Domestic Violence and Children in Seattle
Domestic Violence and Children in Washington
Domestic violence allegations in Washington can carry serious criminal penalties. When children are involved, the consequences may extend beyond criminal court and into family court, affecting custody and parental rights.
A domestic violence allegation involving children may arise in several ways:
- A child is alleged to be a victim of domestic violence
- A child is present during an alleged incident
- A parent accused of domestic violence faces restrictions on contact with their child
- A minor petitions the court for protection
If you have been accused of a domestic violence offense and you are a parent, it is critical to understand how the case may impact your custody rights.
Children as Petitioners Under Washington Law
Under RCW 26.50.020, individuals may petition the court for protection from domestic violence. This includes minors in certain circumstances.
- Individuals age 16 or older may petition on their own behalf
- Children under 16 may petition through a parent, guardian, guardian ad litem, or another qualified adult
These petitions can result in temporary protection orders that restrict contact before a criminal case is resolved.
Domestic Violence and Child Custody
Even before a conviction, courts may impose temporary No Contact Orders that prohibit a parent from returning home or contacting their child.
These restrictions may include:
- Removal from the family residence
- Prohibition from contacting the child directly or indirectly
- Restrictions on visiting the child's school or daycare
- Supervised visitation requirements
In some cases, Child Protective Services (CPS) may initiate an investigation if a child is believed to be at risk.
Impact on Divorce and Custody Proceedings
Family courts take domestic violence allegations seriously when determining parenting plans. Under Washington law, a court may restrict or condition a parent's residential time if it finds a history of domestic violence.
Allegations — even without a conviction — can influence:
- Primary residential placement decisions
- Visitation schedules
- Decision-making authority
- Long-term custody arrangements
These determinations are fact-specific and depend on the evidence presented to the court.
Strategic Defense When Children Are Involved
When domestic violence allegations intersect with parental rights, the legal stakes increase significantly. A criminal defense strategy must consider both the criminal case and any parallel family court proceedings.
Steve Karimi is a former King County prosecutor with more than 25 years of criminal law experience. He understands how domestic violence allegations can affect custody, parenting plans, and protective orders, and works to protect both his clients' freedom and their parental rights.
If you have been accused of domestic violence in Washington and are concerned about your child custody rights, contact The Law Offices of Steve Karimi for a confidential consultation available 24/7.