Legal Question in Criminal Law in Washington

Violation of Protection Order

3 1/2 years ago I pled to 3rd degree assault againt my fiancee.I was sentenced to 2 years probation.I have completed prob., and anger mgmt/D.V. class.The judge placed a 5 year nocontact order.My fiancee and I have been in contact and have lived together despite the order. I got 2 prob. viol. for viol. the prot. order. Every time I went to court my fiancee was there and asking the judge to drop the order and was denied every time.When I went in on a pay or appear hearing last week,I asked the judge to dismiss the order.He told me to speak to the court clerk about the formal method of appr.the court on the matter. The clerk told me to talk to the court facil.,who told me it wasn't her dept.I gave up in frustration and then got arrested when the police came to my house on a noise/ disturbance call and found us together.So now I have ANOTHER viol. to answer to.I was denied a pub. Def. and cannot afford one no matter what they say.The prosecutor is recommending 365/362 suspended credit for 3 served and 24mths of probation,bench probation I believe.Not a bad deal,but I still believe that I have not committed a crime.Neither of us want order,i completed court orders,and he was in my house,not on lease.Can I get a better deal?try a jury?


Asked on 9/08/05, 6:37 am

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

Re: Violation of Protection Order

It is not a legal defense to the charge that the victim did not want the order. In fact it is likely at a jury trial that the judge would not even allow her to testify to that fact as it is not relevant to whether you violated the order or not. You will have a tough jury trial without an attorney. You definitely need an attorney if you want any hope of prevailing at trial. What city/county are you in? I would take financial documents showing income to expense to your next hearing and ask the judge to consider it--and if he/she will not do your best to "put it on the record"--say it for the recording--that you are being denied a lawyer and you cannot afford one. However, everyone has a different idea of what they can afford. If you cannot afford a lawyer because of your $500 car payment or boat payment the judge will likely tell you to sell.

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Answered on 9/08/05, 12:00 pm


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