Washington’s domestic violence laws run on two parallel tracks. Criminally, over twenty offenses can carry a domestic violence designation, police must arrest the primary aggressor when they have probable cause, and the prosecutor, not the victim, decides whether charges move forward. Civilly, any victim can petition for a protection order, free of charge, and get temporary relief the same day. A conviction or a qualifying order also triggers consequences that sit outside the sentence itself: loss of firearm rights under both state and federal law, and for non-citizens, deportability.
What Counts as Domestic Violence
Two things have to line up: a qualifying relationship and a qualifying act.
The civil statute defines domestic violence as physical harm, assault, or conduct that makes someone reasonably fear imminent injury when one family or household member does it to another. Sexual assault and stalking between family or household members also qualify.1Washington State Legislature. Washington Code 7.105.010 – Definitions
“Family or household members” is drawn widely. It reaches current and former spouses, current and former domestic partners, people who share a child whether or not they ever lived together, anyone who lives or has lived in the same home (roommates included), people related by blood or marriage, and people in a current or former dating relationship.1Washington State Legislature. Washington Code 7.105.010 – Definitions
The criminal code reaches further. Under RCW 10.99.020, more than twenty specific offenses can carry a domestic violence designation when committed between family or household members or intimate partners: assault at every degree, stalking, kidnapping, unlawful imprisonment, burglary, reckless endangerment, coercion, property destruction, and interference with reporting domestic violence, among others.2Washington State Legislature. Washington Code 10.99.020 – Definitions That last one catches a common pattern: taking a victim’s phone to stop them calling 911 is its own crime.
Charges and Penalties
The most common charge is fourth-degree assault with a domestic violence designation. It is a gross misdemeanor, with a maximum of 364 days in jail and a fine up to $5,000.3Washington State Legislature. Washington Code 9A.36.041 – Assault in the Fourth Degree4Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences
Prior convictions change that. Fourth-degree assault becomes a Class C felony if the person has two or more prior adult domestic violence convictions within the previous ten years. Qualifying priors include domestic violence assaults, harassment, stalking, and similar offenses.3Washington State Legislature. Washington Code 9A.36.041 – Assault in the Fourth Degree
Some conduct is a felony from the start. Strangulation or suffocation is automatically second-degree assault, a Class B felony, whether or not it leaves visible injury. The legislature singled out strangulation because it is one of the strongest predictors of later fatal violence. Assault with a deadly weapon or that causes substantial bodily harm is also second-degree assault.5Washington State Legislature. Washington Code 9A.36.021 – Assault in the Second Degree
What Happens When Police Respond
Officers do not have discretion to walk away. Under RCW 10.31.100, an officer with probable cause to believe a person 18 or older assaulted a family or household member or intimate partner within the previous four hours must arrest that person. The duty applies when the officer believes a felony-level assault occurred, when the assault caused bodily injury (visible or not), or when the person’s actions were intended to put someone in fear of imminent serious harm or death.6Washington State Legislature. Washington Code 10.31.100 – Arrest Without Warrant
When each person blames the other, officers are required to identify the primary physical aggressor rather than arresting both. They weigh the relative severity of injuries, the history of domestic violence between the parties, and whether one person was defending against an ongoing attack. The framework exists to keep victims who fight back from being arrested themselves.6Washington State Legislature. Washington Code 10.31.100 – Arrest Without Warrant
Responding officers also have firearm duties. They must seize any firearms they have reason to believe were used or threatened during the incident and any firearms in plain sight. They are required to ask the victim whether there are firearms in the home, whether the alleged abuser has access to firearms elsewhere, and whether the abuser holds a concealed pistol license. Officers must give the victim a written notice explaining the right to request a protection order, the right to ask prosecutors to file charges, and the local shelter and crisis resources.7Washington State Legislature. Washington Code 10.99.030 – Officer Duties
Getting a Civil Protection Order
A domestic violence protection order is a civil order a victim files on their own behalf. You do not need a lawyer, you do not need the abuser to have been arrested, and you do not pay a filing fee. Federal law bars courts from charging victims for filing, issuing, registering, or serving a protection order, and Washington’s forms include a fee waiver.
Petition forms are available on the Washington Courts website and at the clerk’s office of any superior, district, or municipal court.8Washington State Courts. Court Forms – Protection Orders The petition asks for the respondent’s full legal name, a reliable address for service, and a factual description of the most recent acts of domestic violence, including dates and locations.
A judge reviews the petition the same day or the next business day at an ex parte hearing, with no notice to the respondent. If the judge finds evidence of domestic violence and a risk of harm, the court issues a temporary protection order that takes effect immediately. Law enforcement or a process server then delivers the order and hearing notice to the respondent.9Washington State Legislature. Washington Code 7.105.305 – Ex Parte Temporary Protection Orders
A full hearing is set within 14 days, or up to 24 days if the court extends the period for good cause. Both sides can present evidence and witnesses, and the judge then decides whether to issue a longer-term order or dismiss the petition.9Washington State Legislature. Washington Code 7.105.305 – Ex Parte Temporary Protection Orders
No-Contact Orders Are Not the Same Thing
A no-contact order comes from the criminal court, usually imposed when someone is arrested for or charged with a domestic violence crime. Under RCW 10.99.040, the court can prohibit any contact with the victim as a condition of pretrial release or sentencing.10Washington State Legislature. Washington Code 10.99.040 – Duties of Court, No-Contact Order
The practical difference matters. A civil protection order belongs to the victim, who can ask the court to modify or lift it. A criminal no-contact order sits between the state and the defendant. The victim cannot lift it, and the defendant who violates it faces new charges whether or not the victim invited the contact. If the defendant calls, the victim answers, and they meet up, the defendant has still committed a new crime.
Penalties for Violating an Order
A baseline violation of a protection order (contacting the protected person, going to a prohibited location, or coming within a restricted distance) is a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine.11Washington State Legislature. Washington Code 7.105.450 – Penalties for Violations
Two situations push it to a Class C felony. First, any assault that violates a domestic violence protection order and does not already qualify as first- or second-degree assault, and any conduct that recklessly creates a substantial risk of death or serious physical injury. Second, a person with two or more prior convictions for violating protection or no-contact orders faces felony charges on each additional violation.11Washington State Legislature. Washington Code 7.105.450 – Penalties for Violations
Losing Firearm Rights
State and federal law both strip firearm rights, and they do it in slightly different ways.
Under Washington law, a court issuing a domestic violence protection order must order the respondent to surrender all firearms and any concealed pistol license. Surrender is immediate, with firearms turned over to local law enforcement, the state patrol, or a licensed firearms dealer as the court directs.12Washington State Legislature. Washington Code 9.41.800 – Surrender of Weapons or Licenses Separately, anyone convicted of certain domestic violence misdemeanors (including fourth-degree assault, coercion, stalking, and reckless endangerment against a family member) commits a crime by possessing any firearm afterward.13Washington State Legislature. Washington Code 9.41.040 – Unlawful Possession of Firearms
Federal law adds a second layer. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying protection order issued after a hearing with notice and an opportunity to participate cannot possess firearms or ammunition while the order is active. Under § 922(g)(9), a conviction for any misdemeanor crime of domestic violence triggers a lifetime federal ban on firearms and ammunition. There is no exception for military personnel or law enforcement officers. The only paths back are expungement, a pardon, or having the conviction set aside.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Immigration Consequences for Non-Citizens
A domestic violence conviction can end lawful status. Under federal immigration law, any non-citizen convicted of a crime of domestic violence after admission to the United States is deportable. That applies to lawful permanent residents, visa holders, refugees, and anyone else who is not a U.S. citizen. A non-citizen is also deportable for violating a protection order if the court finds the person engaged in conduct involving credible threats of violence, repeated harassment, or bodily injury.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
The immigration definition of “crime of domestic violence” is broad: any crime of violence committed by a current or former spouse, someone who shares a child with the victim, a current or former cohabitant, or anyone in a similar domestic relationship.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A guilty plea counts as a conviction for immigration purposes even if the state court later vacates it or grants a deferred sentence. Non-citizens facing these charges should consult an immigration attorney before entering any plea.
Relief runs the other way for non-citizen victims. The Violence Against Women Act lets certain spouses, former spouses, and children of U.S. citizens or permanent residents self-petition for lawful status without the abuser’s knowledge. Victims who help law enforcement investigate or prosecute domestic violence may also qualify for a U-visa, which provides temporary legal status and work authorization.
Can the Victim Drop the Charges?
No. Once charges are filed, only the prosecutor can reduce or dismiss them. Many Washington prosecutors use evidence-based prosecution, moving forward when the evidence supports the allegations whether or not the victim wants to participate.
A victim who refuses to testify doesn’t end the case. The court can issue a subpoena, and ignoring it can result in contempt. Prosecutors can also build the case from 911 recordings, body camera footage, medical records, photographs of injuries, and statements from other witnesses. The approach exists because recantation rates in domestic violence cases are unusually high, often driven by continued pressure from the abuser rather than any change in what happened.