Domestic Violence Doesn't Mean What You Think It Does: Why "I Just Broke a Windshield” Can Destroy Your Life.
I've heard it hundreds of times in my office:
"I didn't commit domestic violence — I just broke her windshield."
"I didn't hit anybody—I only threw my phone at the wall." "All I did was block the doorway during an argument."
Let me tell you something important: What YOU think constitutes "domestic violence" and what WASHINGTON LAW defines as domestic violence are two completely different things.
THE LABEL THAT CHANGES EVERYTHING
In Washington, "domestic violence" isn't a separate crime—it's a DESIGNATION added to virtually any offense when it involves family members, romantic partners, roommates, or even former dating partners.
This designation transforms misdemeanors into life-altering events, triggering mandatory arrests, no-contact orders, weapons surrender, and enhanced penalties.
Let's be clear about this:
Breaking a windshield might be charged as Malicious Mischief in the third degree—a simple misdemeanor.
But break YOUR WIFE'S windshield, and suddenly it's Malicious Mischief in the third degree-Domestic Violence under RCW 10.99.020.
The difference? Night and day.
THE CRIMES YOU DIDN'T KNOW WERE "DOMESTIC VIOLENCE"
The prosecution routinely charges these actions as domestic violence offenses:
Breaking your own property during an argument (Malicious Mischief-DV)
Taking a phone to prevent calling 911 (Interfering with Reporting-DV)
Sending multiple text messages after being told to stop (Cyberstalking-DV or Harassment-DV)
Raising your voice in a threatening manner (Assault IV-DV)
That's right—you can be charged with a domestic violence offense WITHOUT ever laying a hand on anyone.
THE "MANDATORY ARREST"
Washington law requires officers to make an arrest when they have probable cause to believe a domestic violence offense occurred within the previous four hours (RCW 10.31.100).
Unlike other crimes, officers don't have discretion to simply separate the parties or issue warnings.
This mandatory arrest requirement creates a dangerous dynamic: Once police arrive for a domestic call, SOMEONE is likely going to jail.
What they don't tell you is that "probable cause" can be established almost entirely on the statement of the alleged victim—without corroborating evidence, without witnesses, without injuries.
THE SELF-EXECUTING NO-CONTACT ORDER
Perhaps the most immediate and disruptive consequence of a domestic violence charge is the automatic no-contact order issued at arraignment under RCW 10.99.040.
This order prohibits ALL contact—direct or indirect—with the alleged victim. It typically includes:
No physical presence near the person
No communication through ANY means (calls, texts, emails)
No contact through third parties
Often requires you to leave your own home immediately
Violating this order—even if the other person initiates contact or invites you over—is a separate crime carrying up to 364 days in jail. And each separate contact (each text, each call) can be charged as an individual violation.
I've represented clients charged with multiple counts of No-Contact Order Violations from a single day of texting back and forth with a spouse who INITIATED the contact. The combined potential sentence exceeded the penalty for many felonies.
THE COLLATERAL CONSEQUENCES YOUR ATTORNEY SHOULD MENTION
A domestic violence designation triggers consequences far beyond standard misdemeanors:
Mandatory surrender of all firearms and concealed carry permits (often BEFORE conviction)
Prohibition from working in certain fields including healthcare, education, and security
Potential deportation for non-citizens (even with green cards)
firearm prohibition
Use in future family court proceedings regarding custody and visitation
Enhancement of any future domestic charges
In a recent case, my client—a security guard with no criminal history—was charged with misdemeanor Assault IV-DV after his girlfriend claimed he grabbed her arm during an argument.
Though the case was ultimately dismissed, the PRE-TRIAL firearm prohibition cost him his job and career in the interim.
YOUR IMMEDIATE ACTION PLAN
If you're facing domestic violence allegations in Washington State:
Understand that EVERYTHING you say will become evidence. Exercise your right to remain silent except to request an attorney.
NEVER violate a no-contact order, even if the protected party initiates contact or claims to have "dropped the order."
Preserve ALL evidence immediately, especially text messages, voicemails, and social media posts that might contradict allegations.
Identify potential witnesses who can speak to the nature of your relationship and specific incidents.
Contact Powers Legal at 360-594-0407 immediately for a strategic defense consultation.
The prosecution builds these cases on emotion and initial statements taken in the heat of the moment. We dismantle them through meticulous evidence review, constitutional challenges, and strategic litigation.
The state files domestic violence charges based on minutes of investigation. We defend you based on hours of analysis. That's the difference between conviction and dismissal.
Facing domestic violence allegations? Call Powers Legal at (360) 594-0407 for a free, confidential consultation.
Disclaimer: This blog post provides general information about domestic violence cases in Washington State. It is not legal advice for any specific situation. If you've been charged with a domestic violence offense, contact an attorney immediately to discuss the particulars of your case.