Legal Question in Criminal Law in Washington

Protection/restraining order

I was served with a complaint for assault 4th degree and protection order, the alleged victim had used a false name because of being wanted for a felony warrant. The aformentioned documents were never amended with the alleged victims real name, the day of trial, the prosecutor threatened me with five additional charges for violating the restraining order, by writing five letters to the alleged victim, addressed to her real name, is this an enforceable charge?


Asked on 3/21/05, 5:25 pm

1 Answer from Attorneys
Michelle Farris Law Office of Michelle Geri Farris

Re: Protection/restraining order

Assault and violation of a protection order are criminal charges. You should have an attorney representing you, and if you can't afford an attorney, you will be assigned a public defender.

You may be able to argue that the protection order was not violated because of the name issue, and that therefore the prosecution cannot prove beyond a reasonable doubt that you committed the charged crime(s). However, if the prosecution can prove that you knew of the protection order, and who it was meant to protect, you may not win. You should consult an attorney who can look at the specifics of the evidence in your case. Best of luck!

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Answered on 3/21/05, 5:59 pm


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