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  1. #1
    Join Date
    Nov 2010
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    Default DV 4th Degree and Malicous Mischief After a Boyfriend/Girlfriend Fight

    My question involves criminal law for the state of: Washington

    My sister is being charged with DV 4th and malicoius mischief for a fight she was having with her bf. I have helped her get an attorney but I would like opinions if possible. He bf is a real peice of work he has anger issues and a temper. She was out with friends on halloween and didnt answer his phone calls when he got off work. He became enraged and went to their apt and began throwing all her clothes, makeup, shoes etc off their balcony and into the courtyard. He txt'd her to come get her stuff and get out. When she arrived he began yelling at her, calling her names and shoving things at her. She began crying becasue my sis is a softy like that and he responded by smashing her perfume bottles on the floor to "give her something to cry about". She responded by breaking a mirror on the wall that she had bought for him and at some point around that time he got in her face and was calling her vicious names and telling her to hit him, so she slapped him and ran outside and attempted to call me. He grabbed her phone and smashed it so she went to the neighbors and called the police becasue at that point she was scared and just wanted to get her things and leave. The police questioned her and she told them everything and they arrested her for slapping him and breaking the mirror. They took photos of him and there an no marks on his face at all. Now she is looking at DV 4th and malicious mischief for the mirror. She has a no contact order placed on her now while her ex continues to txt her everyday, post things on her facebook, is having his brother and friends call her and shows up to her work with flowers to tell her he loves her and how sorry he is. He is trying to write letters to victims advocate and the state procescutor and the judge to say it was his fault, he was scaring her, etc. She is a dental assitant and is worried about her license and the repercussions of this. All seems so rediculous to me.

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    Tell your sister to listen to her attorney.

  3. #3
    Join Date
    Nov 2010
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    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    she most defineatly is listening to him, I was just hoping to get others opinions of her chances of getting this dropped or reduced maybe

  4. #4

    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    The law doesn't work on "chances". The situation is that your sister took physical action against a person with whom she is/was in a relationship with, under conditions that didn't constitute self-defense. That's domestic violence. The state probably has a pretty good case against her. They don't need evidence of injury to pursue the case, because injury isn't required - a slap is enough to meet the elements of the crime. If there HAD been marks or damages, her charges would have been higher. The dynamics of the situation are largely irrelevent - who started it, or why, etc. The law says she doesn't get to slap him. Her attorney, who knows the proclivities of the local prosecutors, and how likely they are to offer things like counseling or probation, as well as the sentencing tendencies of the local judges, is the only person who can give her any realistic weighing of how the case may turn out. Every jurisdiction has different resources and programs available - some may have specific DV programs that she might be able to complete, others may not and instead use an anger management program. Some might run a few weeks, others might run up to a year. Additional probation time in lieu of incarceration could be offered as well. What she gets offered by the state, if anything, will depend on those resource factors, any past criminal history, etc.

  5. #5
    Join Date
    Jan 2010
    Location
    Oregon
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    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    If it helps at all...

    I stood in a court room waiting to be called. A woman got called up, she admitted to beating her boyfriend and knocking out 2 of his teeth. This guy had a warrant so he was in prison but she was arrested for DV. The prosecutor denied to prosecute her!! I saw atleast 5 cases similar to that, the woman admitted to hitting and the state denied to prosecute.

    Now this was in Thurston County and the prosecutor was Jennifer Lord (FKA Jennifer Weiler). Lord is no longer the DV prosecutor but I doubt the new prosecutor is any better

    The reason they refuse to charge is because a woman can have so many defense's, victim perp, ect...... I doubt you can get a jury of 6 people together that will convict a woman of DV if the guy is atleast as big as her and has even been accused of DV by her. So because they can convict a man without evidence but not a woman they dont even try them most of the time.

    This is just what i have seen sitting in court, we have been making BIG steps in reducing ALL violence in WA so MAYBE, JUST MAYBE she will get to trial but I wouldnt hold my breath, chances are she wont even have to face a jury at all.

  6. #6
    Join Date
    Oct 2010
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    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    Quote Quoting TheJKH1999
    View Post
    If it helps at all...

    I stood in a court room waiting to be called. A woman got called up, she admitted to beating her boyfriend and knocking out 2 of his teeth. This guy had a warrant so he was in prison but she was arrested for DV. The prosecutor denied to prosecute her!! I saw atleast 5 cases similar to that, the woman admitted to hitting and the state denied to prosecute.

    So because they can convict a man without evidence but not a woman they dont even try them most of the time.

    This is just what i have seen sitting in court,
    This eye witness account sounds fishy to me.

  7. #7

    Default Re: Chances of Dropping a Dv 4th Degree and Malicous Mischief from Bf/Girlfriend Figh

    Quote Quoting TheJKH1999
    View Post
    So because they can convict a man without evidence but not a woman they dont even try them most of the time.
    Be VERY careful about listening to advice from a person who has seen ONE case, and makes obnoxious generalized (and inaccurate) statements like this one.

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