Domestic Violence Charges in Washington

Domestic violence in Washington is a designation added to an existing crime (such as assault, harassment, malicious mischief, trespass or stalking) when it is committed by a family or household member or an intimate partner, including spouses, former spouses, people with a child in common, and current or former dating partners age 16 or older; it is not a separate crime. Fourth-degree assault (normally a gross misdemeanor, up to 364 days and $5,000) becomes a class C felony (up to 5 years and $10,000) when domestic violence against an intimate partner is pleaded and proven and the person has two or more prior adult convictions within ten years for repetitive domestic violence offenses, harassment, or first- to third-degree assault. Assault by strangulation or suffocation is second-degree assault, a class B felony (up to 10 years and $20,000).

Washington's rule on court-appointed lawyers: A person is indigent if he or she receives listed public assistance (such as TANF, aged/blind/disabled assistance, Medicaid, SSI, food stamps or refugee resettlement benefits), is involuntarily committed to a public mental health facility, has an annual income after taxes of one hundred twenty-five percent or less of the current federally established poverty level, or has available funds insufficient to pay any amount for counsel. A person who cannot pay the full anticipated cost of counsel but can pay part is 'indigent and able to contribute.' The court or its designee determines indigency at the first contact or as soon as feasible, using a form prescribed by the Office of Public Defense; the ability to post bond or the resources of friends or relatives (other than a non-victim spouse) cannot by themselves bar appointment, and information provided is confidential from the prosecution in the pending case. A person who is indigent and able to contribute must sign a promissory note for the contribution; the statute sets no specific fee. RCW 10.101.010(3)-(4), 10.101.020

Lawyers set their own fees, and Washington has rules on how they may charge. See hiring a criminal defense lawyer in Washington for fee rules, how to check a lawyer's license and free help.

How release before trial works in Washington: If probable cause has not been found, the accused shall be released without conditions. Any person, other than a person charged with a capital offense, shall at the preliminary appearance be ordered released on personal recognizance pending trial unless the court determines that recognizance will not reasonably assure appearance, or there is shown a likely danger that the accused will commit a violent crime, or intimidate or threaten a witness, victim or court employee, tamper with evidence, or violate a protection, no-contact or restraining order. If the court finds the accused is not likely to appear, it must impose the least restrictive conditions that will reasonably assure appearance (such as supervision, travel restrictions, an unsecured bond, a bond with a cash deposit of not more than 10 percent of the bond amount, a surety bond or cash, or electronic monitoring). If the court requires a secured or unsecured bond, it must consider the accused's financial resources. Factors include history of response to legal process, employment and education, family ties, reputation and mental condition, length of residence, criminal record, community members willing to vouch for the accused, and the nature of the charge. On a showing of substantial danger, a bond conditioned on compliance may be imposed only if no less restrictive condition would reasonably assure community safety. Wash. Superior Court Criminal Rule CrR 3.2 (amended effective December 23, 2025) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Washington expungement and record sealing rules.