Legal Question in Criminal Law in Washington

my husband was charged with domestic harrassment... during an argument when he was just clamming up and not speaking, i said "you really scare me when you get like this"

to which he replied a VERY sarcastic "oh, you're scared of me? well, here's your phone, better call the cops cause i'm gonna kick your ass..."

and then when (laughing) i told him he was being ridiculous, he said, here i'll call them for you. and he did. mind you, to the dispatcher he said he wanted the police to come and tell me to leave him alone because he didn't want to talk. the police came, i told them what happened, and he did too, & what led to him calling the cops. when i told them of the sarcastic comment, they arrested him! even when the whole time i stated that i was in NO fear of him. what do i do now?

Additional information

the police officers on scene kept trying to get me to say that he did something to me, even at one point saying "what if" we told you that he said you were hitting him? and i told them that would be messed up, to which they said, yes, it would be. now do you want to tell us what he did to you?

and questions like--

why are you crying if you're not afraid?

i told them i was crying because it's kind of embarrassing to have 3 cops in your house when nothing really happened for them to be there...

this is all just a big mess. the judge gave a FIVE year no contact order. apparently, this is standard in all cases pretrial. he has a lawyer who says that due to the fact that i stated from the get go that i was never in any fear, the case should be dismissed. however, the "domestic violence advocate" that spoke to me says that isn't true, because it's up to the police to decide that i was in fear? what????

if they don't lift it, i will NOT divorce my wonderful husband over this. if we move out of state, will we be okay? this is a city of vancouver misdemeanor. i can't believe how railroaded i feel right now, and the only advocate being offered to me that i can afford works for the prosecution. this doesn't seem fair, since i don't want to prosecute.


Asked on 9/07/09, 6:01 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

When the case is dismissed or a not guilty finding entered the no contact order will end. The PD is right that your statements that you were never in fear are a basis for dismissal. He/she should bring a "Knapstad motion," based on State v. Knapstad, to dismiss your charge. If that is not successful your husband should be prepared to go to trial. This sounds like an easy win and I'd be happy to assist you. Contact me directly if you'd like further help.

At your service,

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Answered on 9/17/09, 11:49 am


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