The Duluth Model: Defending Against Domestic Violence Charges in Washington

December 30, 2010

In Washington State, domestic violence is legally defined as physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between family or household members. Sexual assault and stalking by one family or household member against another also are considered domestic violence crimes.

"Family or household members" include:
- Spouses and former spouses
- People with a child in common
- Adults related by blood or marriage
- Adults who live or have lived together
- Adults who are currently or were formally in a dating relationship
- Biological or legal parent-child relationships, including step-parents and step-children

The definition of family and household members also includes those who are 16 years or older and who currently live together or lived together in the past and who currently date or dated at some time in the past.

When someone is arrested for domestic violence, he or she is not charged with domestic violence per se, but with another crime under the Washington State Penal Code. These crimes can be a misdemeanor or felony, depending on the circumstances of the arrest. Some examples of crimes commonly charged in domestic violence cases include:
- Assault
- Burglary
- Criminal trespass
- Harassment
- Kidnapping
- Malicious mischief
- Rape
- Reckless endangerment
- Robbery
- Stalking
- Unlawful imprisonment

Legal Ramifications of a Domestic Violence Charge

Domestic violence charges are serious and should not be taken lightly. Washington State has a mandatory arrest law. This means that the police are required to arrest the aggressor during a domestic violence call if they have probable cause to believe an act of domestic violence occurred within the previous four hours. Things that might give police probable cause for arrest include visible scratches, marks and bruising, for example.

Once a person has been arrested for domestic violence, a criminal no-contact order may be issued against him or her. The order prohibits the person from having any contact, whether over the phone, in person, through email or through a third-party, with the domestic violence victim pending the outcome of the criminal charges. Violating a no-contact order is a crime and results in a mandatory arrest.

Those convicted of a domestic violence crime may be required to serve a jail sentence, pay significant fines, attend a batterer's treatment program and complete a period of probation. For example, convictions for Assault 4, malicious mischief or harassment all carry a maximum one year jail sentence and $5,000 fine. Even the lowest level domestic violence charge -- a misdemeanor -- carries a maximum sentence of 90 days in jail and up to a $1,000 fine.

The ramifications of a conviction for a domestic violence-related offense go much further than the judge-imposed sentence for the crime. These convictions can have negative consequences on other parts of an individual's life, including:
- Child custody and visitation decisions
- The right to possess firearms and carry concealed weapons (for those convicted of domestic violence assault)
- Immigration issues -- including triggering deportation for undocumented aliens and those with legal permanent residence status
- Professional licenses

Additionally, having a criminal record -- especially for a felony domestic violence charge -- can make it difficult to secure certain types of employment. For example, if the job requires an individual to carry a firearm, he or she will not be able to do so because of the prohibition on possessing firearms for those convicted of certain domestic violence crimes.

The Duluth Model

The majority of states, including Washington, follow what is known as the "Duluth Model" for the treatment of domestic violence. The Duluth Model emphasizes the importance of a coordinated community response to domestic violence, providing victims with the help they need and holding those responsible for perpetuating domestic violence accountable for their acts.

An integral component of the Duluth Model is the belief that men who commit domestic violence do so as a means of controlling women through abuse. The model uses a power and control wheel to help both victims and aggressors identify the types of behaviors that may be used to try to control a victim's actions. Examples of these behaviors include the use of intimidation, emotional abuse, economic abuse and threats.

Mandatory arrest policies are one of the ways that aggressors are held accountable under the Duluth Model. They also are required to attend mandatory batterer intervention programs that focus on helping them identify abusive behaviors, understand why they do it and then provide them with the necessary tools to change their behavior. In Washington, anyone convicted of an act of domestic violence runs a serious risk of having to complete a one-year state-certified batterer intervention program.

The Duluth Model has been criticized recently for failing to recognize that additional factors other than a need to control may lead some people to commit domestic violence. Some of the causes of domestic violence that are not considered by the Duluth Model include alcohol and drug abuse by victim or abuser, mental health disorders, anger and aggression issues and family history of abuse. Certainly, if the victim or defendant has one of these conditions, it can and should affect the court and prosecutor's treatment of the case. The Duluth Model also has been criticized for being sexist because it focuses solely on men as being the aggressors. While the majority of domestic violence crimes are committed by men, women can also be the aggressors and have been charged and convicted of these crimes.

Prosecutors and judge's tend to treat Domestic violence treatment as the catch all for any aggressive behavior by family or household members, and forget that it is meant for people engaged in a "pattern or course" of controlling behavior and not for isolated acts of violence or isolated acts of violence driven by other factors. Isolated acts of domestic violence can be a byproduct of other problems in the home, and making sure those problems are brought to light is necessary to achieve a fair and just outcome.

Contact an Experienced Criminal Defense Attorney

If you have been charged with domestic violence or with violating a no-contact order, it is important to seek the help of an experienced criminal defense attorney as soon as possible. It is an unfortunate truth that sometimes people will file a false report of domestic violence as a way to get revenge, gain the upper hand in a custody dispute or for other selfish reasons.

If you are facing your first charge of domestic violence, there are options, but they must be sought and advocated for.

Keep in mind that the victim does not have the power to have domestic violence charges against you dropped. The prosecutor decides whether or not there is enough evidence to bring criminal charges. For more information on defending against domestic violence charges, contact an experienced criminal defense attorney today.

Article provided by Rhodes & Meryhew, LLP
Visit us at www.rhodesmeryhew.com