Unfortunately, mandatory arrest laws in Washington state often lead to a night in jail followed by aggressive prosecution.

The victim in this type of gross misdemeanor assault may have no injuries at all and may have been slapped with an open hand. Assault in the fourth degree is generally defined as an assault with no or minor injuries. Domestic Violence Assault 4th degreeĭomestic Violence Assault-4th degree is a gross-misdemeanor in Washington state, punishable by up to 364 days in jail, loss of gun rights, a No-contact order with the alleged victim and a $5,000 fine.

The State of Washington and those who enforce the law give maximum protection to the 'victim' and can spend very little time hearing both sides of the story. They can make an arrest even after the four-hour period, depending on the circumstances. When police respond to a domestic violence call in Washington State they are required to make a written report and make an arrest if they believe that an assault occurred within the previous four hours. The term 'family or household member' under the domestic violence law includes 'spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older with whom a respondent sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.' The 4-hour rule

Time to get an experienced Domestic Violence Attorney on your side. They try to deduce what occurred based on verbal reports, witness reports and injuries, but do not have detailed information about the relationship between you and the alleged victim. Police officers respond to 911 calls and are almost never witnesses to the alleged crime. Calling the police first does NOT make someone a victim! Police officers are generally not well positioned to determine who is a 'victim' of domestic violence.

Malicious mischief domestic violence