Well, my first impression is that whoever you talked to is not familiar with the domestic violence statute in Wa. state because Wa. state does not have DA's (district attorneys),s we have county Prosecutor's so there is no DA to contact. Secondly, the decision whether to drop a no contact order is not yours to make -- it is the Prosecutors and they will usually proceed over the objection of the victims given the nature of domestic violence. Your fiancee will be given the chance to have a public defender represent him and it should be left in his/her hands if you cannot afford a private attorney. If he is convicted, you need to rethink your relationship with him because as the mother of the children, your first obligation is to protect the children and to choose to live with someone who have been convicted of domestic violence puts your custody of the children in jeopardy. I refer to RCW 26.09.191 which states:
b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
He will get a free public defender. You should hire a lawyer to address the court about lifting the no contact order. Have you spoken with a domestic advocate? Contact me directly for further assistance.
The prosecuting attorney's office is the one with the prosecutorial discretion as to the criminal offense. If you make it clear that: 1) you want them to dismiss all pending actions; and if they don't, 2) your testimony is going to favor your fiancee, they probably will drop it. When your fiancee gets his defense attorney, indicate your willingness to cooperate with them in letting the court know what really happened.
Meanwhile, look at the statutory elements of the offense he is charged with. What does it take to prove such charges? Are any of the necessary elements not true?
If this answer is helpful or the best answer, please say so. Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.