Washington Domestic Violence Legal Questions

Generally speaking, to qualify for restoration of your gun rights, you must meet certain baseline criteria: You have no other pending criminal charges in Washington or any other state. You have never been convicted of a Class A Felony or a sex offense, or been found not guilty by reason of insanity. If restoring following a felony conviction: it has been at least five years since you were convicted of a criminal charge. If restoring following a misdemeanor Domestic Violence conviction: it has been at least three years since you were convicted of a criminal charge, and you have completed all conditions of your sentence. You do not have any prior felony convictions prohibiting you from possessing a firearm. You have never been convicted of a felony charge where the use of a firearm was involved. Only a court can restore your right to possess a firearm. Thus, the application should not be filed with the police department, but rather with a judge. Once the application has been filed, the court and the prosecutor will review your application. Additionally, a hearing may need be scheduled to facilitate this process. Every case is different, presenting unique facts and circumstances. So it is best to consult with an attorney who can review your case. If you would like to do this on your own, then you would need to file a motion and citation with the court, and serve the prosecutor's office with a copy of your filed documents.     ... Read More

Get an attorney to help you if you can.  If you cannot, go to the superior court in the county in which you live, find the clerk's office, and ask for forms for a restraining order to keep the guy away from you.  Once you get the restraining order, the police will help. If you are suffering physical abuse or he is locking you up, call 911. Good luck, and sorry for your problems.... Read More

Sorry about your difficulties, Shawn.  First, make sure you do not violate the TRO.  Second, make sure you appear at all court dates.  Third, you should really consider retaining an attorney to help you with this.  She can get in trouble for making false allegations (perjury), but the truth is that perjury laws are rarely enforced in domestic violence settings.  When you go to court you are entitled to tell the judge what happened.  So is your girlfriend.  If you disagree on what happened, the judge will have to make a decision.  He doesn't have a crystal ball and will likely err on the side of making sure that no one gets hurt.  In other words, if she says you hit her and you say you didn't, it might be a tough day for you.  If you have any evidence, make sure to take it to the hearing.  Were there any witnesses?  Make sure to obtain a copy of the police report and have that with you.  If this goes to a full trial, you will need to subpoena the police officer that came out to the house to testify that your girlfriend denied violence. Tough situation.  No matter what happens, make sure at the first hearing to ask the judge to give you your things.  As to ownership/right to live in the house, again, your should contact an attorney. Best of luck in a difficult situation.... Read More