Legal Question in Criminal Law in Washington

Fourth Degree Assault Domestic - Washington State
My husband fought with his brother - no punches were thrown. The brother shoved my husband. My husband shoved back, a struggle ensued, both brothers stopped fighting (noone had to break it up). They are charged with 4th degree assault domestic. Is the brother guilty by shoving first?
My sister-in-law (the brother's wife) saw the brothers fighting, and punched me. She got me on the ground and continued to punch me over and over. I attempted to defend myself. The witness claims I went towards her in a threatening manner. The witness also claims I threw punches while still standing after she threw the first punch. Even if I had come towards her in threatening manner, can she legally punch me first? We were both charged with 4th degree assault domestic. Is she guilty by throwing the 1st punch?
We have a 10 month old daughter - if we are both found guilty, could CPS take our child? Could MY mother take the child into her custody? Can my mother be a witness based on what the witness told her, or is that heresay?

Asked on 5/14/98, 9:18 pm

Gary Preble Preble Law Firm, P.S.

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Assault and CPS

Call me. I fight the CPS.

As to assault, the state has to prove absence of self defense beyond a reasonable doubt.

Answered on 6/03/98, 5:42 am

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