Recent Blog Posts

What to Do if You Have Been Charged With Violating a DV No-Contact Order in Edmonds Municipal Court

Edmonds Domestic Violence Attorney — Mon, 12 Sep 2011 17:49:00 GMT

If you have been charged with Violation of a Domestic Violence No-Contact Order in Edmonds Municipal Court, or elsewhere in Washington State, it is important that you contact an Edmonds Defense Attorney quickly.

Edmonds Domestic Violence No-Contact Orders are issued in relation to criminal domestic violence charges. These orders prevent you from having any contact at all with the protected party, including direct contact, phone contact, electronic contact, and contact through third parties. Any allegation that you have violated the Edmonds DV No-Contact Order will be taken very seriously. Not only will you be facing up to 364 days in jail, a $5000 fine, and the loss of your firearm rights, but if the original case is still pending, it can become more difficult to defend the original charges. In order to have the best defense possible, you should contact an experienced Edmonds DV No-Contact Order Defense Attorney immediately.

I have over a decade of experience as an Edmonds DV No-Contact Order Defense Attorney. Additionally, I spent seven years prosecuting these charges. I know how to look at your Edmonds DV No Contact Order Violation charge from both sides to come up with your best defense. As you can see from my client reviews, this unique experience has given me an edge that oftentimes leads to the successful resolution of my client's cases.

Contact me today for your free consultation. Edmonds DV No Contact Order Violation Defense Attorney Lance R. Fryrear is here to help.

What To Do if You Are Charged With DV Harassment in Washington State

Lynnwood Domestic Violence Attorney — Mon, 29 Aug 2011 22:38:00 GMT

Harassment is a very serious charge. There are a number of different ways you can be charged with Harassment, and with the addition of a domestic violence allegation it can become even more complicated. Because of this, if you have been charged with Domestic Violence Harassment, in Bothell, Seattle, Edmonds, Everett, Shoreline, or elsewhere throughout Washington State, you should speak to an experienced Domestic Violence Harassment Defense Attorney as soon as possible to go over your case in detail and come up with the best possible defense and course of action.

Harassment often involves threats against another person's physical safety, but, there are many other situations that could be considered harassment as well. Harassment is defined by statute (RCW 9A.46.020) as knowingly threatening without lawful authority to either: (1) cause bodily injury to another person, (2) cause physical damage to another person's property, (3) subject a person to physical confinement or restraint, or (4) to maliciously do any other act intended to substantially harm a person's physical or mental health or safety.

To be considered criminal, the person threatened must actually be in reasonable fear that the threat will be carried out. A possible defense to harassment is showing that the person threatened did not actually believe that the threat would be followed through with. "Threats" go beyond mere verbal words and can also be implied through conduct or sent through the use of any writing or electronic communication.

Harassment is generally a gross misdemeanor, meaning that you could be facing up to 364 days in jail and a $5000 fine, but in certain situations it can be raised to a felony.

A charge is classified as a domestic violence related if the allegation is that it was committed by one family or household member against another.

It is very important that you speak to an experienced DV Harassment Defense Attorney before your arraignment because, at that first court date, the court will set a number of conditions which may be avoidable if you have an organized and effective advocate on your side. Specifically, the court will consider whether or not a no contact or no harassment order should be imposed, whether any weapons should be surrendered, and whether any other conditions should be ordered while the case is pending. It is important to be aware that if the court issues a no contact or no harassment order , a violation of the order is considered a new crime and you could then be facing up to an additional 364 days in jail and $5000 fine. You should consult with an experienced Domestic Violence Harassment Attorney as soon as possible to have the best chance at avoiding a no contact order.

I, DV Harassment Defense Attorney Lance R. Fryrear , have over a decade of experience defending DV Harassment cases and an additional seven years of experience from the other side as a prosecutor. I know how to analyze all of the complicated issues in these types of cases and I have an inside track from my experience as a prosecutor. For many of my clients , I have been successful in avoiding no contact orders and in aggressively advocating for the best possible resolution.

Call today for your free consultation with Domestic Violence Harassment Defense Attorney Lance Fryrear. I am on your side.

Avoiding a No Contact Order in your Washington Domestic Violence Charge

Lynnwood Domestic Violence Attorney — Fri, 19 Nov 2010 06:34:00 GMT

If you are charged with a Washington state domestic violence charge, the judge will likely issue a no contact order against you at your arraignment. For this reason, it is extremely important to have a Lynnwood Domestic Violence Attorney involved in your defense as soon as possible. I have been defending my clients from Washington domestic violence charges for over a decade.

The best way to avoid a no contact order at your arraignment is for the alleged victim to appear and express his or her wish that the court not issue a no contact order. In almost every court in Washington a victim is allowed to speak at the arraignment for your assault domestic violence charge. The court considers many factors when deciding whether or not to issue a no contact order in your Washington domestic violence case. These factors may include:

Whether the defendant has any prior domestic violence history
The nature of the current case - were there injuries?, were there threats?, etc.
The demeanor of the alleged victim in court
Does the alleged victim say he or she is not afraid of the defendant?
Does the alleged victim just want the defendant home for financial reasons?
Are there family or children issues that weigh against a no contact order?
Is the defendant taking steps to mitigate what caused the incident - i.e. alcohol or domestic violence treatment?

These are some of the factors the court may consider. There are many others and each court is different. For this reason, if you wish to have the best chance to avoid a no contact order in your Washington domestic violence case, it is important to contact a Lynnwood Domestic Violence Attorney as early as possible in the case.

If you need help in defending your Washington domestic violence charge, Lynnwood Domestic Violence Lawyer is here to help.

What is a Lynnwood Malicious Mischief Domestic Violence Charge?

Lynnwood Domestic Violence Attorney — Thu, 18 Nov 2010 06:00:00 GMT

If you are charged with a Lynnwood Malicious Mischief Domestic Violence charge, you are being accused of purposefully damaging the property of a family or household member. As a Lynnwood Domestic Violence Attorney, I defend my clients on these types of charges every day. The most common Washington Malicious Mischief DV charge is the gross misdemeanor offense, Malicious Mischief 3rd Degree DV.

RCW 9A.48.090 states that a person is guilty of Washington Malicious Mischief in the Third Degree when he or she:

Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; (less than $1500 damage) or
Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree. (tagging / graffiti)

For the charge to be a domestic violence charge, the property of "another" must belong to a "family or household member" which basically means the property must belong to someone you have dated, are married to, are related to, or have lived with - even as roommates.

There are possible defenses to a Lynnwood Mal Mis 3 charge that include the property belongs to you alone, or that the property was damaged by accident. You can check out common defenses to Washington domestic violence charges here.

If you are charged with a Lynnwood Malicious Mischief charge, or a Washington Malicious Mischief charge contact a Lynnwood Domestic Violence Attorney to get the best possible defense.

Get Your Assault 4 Domestic Violence Charges Dismissed in King County Kent Regional Justice Center Domestic Violence Court?

Lance Fryrear — Wed, 17 Nov 2010 05:47:00 GMT

If you are charged with Assault 4 DV - Domestic Violence in unincorporated King County, your charges will be heard at the Kent RJC domestic violence court. It is important to know how this court works and what offers the prosecutors are empowered to make in an effort to successfully resolve your case without a conviction. If your case is resolved without a conviction, this means that the Assault 4 charge will be kept off of your record.

After your arraignment on Washington Assault 4, Malicious Mischief, Harassment, or other Washington domestic violence charge, your case will likely be set for a pretrial hearing. It is important that your obtain a Washington Domestic Violence Attorney to represent you at your pretrial hearing. The court procedure at your pretrial hearing calls for your Washington Domestic Violence Assault Attorney to negotiate with the prosecutor on your behalf. If a successful agreement is reached, your case may be resolved that day. If a successful agreement cannot be reached, your case may be set for motions, or even a jury trial.

In representing my clients on King County domestic violence charges, I am often able to negotiate an offer that ends up with the charges being dismissed if certain conditions are met. This offer is often referred to as a pretrial diversion, or a stay of proceedings. Basically this offer is a contract between the defendant and the state where the defendant agrees to maintain lawful behavior and agrees to do certain other requirements. These other requirements often include completing domestic violence classes, paying court costs, completing alcohol treatment (if alcohol was involved in the incident), checking in with a probation officer, and coming back to court when required. If the defendant lives up to his or her end of the contract, the state agrees that the prosecutor will move to dismiss the case at the end of the contract period. For the Kent Regional Justice Center domestic violence court, the term of the contract is usually 18 months.

While the pretrial diversion offer seems like a great opportunity at first, you should be sure to consult with a Washington Domestic Violence Attorney before entering a deal and giving up your rights. As part of the diversion deal, you have to agree to give up your right to a trial, and stipulate to the admissibility of the police report should you violate or fail to complete the agreement. This means that if the contract is violated, the judge will just read the police report and in almost all cases find you guilty of the underlying crime and then proceed to sentencing. Sentencing in that particular court is often harsh, including lengthy jail terms. So, while there is a lot to gain with such an agreement, there is also a lot to lose. Again, make sure to consult with an experienced domestic violence attorney when facing a domestic violence charge at the Kent RJC.

If you are charged with Assault 4 Domestic Violence, Lynnwood Domestic Violence Assault Attorney Lance Fryrear is here to help.

How to Drop a No-Contact Order in Everett Municipal Court

Lance Fryrear — Tue, 16 Nov 2010 06:25:00 GMT

If you are charged with a Domestic Violence offense in Everett Municipal Court you are likely restrained by a no-contact order that was entered at the arraignment. This no-contact order is often a great obstacle to putting your life back together. Most courts in Washington State do not have a set procedure for dropping no-contact orders. Everett Municipal Court, however, has their own domestic violence prosecutor, and thanks to her efforts, along with the wisdom of the court, there is a set procedure to try and address removing the no-contact order pretrial.

Indeed, I often defend my clients on Assault 4 DV or Assault 4 Domestic Violence charges in Everett Municipal Court. Other types of charges that may have no-contact orders in Everett Municipal Court are Malicious Mischief 3rd Degree DV, Harassment DV, Stalking and even No-Contact Order Violations. If you are charged with a domestic violence crime in Everett Municipal Court, you should ask your Everett Domestic Violence Defense Attorney about whether it makes sense in your case to try and have the no-contact order dropped.

In my experience, the rule of thumb for dropping a no-contact order in Everett Municipal Court requires that:

The victim wishes the no-contact order dropped and appears in court on a motion hearing set in number 2 below.
Your Everett domestic violence attorney sets a motion for a Wednesday at 3 p.m.
The victim speaks to the domestic violence advocate the day of court and then addresses the court as to why he or she wants the order dropped.
The defendant shows that he or she has completed at least 2 domestic violence classes.

The most important factor is step 4. It is important to remember, however, that if a defendant enrolls in domestic violence treatment, and completes 2 classes, he or she will likely be required to complete all of the classes by the court. Domestic Violence treatment usually consists of one year of classes so this is a step that should not be entered into lightly. It is best to consult a Washington Domestic Violence Defense Attorney before taking any steps in your Everett domestic violence case.

If you meet all 4 steps above, there is no guarantee that the court will drop the no-contact order, as each case is different and the prosecutor may still object. Still, if all 4 steps are met, you will have a very good chance of having your Everett no-contact order dropped pretrial.

Lynnwood Domestic Violence Defense Attorney Lance Fryrear is here to help drop your no-contact order in Everett Municipal Court or elsewhere in Washington State.

Welcome to our Lynnwood Domestic Violence Blog

Domestic Violence Attorney — Wed, 10 Nov 2010 20:09:00 GMT

We are pleased to announce the launch of our Lynnwood Domestic Violence Blog.