What happens if I report a domestic violence incident to the police?
Cases concerning domestic violence are reviewed and prosecuted by the domestic violence unit of the Prosecuting Attorney's Office. For a case to be reviewed for charging, it must have been reported to a law enforcement agency and the incident must be available to the prosecutor for review.
The incident report, the available evidence, and Washington domestic violence laws all assist the deputy prosecuting attorney in determining if a case will be prosecuted as a felony or a misdemeanor.
If your abuser was arrested in Pierce County, please call the Pierce County Prosecuting Attorney's Office at (253) 798-6875 for further information. If charges are filed, arraignments for defendants are generally held at 1:30 o'clock p.m. for both Superior and District Courts. If the defendant posted bail and was released from jail, he/she will be instructed when to return to court for arraignment. If no arrest was made, the incident/police report will be referred to the Prosecuting Attorney's Office for review and possible charging at a later date.
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What happens if my abuser is charged?
An arraignment is the first hearing held on any domestic violence case that has been criminally charged. At arraignment, the defendant will be read his/her rights, the formal criminal charges that have been filed against him/her, and the judge will determine the amount of bail, conditions of release (including whether or not a 'No Contact Order' will be issued), and set the pretrial conference hearing date. Defendants are often advised to enter a 'not guilty' plea at arraignment so that the defense attorney will have the opportunity to review police reports, interview witnesses, independently investigate the crime and/or negotiate an appropriate plea. As a victim, you may be able to address the court regarding any concerns you may have and conditions of the defendant's release. The judge makes the final decision regarding conditions of release.
A pretrial conference is the defendant's first opportunity to consider accepting/pleading to an offer that has been presented by the deputy prosecutor. If the defendant accepts a plea and is sentenced, you may be able to address the court regarding sentencing. Defendants have the right to plead 'not guilty' throughout the criminal process and to request a trial. A 'not guilty' plea means that the defendant may require the state to prove in court that he/she is guilty beyond a reasonable doubt.
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I am the victim, why can't I file/drop charges?
As the victim of a crime, your participation and cooperation are a valued part of the prosecution process. However, the State of Washington has the responsibility to hold offenders accountable for their actions when they break the law. Therefore the responsibility to file or dismiss charges lies within the State of Washington, not with individuals. The Washington State criminal justice system insures that the law is enforced consistently and that the community need for justice is met.
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Will I have to testify?
You may need to testify if you have relevant evidence to provide to the court at a trial. If you are required to come to court you will receive a subpoena. The deputy prosecuting attorney and/or victim advocate may speak with you about testifying in court. The best thing to do is to tell the truth.
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Will my child have to testify? If there is a trial, your child may have to testify in court. While this can be stressful, keep in mind that it is often a very positive experience for a child to be heard and believed by a judge and/or jury. Encourage your child to tell the truth and let the child know that the courtroom is a safe place. You may set a time with the victim advocate or deputy prosecuting attorney to tour the courtroom prior to any appearance.
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Will I get paid for my time off work?
You will receive a small witness reimbursement fee and mileage for appearing as a witness if you are subpoenaed. The law sets the amount of the witness fee and mileage and there is no provision to compensate for loss of wages. You may want to check with your employer to find out what the policy is regarding payment.
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Why does my case keep getting continued?
Cases may be continued (set over) due to difficulty in coordinating courtroom space, attorney and witness availability, availability of judges, as well as time needed to complete investigations and to obtain the results of forensic testing. Unfortunately, delays cannot always be anticipated and can be a frustrating part of the process.
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If a defendant pleads guilty and gets probation, does that mean he got away with it?
Probation is a sentencing option, ordered by the court that may allow a convicted offender to remain in the community. It is not a 'free ride'. In practice, it is a suspension of a jail/prison sentence in exchange for the defendant's agreement to abide by conditions set by law and the court. A probation officer monitors the defendant's behavior and compliance with the court ordered conditions. The defendant's freedom is conditional and failure to abide by the terms of probation can result in revocation and imposition of a jail or prison sentence.
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What is a No Contact Order? A No Contact Order is an order that is issued by the judge that prohibits the defendant from contacting the victim on a charged, domestic violence case. No Contact Orders generally state that the defendant cannot contact the victim in writing, via phone, through a 3rd party or in person. If a No Contact Order is violated, the defendant could be facing additional charges.
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Where do I get a domestic violence restraining order or anti-harassment no-contact order?
Petitions for Domestic Violence orders may be obtained, and assistance in properly completing them, in Room 108 of the County-City Building.
Electronic filing of Petitions is also available to Lakewood residents at the Towne Center, 6000 Main Street, and Gig Harbor and Key Peninsula residents at the Gig Harbor Civic Center, 3510 Grandview Street.
Petitions for Anti-Harassment orders may be obtained, and assistance in properly completing them, from the Pierce County District Court in Room 601 of the County-City Building.
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How can I drop the No Contact Order?
Individuals cannot drop No Contact Orders issued through criminal cases. No Contact Orders are often issued at arraignment and sentencing and are designed to enhance the safety of the victim. The length of time that a No Contact Order is in effect and the ability to drop/change a No Contact Order lies only with the judge. For further information regarding this issue, please contact a victim advocate in the prosecuting attorney's office.
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Does the deputy prosecuting attorney/victim advocate represent me?
No. The deputy prosecuting attorney files charges and proceeds with prosecution on behalf of the State of Washington, not on behalf of individual victims. Victim advocates provide victims and witnesses with information regarding the criminal justice process and notification of court hearings, but do not represent victims.
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I'll be bringing my kids to court. What can I do about child care?
There is no childcare available at the courthouse. Although children are not prohibited from entering the courtroom, parents are asked to maintain control of their children at all times. Because all proceedings are recorded, a parent may be asked to leave the courtroom if the child becomes loud.
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