WHAT TO DO IF YOU ARE ARRESTED
FOR DOMESTIC VIOLENCE ASSAULT
Do you know what "domestic violence" is?
You probably don't, and you can be guilty without realizing it!
"Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. RCW 26.50.010(1).
Many wives are starting the divorce process by having their husbands arrested for Domestic Violence Assault. Why? Because if the divorce court believes them, Mom automatically wins the custody fight. RCW 26.09.191.
The more likely it is that Dad will win custody, the more likely it is that he will have to defend against false accusations of domestic violence.
It doesn't matter if you are actually guilty or not; if a wife calls the police, her husband will almost certainly be arrested, and if he is convicted, he will have no chance in a custody fight -- and lots of other problems, of course!
If the police come to arrest you, they WILL arrest you. Don't think you can talk your way out of it! It isn't up to them to decide if you are guilty or innocent, but only if they have "probable cause" to arrest you, and her complaint is probable cause.
You CANNOT help yourself by telling your side of it to the police, you can only hurt yourself, so do NOT talk to the police except --
1. Confirm your identity.
2. Ask: "Am I a suspect? Are you here to arrest me? What am I accused of?"
3. The police have the right to detain you BRIEFLY to investigate, but after that, you are legally "under arrest" (whether they say so or not) if you don't feel free to leave. "Washington courts consider a person 'seized' when an officer, by physical force or show of authority, restrains the person's freedom of movement and a reasonable person would not believe he or she is free to leave." State v. O'Neill, 148 Wn.2d 564, 574, 62 P.3d 489 (2003).
4. If the police try to have a long conversation with you, say: "I don't feel like talking right now. Am I free to go?" -- and if they say "no," ask: "Am I under arrest? Aren't you supposed to advise me of my rights?"
5. Deny guilt, but don't explain; just say: "That isn't true. I didn't do that."
6. The police will say things like: "An innocent man would want to tell his side of it." In a courtroom is where you tell your side!
7. Don't let the police con you (or bully you) into talking.
8. KEEP QUIET! You'll never have to explain later what you didn't say. The police will use whatever you say against you. For example, suppose they ask you this: "Were the two of you fighting?" By "fighting," YOU mean "arguing," but that's not how it will read in the police report if you answer: "yes."
9. Say: "I don't want to answer any more questions."
10. Say: "I want you to stop asking me questions."
11. "No, thank you; I don't want to sign a written statement."
12. Say: " I want a lawyer!" -- unless you have already retained counsel; hand the senior officer your lawyer's business card and say: "I'm represented by counsel, and I want my lawyer!"
13. Don't try to cut a deal with the police; only the prosecutor has the authority to make deals.
14. Take your rights seriously. A lot of good men died for them.
15. Always be polite to the police; don't give them a hard time or you'll be sorry. NEVER resist arrest or do anything that might frighten them!
16. If you take a prescription medicine daily, be sure the police deliver it to the jail along with you, and be sure the jail nurse gives you your medicine on time.
17. Stay calm. Jail will not be a terrible experience; mostly it will just be boring. Cooperate with the guards; do what they say! Don't pick fights with the other prisoners and don't talk to ANYBODY about your case except your lawyer!
18. You should call your lawyer right away, if you have one. If you get voice mail or an answering machine, speak slowly and distinctly, and DON'T forget to say WHICH jail you're in!
19. Jail phones are NOT private; whatever you say will be recorded and the police will listen to it. Never say anything on a jail phone that you wouldn't want to hear repeated in a courtroom -- keep your message simple, like: "This is Bill Clinton. Hillary had me arrested for domestic violence. I'm in the King County Jail; come get me!"
20. DO NOT PHONE YOUR WIFE FROM THE JAIL! Don't have any contact with her at all; you don't want the judge to think you are a dangerous stalker. Let your lawyer do your talking for you.
21. When you get out of jail, you will be subject to a restraining order that will keep you away from your home, at least for a while. YOU MUST OBEY IT! Nothing will sink your custody case faster than a second arrest, this time for violating the domestic violence restraining order. Go to your safe place, where you have your emergency suitcase (see the "How to Get Ready for Divorce" page).
22. Don't lose heart. Your custody fight has not been lost simply because you got arrested; the experienced judges know how many of these accusations of Domestic Violence are false. Trust your lawyer to get you out of this mess!
I do not do criminal defense.
I recommend three DV criminal defense attorneys, all good choices:
Mike Rosen (206) 324-1515
Sabrina Housand (206) 262-7997
Helmut Kah (425) 892-6467
If you are arrested for DV, you should talk to your criminal defense attorney about a Stipulated Order of Continuance. The SOC is the one way you can be sure you won't be convicted. Be sure your SOC has a clause saying the stipulation can't be used in any other action!
Do you think I'm being unfair to the police?
I've represented a lot of cops in their divorces, including a high-ranking officer in a large local police force. I asked him if he had seen my website, and he said he had.
I asked him if he had read my advice about what to do when you're arrested for DV, and yes, he read what you just read.
I asked him if he liked what I wrote about cops and he said:
"no . . . but it was true."