitable division of marital property. Of course, if there are kids involved then the allegation becomes important. She would need to show a pattern of DV rather the one isolated incident.

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