Washington State law defines domestic violence offenses as virtually any criminal act committed by one "family or household member" against another. Clarkston Municipal Court hears misdemeanor domestic violence offenses including: assault, property destruction, harassment and telephone harassment, intimidation with a weapon, reckless endangerment and violation of no contact or domestic violence protection orders. Felony domestic violence offenses, such as a No Contact Order violation involving an assault, a third violation of a No Contact Order, assault with a deadly weapon, or even murder, are heard in Superior Court. A "family or household member" includes persons who are now or have been married or resided together, who have been or are presently in a dating relationship so long as both parties are at least sixteen years of age, and persons who have a child in common. In addition, parent-child and step-parent, step-child relationships, grandparent-grandchild (including step-grandparents) and siblings come within the definition of a "family or household" relationship.

Domestic violence offenses in Clarkston Municipal Court are either misdemeanors, punishable by up to 90 days in jail and a $1,000 fine, or gross misdemeanors, punishable by up to 365 days in jail and a $5,000 fine. Felony domestic violence offenses are punishable by more than one year in jail.

A person who has been convicted of a domestic violence assault cannot possess a firearm or get a concealed weapons permit in the State of Washington. Violation of this provision is a felony.

Interfering with Reporting Domestic Violence

A person who commits a domestic violence offense may be charged with a separate crime of interfering with the reporting of domestic violence if that person prevents or attempts to prevent a victim or witness from calling 911, obtaining medical assistance, or making a report to any law enforcement official.

Interfering with reporting is a gross misdemeanor, punishable by up to 365 days in jail and a $5,000 fine.

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Mandatory Arrest

The law requires a police officer responding to an incident of domestic violence to make an arrest if the officer has probable cause to believe that a domestic violence assault or other serious domestic violence offense was committed within the previous four hours.

If the officer determines that family or household members have assaulted each other, the officer will arrest only the person he or she believes to be the primary aggressor. State law also requires mandatory arrest for violations of No Contact Orders and Civil Protection Orders.

A person arrested for a domestic violence offense will usually be held in jail until he/she appears before a judge, usually the following day. The Court may require a defendant charged with domestic violence to sign a No Contact Order as a condition for release from jail prior to trial.

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No Contact Orders

A No Contact Order (NCO) prohibits the defendant from contacting the victim in person, by phone, through writing or through a third party at the victim's residence, work place or school. The NCO remains in effect while the case is pending. A No Contact Order with a duration of up to two years may be issued as a condition of sentence following conviction or as a condition of an agreed disposition. A No Contact Order issued by a judge is valid and enforceable even if it is not signed by the defendant. A No Contact Order signed by a judge or magistrate from any jurisdiction in the United States or it's territories is valid and honored in Washington State.

After a No Contact Order has been issued, only the Court has the authority to lift the order. To petition the Court to consider canceling an NCO, the victim must contact the court of issue.

Violation of a No Contact Order which does not involve an assault is a separate gross misdemeanor offense. A No Contact Order violation which does involve an assault or reckless endangerment may be filed as a felony offense. A third conviction for violation of a No Contact Order may also be filed as a felony offense.

Pressing or Dropping Charges

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A police officer responding to a domestic violence incident must complete a police report whether or not an arrest occurs. The City Attorney's Office will review the police report to determine whether or not to file charges. If charges are filed, only the prosecutor has the authority to drop them. A judge must approve the prosecutor's request to dismiss a case. The victim is a witness for the City and has no authority to drop charges. In many cases, the City will prosecute a case even if the victim refuses to testify.

The City Attorney's Office may choose not to file charges. In that event, the victim will be notified of that decision.

Court Appointed Attorneys

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Domestic violence offenses are misdemeanors, gross misdemeanors, or felonies punishable by jail and fines. Anyone charged with domestic violence has the right to be represented by an attorney. If a person can not afford to hire an attorney, he/she might be eligible to have a court appointed attorney at public expense.

Domestic Violence Victim Advocates

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The Clarkston Police Domestic Violence Victim Advocates to assist domestic violence victims during the process of a domestic violence case through Clarkston Municipal Court. Victim Advocates may contact victims by letter or telephone to gather additional information about the incident or to explain the victim's options. Victim Advocates will explain the court process, often appearing with the victim at court proceedings.

Victim Advocates may be reached at (509) 758-1680.

Civil Protection Orders

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Domestic violence victims may file a court petition for a Civil Protection Order. A protection order does not involve the police or criminal charges. If granted, a Civil Protection Order can:

• Prohibit contact of any kind
• Remove the abuser from a shared residence
• Grant temporary custody of children and set visitation schedules
• Order the abuser into treatment/counseling
• The order can be tailored to meet individual needs.

Forms for protection orders can be obtained at:
Asotin County Court House:
135 2nd Street, PO Box 429
Asotin, WA 99402
(509)243-2027