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  1. #1
    Join Date
    Feb 2013
    Posts
    2

    Default 4th Degree Dv Assault and No Contact Order Violation

    My question involves criminal law for the state of: Washington

    I am the victim

    Timeline:
    Assaulted - Cuts, bruises, hole in the wall where I was thrown through
    No contact order places after arraignment
    Pre-trial - Continuance, abuser wants to have psychiatric evaluation
    Pre-trial again - Continuance, abuser is will undergoing treatment
    No Contact Order Violation - 4 months after assault
    Pre-trial again for DV Assult - Plead Not Guilty, trail set for end of Feb
    Citation mailed for No Contact Order Violation - Trial set for mid Feb

    I am being represented my the city prosecutor. Most of what I know I had to research myself. I now live out of state. I do not want to fly in for trial but I will. I have yet to be subpoenaed.

    I am wondering if the No Contact Order Violation can have any affect on the trial, being that it is a separate charge. Can it also change the decision to go to trial? He has already admitted to investigators, his probation officer and the city prosecutor he did it.

    I will testify truthfully. I did not run and hide while the abuser was hurting me. I was not the one who called the police, he was. My eye glasses were knocked off during the initial scuffle, and only after he ran off to call 911 was I able to search for them and my cell phone. He was pleading initially to police that he was defending himself from me, but I have never hit or touched him. He had his phone on him the entire time. The ordeal lasted maybe 30 minutes, I think. Will this reflect poorly on me, since I didn't try to escape? What are the possible outcomes.

    Also, would it be in my best interest to hire my own attorney? The defendant has a private attorney. I have the city prosecutor and DV Victims Advocate. Can I sue him for costs incurred, having to leave my job, etc, if I win?

  2. #2

    Default Re: 4th Degree Dv Assault and No Contact Order Violation

    Quote Quoting 2013snow
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    I am wondering if the No Contact Order Violation can have any affect on the trial, being that it is a separate charge. Can it also change the decision to go to trial?
    Yes, violating a no contact order associated with a criminal case can certainly cause additional charged to be added to the original DV case, as it shows a pattern ol behavior.


    Will this reflect poorly on me, since I didn't try to escape?
    No. The duty isn't on you to escape, it's on him to not batter you in the first place.


    What are the possible outcomes.
    Anything from the state dropping the case and setting him free, to making a plea deal, all the way up to maximum sentence of incarceration and fines - most cases end up somewhere in between. Keep in touch with your advocate on this - the state's attorney is required by law to at least consult with you PRIOR to accepting any final plea deal.



    Also, would it be in my best interest to hire my own attorney?
    Only if you wish to bring a civil suit of your own, to sue him for any damages for that don't get reimbursed or covered in any restitution ordered by the court. In the criminal case, the state's attorney handled the whole shebang on behalf of you, the immediate victim, and on behalf of society as a whole, the extended victims of the crime.


    Can I sue him for costs incurred, having to leave my job, etc, if I win?
    Realistically? Yes, anyone can sue anyone else for just about anything. If you want to bring a case for things like medical expenses (try crime victim compensation FIRST - you'll get paid MUCH faster - then they'll ask the court to order that he reimburse them as part of his criminal sentence) or damaged personal property, yes, a civil case is the way to go. BUT....suing and winning are two very different things, and actually COLLECTING on your judgment is the hardest part of the whole ordeal. You won't win damages from him if you CHOOSE to leave your job. However, you would qualify for unemployment benefits if you can show that leaving was necessary to protect yourself or immediate family from DV or stalking. (Obviously some of that will hinge on what happens with the criminal case - if he's locked up for some significant time, the need to move is moot.)

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: 4th Degree Dv Assault and No Contact Order Violation

    Thank you, I really appreciate the response.

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