WA state domestic violence laws, is it possible to get the no contact order lifted, possible consequences

Asked almost 6 years ago - Sunnyside, WA

I was booked the other night in jail in Washington state for 4th degree assault, domestic violence. My boyfriend and I got in a verbal argument and I was very upset and picked up the remote and hit him in the arm with it. I left no bruises however he wanted me out of the house we both live in (its in his name). So he called the cops and I was arrested. We share a three month old son who stayed with him overnight. I was arraigned the next afternoon and released. I now have a no contact order with him, however, he does not want this and neither do I. My mother had to go pick up some of my belongings and our son for me. He didn't know this would happen and just wanted me to leave the house. I do not have anything else on my record besides a traffic citation. I wanted to know how good my chances are of getting the no contact order lifted and not have to spend up to a year in jail or pay high fines. I do have a job and my boyfriend does not. I don't get much help with my family and have been having to stay the night other places and this has been really hard on me and my son.

Attorney answers (1)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    1

    Lawyer agrees

    5

    Answered . No one is in a position of guessing "how good [your] chances are of getting the no contact order lifted". If you have no other criminal history, you are unlikely to be in jail for the full year. Most first time offenders do not get the maximum sentence executed.

    Depending on your facts, the prosecutor may not even have enough proofs to get a conviction, especially if your boyfriend asserts his rights to not testify.

    Or, you and the prosecutor can reach some sort of deal to avoid the hassles of prosecution.

    The best person to advise you would be someone who knows the relevant details of your case. You likely will need to review your facts and options with your attorney.

    If you have low income, you may qualify for state-paid legal representation. If your income is too high to be indigent but not high enough to pay a private attorney, the public defender association in your area may be willing to represent you for a reduced fee. You likely can get information regarding public defenders at the courthouse where you are being prosecuted.

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