One of he most obviously flaws with Washington's Domestic Violence laws is the broad scope of what constitutes a "family or household member". Unfortunately, the legislature has made just about everybody under the sun a potential "family or household member". The definition includes:
- a spouse or former spouse (whether as a spouse you currently live together or not, and regardless of the fact that the "former spouse" may have been divorced from the alleged victim for decades!);
- persons who have a child in common regardless of whether they were ever married or even lived together at any time (so, even if the people involved have never lived together and the alleged violence takes place at Safeco field and has nothing to do with the child in common, it's still potentially domestic violence!);
- adult persons related by blood or marriage (this could include adult brothers, sisters, or brother and sister who have their own homes and families, but get into some dispute; in-laws who become related through the marriage of others; step children who live in separate households; second cousins who barely know each other;
- adult persons who are currently residing together or who have resided together in the past (this theoretically could include a roommate you had in college, even though you've graduated 10 years ago and are no longer sharing the same room; completely unrelated people renting rooms in the same home; short term guests in your home who are not related to you in any way);
- persons sixteen years of age or older who are presently residing together OR who have resided together in the past and who have OR have had a dating relationship (the first portion would cover any alleged violence between teens 16 or older who reside together, no matter where, regardless of whether they are related or ever had a romantic relationship; the second prong would cover anyone sixteen or over who had even the briefest "dating relationship" regardless of whether the two were still living together or not!
Example: You run into a girl tonight at party. You had dated and lived with her briefly 10 years ago. You have had absolutely NO contact with her for over 10 years. You say something that offends her and she slaps you. Under the statute, she can be charged with Domestic Violence Assault!)
- persons sixteen years of age or older with whom a person sixteen years of ago or older has or has had a dating relationship (this definitions broadens "e", above, almost beyond limit! If you meet someone through an Internet dating service and go out on two dates that are not completely Platonic, and 10 years later are involved in an incident with that person involving violence of any sort, it technically falls within this definition)
- persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren (this portion of the definition is common sense and resembles what the normal person would consider a domestic situation).
As you can see, the definition of who constitutes a "Family or Household Member" is as broad as the Pacific Ocean.
There are also no limits on the seriousness or types of crimes which can be charged as Domestic Violence, as long as they involve a Family or Household Member as defined above. This means a person can be charged with anything from Domestic Violence misdemeanors like Telephone Harassment, to serious felonies like Assault First Degree.
Keep the Criminal Justice System from ruining YOUR family and your life in the name of "Domestic Tranquility"!! Being charged with ANY Domestic Violence offense is serious business. A conviction could destroy your family , your job, and your happiness.
Call (877) 242-4808 today, before it's too late!
