support, Author at Jennifer Horwitz Law

woman and child dealing with domestic violence

No, you do not have to be spouses to fall under Washington State’s domestic violence laws. The offense can be “domestic violence” if you are a current or former intimate partner or a family or household member of the accuser or alleged perpetrator. A Seattle domestic violence defense attorney can help if someone accuses you of domestic violence.

Who Can Be an “Intimate Partner” in a Domestic Violence Case

RCW 26.50.010 defines many of the terms pertinent to domestic violence actions in our state. This statute says that for purposes of domestic violence an intimate partner is:

A current spouse or domestic partner
A former spouse or domestic partner
Someone with whom you have a child in common. You do not have to be or have been married or lived together for this category.
Adults who live together now or did in the past
Adults who have a “dating relationship” or did so in the past
People who are at least sixteen years old and currently or previously lived together or have/had a dating relationship.

The regulations say that a “dating relationship” is a romantic social relationship. Because a dating relationship can be more challenging to identify that marriage, living together, or having a child in common, the courts can consider several factors, like how often the two people interact, how long the alleged relationship has gone on, and the nature of the involvement.

Who Can Be a Member of One’s Family or Household in a Domestic Violence Case

Washington law identifies these categories as members of one’s family or household for purposes of domestic violence allegations:

Adults with whom you have a relation by blood or marriage
Adults who currently live together or have done so in the past
Someone with whom you have either a biological or legal parent-child relationship. This category can include parents and their children, stepparents and stepchildren, and grandparents and grandchildren.

Sometimes, people confuse the labels of intimate partner, family, or member of the household, in their domestic violence petitions.

How Washington Law Defines “Domestic Violence”

A person can be guilty of domestic violence if one does any of these things to one’s intimate partner or family or household member:

Causes physical harm or bodily injury
Assaults
Sexually assaults
Stalks
Inflicts fear of imminent physical harm, bodily injury or assault

If the judge decides that domestic violence occurred, the judge can enter a Domestic Violence Protection and Antiharassment Order. This is a civil order, not criminal.

The order can include specifics as to what contact is allowed and what is prohibited. For example, the order could allow the defendant to communicate with the petitioner by text message limited to child custody and exchange issues. An order can exclude the defendant from the petitioner’s workplace, school, or residence, or the child’s school or childcare provider.

Some civil protection orders include a designated distance prohibition for the defendant, such as 100 yards from the person or places. Including a particular distance allows law enforcement to measure and enforce, but it can also provide a defense if the defendant gets wrongfully accused of violating the order.

Getting accused of domestic violence can have long-term negative consequences for your career and your life. A Seattle domestic violence defense attorney can help to protect your rights if you get accused of domestic violence.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of domestic violence cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

White collar crime is not a legal term. It is a term used to describe a group of crimes that are non-violent and motivated by profit. Even though these crimes may sound more innocent than murder or assault, white collar crimes can cause severe damages for victims. The punishment for white collar crimes can be harsh. Anyone being investigated for a white collar crime should consult with a Seattle white collar crime defense attorney immediately to discuss legal rights and defense options.

Examples of White Collar Crimes in Seattle

White collar crimes encompass a wide variety of federal and state crimes. Examples of crimes that fall within this category include, but are not limited to:

Embezzlement
Bribery
Money Laundering
Ponzi schemes
Conspiracy & RICO crimes
Insider trading
Copyright infringement
Kickback schemes
Mortgage fraud
Bribery
Credit card fraud
Cybercrime
Forgery
Extortion
Public corruption
Corporate fraud
Mail fraud
Health care fraud

The similar characteristics of white collar crime are fraud, theft, lack of violence, and financial motives. The goal of a white collar crime is to take money or property belonging to another person or party.

The Consequences of a White Collar Criminal Investigation Could Be Immediate

If you are accused of a white collar crime, your assets could be frozen. The courts allow government agencies to freeze assets that relate to criminal activity.

Therefore, simply being accused of a white collar crime could have significant consequences. It could leave you without the resources you need to pay for a defense. However, white collar crimes defense attorneys understand the laws related to freezing assets. They understand how to fight in court to have assets unfrozen that are not directly related to suspected criminal activity. The key is to locate an experienced white collar defense lawyer in your area quickly so that you can take action to protect your money and property from unfair legal action.

Building a Defense Against Allegations of White Collar Crimes

In some cases, a person or organization may be aware that they are being investigated for white collar crimes. If so, it is prudent to hire an attorney immediately. Because of the seriousness of the charges and the potential penalties for a white collar crime conviction, the sooner you have an attorney involved, the better.

Most white collar crimes are federal crimes. The federal government uses its vast resources to conduct intensive investigations. What you say and do during a white collar crime investigation can have a significant impact on the outcome of the case.

Deciding whether to cooperate with an investigation and how much you will cooperate should only be made with the advice and counsel of an experienced lawyer. There may be instances in which you want to cooperate, but there may also be times in which cooperating could put you in danger of losing your freedom.

The penalties for a white collar conviction may include prison sentences, fines, home detention, forfeitures, restitution, supervised release, and reimbursement for costs of prosecution. You do not want to face these consequences and the full power of the federal government without a competent lawyer by your side.

Contact a Seattle White Collar Crime Defense Attorney

The perfect time to contact a Seattle white collar crime defense attorney is as soon as you suspect that you could be under investigation. Contact Jennifer today to discuss your situation in detail.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on white collar crime. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Clemency, also called a pardon or commutation, is a form of relief that a person convicted of a crime can receive from the Governor of the state of Washington or the President of the United States. The appropriate person to grant clemency or a pardon will depend on whether the conviction was for a federal or state offense. A Seattle criminal defense attorney can explain your options and help you in understanding clemency.

Federal Clemency

The U.S. Department of Justice (USDOJ) says that the President has a constitutional right to reduce (commute) the sentence of a person convicted of a federal crime. Let’s say that someone gets convicted of a federal crime and receives a sentence of 10 years in federal prison. The President can reduce that sentence to a shorter duration.

If someone serves the sentence and wants to get a pardon, he has to wait at least five years after getting released from confinement to file an application for a pardon. For example, in 1977, President Carter pardoned some people who evaded the military draft during the Vietnam War.

The USDOJ follows these “Standards for Consideration of Clemency Petitioners”:

The petitioner lives a productive and responsible life for at least five years after serving the sentence. The FBI will run an investigation of the applicant’s finances, employment, reputation in the community, military record, charitable and community service activities, and other factors relating to conduct and character.
How severe and recent the crime was.
Whether the applicant took responsibility for his actions, showed remorse, and made restitution to the victims of the crime.
The recommendations of relevant stakeholders.
The applicant’s need for the pardon, such as to pursue a career for which the conviction would be an impediment.

A commutation does not forgive the underlying conviction, but it can reduce the sentence to as little as time served. The standards include the convicted person having a significant illness, being elderly, cooperating with the investigation or prosecution, and an unfairly severe or disproportionate sentence.

Clemency in Seattle, Washington

The Governor of Washington State has the authority under the Washington Constitution to grant clemency, which can include any of the following:

Grant a pardon
Commute (reduce) a sentence
Grant a reprieve
Commute a death sentence to a sentence of life in prison
Restore a convicted felon’s rights to own firearms and hold public office

The Governor cannot grant clemency for federal offenses or convictions under the laws of any state other than Washington. The state Clemency and Pardons Board (Board) processes petitions for clemency with the assistance of the Washington State Attorney General’s Office.

The Board meets four times a year in public sessions that include hearings and deliberating publicly. After these hearings and deliberations, the Board makes recommendations to the Governor. The Board looks for “extraordinary” factors that set the applicant apart from others seeking this relief. The Board will evaluate:

The severity of the crime.
How the crime impacted victims.
The applicant’s background and criminal record.
How much time passed between the offense and the application for clemency.
Whether the applicant showed remorse, took responsibility, and atoned for the crime.
Personal growth and improvement of the applicant after getting convicted of the offense.
The recommendations of the prosecuting attorney or sentencing judge or both.
How the applicant currently benefits or poses a risk to the community.

The Governor can accept or reject the recommendation of the Board. Clemency is a rare remedy at the state or federal level. A Seattle criminal defense attorney can help you explore whether you might be eligible to pursue an application for state or federal clemency. Contact Jennifer today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal law cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Man reviewing law documents with attorney

Being accused of a crime is not the same as being guilty of a crime. The state must prove every legal element required for the crime for a defendant to be found guilty. In many cases, there may be one or more legal defenses that apply in your case. Working with a Seattle criminal defense attorney to explore defenses to criminal charges, including the defense of double jeopardy, is the best way to increase your chances of being acquitted of criminal charges.

What Is Double Jeopardy?

Double jeopardy is a protection granted in the Fifth Amendment of the U.S. Constitution. The Fifth Amendment is known more for giving us due process and the right against self-incrimination.

The Fifth Amendment does not refer to “double” jeopardy. The Amendment states that you cannot be placed in “jeopardy of life or limb” twice for the same offense. What that means is that you cannot be tried for the same crime more than once. If a jury or judge finds you not guilty of a crime, the government cannot attempt to try you for the same crime again. The clause also prevents the government from appealing a not guilty verdict in criminal court.

The double jeopardy clause also protects you from being tried for crimes that would include proving the same elements of the crime for which you were found not guilty. In other words, the government cannot try you for a lesser crime that involves the same facts and legal elements of the crime you were acquitted of at trial.

How Does Double Jeopardy Affect My Criminal Case?

There are instances in which you could face federal and state trials for the same conduct. You could also face trials in different states for the same conduct. Therefore, double jeopardy may not protect you in all cases, if the alleged acts took place in multiple states or both federal and state courts have jurisdiction.

Also, if a grand jury decides not to file charges, you could later be charged with a crime based on the same facts and circumstances. You have to be charged with a crime and a jury has to be empaneled against you for double jeopardy to attach to your case. At that point, the prosecutor cannot dismiss the charges and decide to file charges based on the same conduct at a later time.

Generally, double jeopardy does not attach if a jury cannot return a verdict. If the judge declares a mistrial because of a “hung” jury, the prosecutor can usually pursue another trial without worries of double jeopardy. If the judge grants a mistrial for other reasons based on the defendant’s request or the defendant does not object to the mistrial, double jeopardy may not apply.

Contact a Seattle Criminal Defense Attorney for More Information

Double jeopardy is often misunderstood. Many people assume that double jeopardy attaches to every case as soon as they are arrested. This assumption is not correct. You should seek legal counsel to determine if double jeopardy can be used as a valid defense in your case.

If you are facing criminal charges, you need legal advice now. Contact Jennifer today to discuss your case. She will aggressively investigate the matter to develop a defense strategy based on the facts and circumstances of your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal law. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

The justice system for adults in Washington has the goal of punishing offenders found guilty of crimes. However, the goal of the Juvenile Justice System in Washington is to provide treatment for the rehabilitation of minors found guilty of a crime. Thus, the punishments in juvenile court are less severe for many of the same crimes committed by adults. Therefore, a Seattle juvenile criminal defense attorney works to keep the charges in juvenile court. However, some cases are automatically transferred to adult court.

Auto Decline of Jurisdiction by Juvenile Court

Some serious offenses committed by minors automatically result in being charged as an adult. These offenses are referred to as “auto decline” offenses. The adult judicial system has exclusive jurisdiction of offenders 16 and 17 years of age charged with rape of a child in the first degree and other serious violent offenses.

With the approval of the court and consent of the prosecutor, exclusive jurisdiction may be waived. However, it is unlikely that jurisdiction will be transferred to the juvenile court in cases of rape in the first degree or when the juvenile has a previous criminal record.

In cases involving serious crimes committed by minors 15 years of age or under, the court has discretionary whether to transfer jurisdiction to the adult system. A prosecutor must file a motion with the court requesting the transfer of the case to the adult judicial system. The court holds a hearing to consider the relevant facts in the case.

Each side presents arguments for or against charging the minor as an adult. Judges may consider any relevant fact when deciding whether to charge a minor as an adult. However, in most cases, judges make the decision based on factors including:

The seriousness of the crime (sex crimes and violent crimes are more likely to be transferred to the adult judicial system);
The age of the minor (minors who are 16 and 17 are most likely to be charged as adults, but the seriousness of a crime could result in a younger minor being charged as an adult); and,
The minor’s criminal history (a criminal history can indicate that the rehabilitation efforts of the juvenile system did not work).

What is the Impact of Being Charged as an Adult?

If a minor is charged as an adult for a crime and convicted of that crime as an adult, it is likely that any future crimes committed by the minor result in adult charges. Once a minor is charged as an adult, the minor faces the same criminal penalties an adult faces for a conviction. Therefore, a minor could face up to life in prison if convicted of some crimes.

However, a judge does have the discretion to deviate from mandatory enhancements and standard sentencing ranges for juvenile defendants charged as adults. The judge may consider the mitigating qualities of youth when ordering a sentence.

Contact a Seattle Juvenile Criminal Defense Attorney for Help

If your child is charged with a crime, it is important to consult a Seattle juvenile criminal defense attorney immediately. Contact Jennifer today to discuss how she can help you fight to keep the case in juvenile court where diversion programs can avoid severe punishments.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of juvenile criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Many people in Washington value their right to own firearms. However, if you are involved in a domestic dispute, the other party may request a restraining order or a no contact order. Both orders could restrict your right to own and possess a gun. To protect your legal rights, you may want to contact a Seattle protection order attorney as soon as possible to discuss potential responses and defenses that can help you retain your gun rights.

Restraining Order vs. No Contact Order

Both orders may result in a loss of gun rights.

Restraining Orders are issued after a petition in civil court by a person who seeks protection from domestic violence. On the other hand, a No Contact Order is issued by a criminal court after a person has been arrested for domestic violence.

The orders are independent. There does not need to be an arrest for the court to issue a restraining order. Likewise, the court does not require parties to prove that they are seeking a dissolution of marriage before a No Contact Order is issued. The court may require a No Contact Order as a condition of the release from jail of a defendant arrested for criminal domestic violence.

The judge in either order may require that the party subject to the order immediately surrenders all firearms and dangerous weapons. The person may also be required to surrender a concealed pistol license and be restrained from obtaining a concealed pistol license while the order is in effect. No Contact Orders and Restraining Orders may also prohibit a party from obtaining, accessing, and possessing any firearms and dangerous weapons.

What Should You Do If You Are Served With a Restraining Order or You Are Issued a No Contact Order?

Violating a No Contact Order or Restraining Order is very serious. Therefore, read the order carefully so that you understand the terms of the order. Do not attempt to contact the person protected by the order, including asking someone to contact that person, go anywhere near that person, or go anywhere that the order restricts you from going.

Following the instructions in the order for surrendering your firearms and your concealed pistol permit. Do not attempt to purchase or “borrow” firearms. Examine the claims against you listed in the order and make notes about your relationship to the person protected by the order. Write down what you can remember about the incidents listed in the order. As soon as possible, contact an attorney to discuss your legal rights and your options for fighting the Criminal Case and related No Contact Order or Restraining Order.

Contact Our Seattle Domestic Violence Attorney for More Information

Your legal rights can be severely restricted by a No Contact Order or Restraining Order. The matter is extremely serious. You need immediate legal counsel to protect your rights. Contact Jennifer today to discuss how you can respond to the order so that you can protect your gun rights and other legal rights.

Police officer with someone's phone in his car.

As with most questions of law, it depends on the facts and the circumstances in your case whether the police could search your cell phone records without a warrant. If your arrest was based on a search of your cell phone, contact a Seattle domestic violence defense attorney immediately to discuss your options. If the warrantless search violated your rights, any evidence obtained during the search might be inadmissible in court.

Searching Cell Phone Records Without a Warrant

Federal and state laws regarding cell phones continue to evolve as technology becomes more advanced.

A 2018 U.S. Supreme Court ruling found that the police in the case required a search warrant to obtain cell tower location information for the defendant’s cell phone. Chief Justice John Roberts concluded in the majority opinion that the defendant had a privacy interest in records involving his whereabouts that required the government to obtain a search warrant to access.

Four years earlier, the U.S. Supreme Court issued a unanimous order in the case of Riley v. California stating that warrantless searches and seizures of the digital content of a cell phone during an arrest violated the Constitutional rights of the defendant. Police officers had the right to examine the phone to ensure that it could not be used as a weapon, but to examine the contents, the officers needed a warrant.

Therefore, it would seem that police officers need a search warrant to obtain the digital content from your cell phone unless the officers have probable cause for a warrantless search. However, that may not always be the case.

The Washington Supreme Court ruled that an abandoned cell phone may be searched without a warrant. The defendant abandoned a stolen vehicle and left his cell phone in the vehicle. The court concluded that since the defendant voluntarily abandoned his cell phone, he also abandoned his privacy interest protected by the U.S. Constitution. Therefore, a search of the cell phone contents by police officers without a warrant did not violate the defendant’s Constitutional right to privacy.

Whether you agree with the court’s opinion or not, if you abandon your cell phone, it may be subject to a warrantless search by police officers. Furthermore, there could be other exceptions to the rule requiring officers to obtain a search warrant. Additionally, if an officer wants to search your cell phone, he is likely to place the cell phone into evidence during your arrest until he can obtain a search warrant from a judge.

What Should You Do If a Police Officer Requests to Look at Your Cell Phone?

Respectfully state that you do not consent to a search of your cell phone. Do not resist arrest or try to take back the cell phone. Clearly state that you do not give your consent to a search of the contents of your cell phone. Do not provide your password, fingerprint or other information to unlock the phone, even if the police seize the phone.

As soon as possible, contact an attorney for advice. If police officers searched your cell phone without a warrant, any information obtained during the search could be inadmissible if your legal rights were violated.

What type of Information Can Be Acquired by Searching a Cell Phone?

Cell phones can provide several types of evidence that may or may not be helpful to your case. First, cell phones can provide location information and times based on when a cell phone connected with a particular cell phone tower. Cell phones also carry logs of incoming and outgoing calls, text messages, emails, and photographs. These types of information have been used as evidence to help prove a wide variety of criminal charges including domestic violence, gun, drug, child pornography and other charges.

Contact a Seattle Domestic Violence Attorney for Help

Cell phone records can be used as evidence in a domestic violence case. If you are the subject of an investigation or officers arrest you for domestic violence, call Jennifer Horwitz Law today to discuss your options for fighting the charges. Jennifer also has extensive experience defending other types of cases that may implicate cell phone evidence, such as: sexual assault, child pornography, sexual exploitation (including sting operations), drug and gun cases.

The laws in Washington State are unforgiving for domestic violence charges. A person can be arrested for domestic violence, even if the alleged victim does not wish to press charges. If you were arrested on domestic violence charges, your best choice is to contact experienced a Seattle domestic violence defense attorney to discuss defense strategies for domestic violence charges.

Mandatory Arrests for Domestic Violence

According to Washington domestic violence laws, an officer will arrest a person without a warrant if that person is 18 years of age, and the officer has probable cause to believe the person committed a domestic violence offense within the past four hours. State law also requires mandatory arrest when a person violates a civil protection order or no contact order.

In most cases, the person remains in jail until he or she appears before a judge. If a no contact order is not in place, the judge typically issues a no contact order as a condition of release. This can mean, for a couple living together that the person charged must immediately find a new living situation.

Even if an officer does not make an arrest, the police officer must complete a police report after responding to a domestic violence incident. The prosecutor may still file charges after reviewing the police report.

Getting Domestic Violence Charges Dropped

Once you are charged with domestic violence, the charges will then only be dropped in response to a motion for dismissal or a prosecutor’s request for dismissal of the case. The judge presiding over the case reviews either your defense attorney’s motion or the prosecutor’s request and decides whether the case should be dismissed.

Even if a witness changes his or her story or the victim does not want to pursue a domestic violence charge, the prosecutor or judge may determine that the case should proceed. Therefore, getting domestic violence charges dropped once they are filed is often very difficult. Your attorney must be able to show the court or the prosecutor that the evidence is not credible or sufficient for the prosecution to proceed or that a legal issue will prevent certain key evidence from being admissible. An experienced criminal defense attorney, who regularly represents people charged in these types of cases, is critical in your fight to get domestic violence charges dropped.

Building a Defense Strategy for a Domestic Violence Case

Working with an attorney to develop one or more strategies for arguing in favor of dismissal of domestic violence charges is your first line of defense when charged with a crime. Your attorney analyzes the facts and circumstances surrounding your arrest and the charge to determine the best way to attack the state’s case against you.

Examples of defenses to domestic violence that might result in the charges being dropped include, but are not limited to:

The police officer did not have probable cause for the arrest;
Your legal rights were violated;
The victim’s story and injuries are inconsistent with the investigation and report;
You were defending yourself from attack or threat of harm; or,
The victim had a motive to fabricate the accusation and it can be demonstrated that the victim has made previous false allegations, lied about previous conduct by the person charged or is not telling the truth in the criminal case.

You can increase your chance of having domestic violence charges dropped by contacting an attorney immediately and BEFORE you make any statements to the police. Be respectful to the police, but exercise your right to remain silent. Do not provide a statement to the police or answer questions without consulting an experienced domestic violence attorney. Do not have any contact with the alleged victim or witnesses in the case. It is a crime to try to influence what witnesses in a criminal case will say about the accusation. Follow all orders of the court, including no contact orders.

Seattle Domestic Violence Defense Attorney

The consequences of a domestic violence conviction in Washington can be serious. You could face significant jail time, probation, no contact orders, loss of employment, revocation of firearms rights, loss of child custody, and an order to complete domestic violence or anger management treatment programs.

Seattle domestic violence defense attorney Jennifer Horwitz understands the seriousness of the charges against you. She aggressively fights to protect your legal rights and will diligently investigate your case. Jennifer Horwitz will fight inside and outside of the courtroom to get you the best results possible in your case. Contact her today.

DISCLAIMER: This post is intended to share my perspective, insights and some general information on various aspects of domestic violence cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Domestic violence victim who needs a protection order.

You can obtain a protection order in Washington by filing a petition with the court that explains the abuse, threats, or harassment you are experiencing and asks the judge for immediate protection. In many cases, the court can issue a temporary order the same day, followed by a hearing where both sides are heard. When you are dealing with domestic violence, knowing who qualifies for a protection order and how the process works can help you take steps to protect yourself quickly and with confidence.

Who Is Eligible for a Domestic Violence Protection Order?

Washington law allows certain people to request a domestic violence protection order when the respondent is a family or household member, based on the relationship involved and the conduct that occurred. You may be eligible if the respondent is:

A current or former spouse
A current or former dating partner
A person you live with or previously lived with
A family member related by blood or marriage
A co-parent or someone with a legal parent-child relationship

The court focuses on whether domestic violence has occurred or is likely to occur, including physical harm, threats, stalking, harassment, or coercive behavior. The specific label matters less than the facts you present.

Step 1: Filing the Petition With the Court

The process begins by filing a petition for a protection order in the appropriate Washington court. This initial filing is usually ex parte, meaning the respondent is not present.

In your petition, you will describe:

What happened
When it happened
Why you are afraid
What protection you are requesting

If the judge finds that immediate protection is warranted, the court may issue a temporary protection order the same day. This order can restrict contact, require distance from your home or workplace, and require the surrender of firearms. It remains in effect until the full hearing.

Step 2: Serving the Respondent and Preparing for the Hearing

After the temporary order is issued, the respondent must be formally served with the paperwork. The court will also schedule a full hearing, usually about two weeks later.

Before the hearing:

The respondent may file written objections or declarations
You may submit additional statements or evidence in response
The judge reviews these materials in advance

This preparation stage is often where cases are strengthened or weakened, depending on how clearly the evidence is presented.

Step 3: The Protection Order Hearing

At the hearing, both parties have the opportunity to speak and present evidence. The judge decides whether to issue a final protection order based on whether domestic violence is proven by a preponderance of the evidence.

If granted, a final order typically lasts one year, though longer orders may be issued in more serious situations. The order can include:

No-contact provisions
Stay-away requirements for specific locations
Restrictions on harassment, stalking, or surveillance
Firearm surrender requirements

Key Tips That Can Strengthen Your Case

Small details can make a real difference in protection order proceedings. Consider these practical tips:

Be specific in your timeline and descriptions
Save texts, emails, call logs, and voicemails
Gather police reports, medical records, or photos if available
Avoid exaggeration; consistency matters more than volume

We often see strong cases falter when important facts are left out or presented in a confusing way.

When Should You Consider Getting a Lawyer Involved?

You are not required to have a lawyer to request a protection order, but legal help can be especially helpful when:

The respondent contests the order aggressively
There are shared children or housing issues
Firearms are involved
The abuse includes stalking or digital harassment

An attorney can help organize your evidence, prepare written declarations, and speak for you in court.

Take the Next Step Toward Protection

Protection order cases move quickly, and knowing what to expect can help you feel more prepared. Whether you are deciding whether to file or getting ready for a hearing, having accurate information early can make the process easier to manage.

Jennifer Horwitz offers one-hour paid consultations and limited-scope assistance for individuals who want help understanding the process, organizing evidence, or planning next steps without full representation. In many cases, a focused consultation is enough to clarify options and avoid missteps.

Contact Jennifer Horwitz Law to schedule a confidential consultation and discuss what level of support is right for you.

Police officer at a prostitution sting operation.

Last updated: Nov. 24, 2025

Law enforcement in Washington frequently uses sting operations to target prostitution and solicitation. These operations rely on undercover officers posing as buyers or providers and often lead to fast arrests based on brief verbal exchanges. If you were arrested in a sting, you may have more defenses than you realize. This guide explains how these operations work, what police must follow, and what defenses may apply to your case.

Contact Our Prostitution Defense Attorney Today

What Counts as Prostitution or Sexual Exploitation in Washington?

Prostitution involves engaging or agreeing to engage in sexual activity for compensation. Sexual exploitation, sometimes called patronizing or soliciting a prostitute, involves paying or agreeing to pay someone for sexual services.
Washington law does not require a completed sexual act. Simply agreeing to exchange money for sexual activity can result in charges for prostitution or solicitation.

What are the Penalties for Soliciting a Prostitute in Washington?

Solicitation penalties can be significant, even for first-time offenses.
Common consequences include:

Fines starting at $1,500
Up to 90 days in jail
Probation
Community service
Mandatory educational programs

These penalties can affect employment, travel, licensing and future background checks, making early legal guidance essential.

Does a Sexual Act Need to Occur for Prostitution Charges to Apply?

Washington law does not require any physical sexual act for prosecutors to file charges. Under RCW 9A.88.030 and RCW 9A.88.110, agreeing to engage in or pay for sexual activity is enough to support prostitution or solicitation charges. A completed act is not required.

What Does a Prostitution Sting Look Like?

Sting operations typically involve undercover officers posing as clients or providers to identify individuals attempting to exchange money for sex.
Features of common sting operations include:

Officers responding to or posting online ads
Undercover agents posing as providers in hotels or rented spaces
Decoy massage or spa locations
Quick arrests based on verbal agreements or implied arrangements

These operations rely on controlled environments and surveillance, which can create opportunities for legal challenges.

Defenses to the Solicitation of a Prostitute in Washington

If you find yourself caught in a police sting targeting prostitution, you may have a few defenses available to you. These defenses may include:

Lack of Prior Understanding: A key defense is arguing there was no prior agreement that sexual conduct would occur. Misunderstanding or not understanding terms like “escort” or “full service” can support this defense.
Incomplete Transaction: Arrests often occur before an agreement is finalized, crucial for the prosecution to prove. Simply communicating without agreeing to exchange money for sexual services may not constitute a complete transaction.
Entrapment: This defense applies if the initiative for the criminal activity originated with law enforcement, and the individual was persuaded to commit a crime they wouldn’t otherwise have considered. However, it’s not enough to argue that law enforcement provided the opportunity for the crime; there must be evidence of inducement.

Have You Been Arrested in a Prostitution Sting Operation?

If you’ve been arrested for patronizing a prostitute in Seattle or other areas of Washington State, you need to hire an attorney right away. Criminal defense attorney Jennifer Horwitz has extensive experience defending sex crime accusations, with a strong track record of obtaining dismissals and not-guilty verdicts. To learn more, contact Jennifer today for a consult.

Will my arrest in a prostitution sting be made public?

Many Washington police departments release sting operation arrest information through press releases or public records. Whether your name appears publicly depends on agency practices, media interest, and local reporting. An attorney can help you understand your privacy risks and explore options to reduce exposure.

Can a prostitution or solicitation charge be reduced or dismissed?

Yes, reductions or dismissals may be possible depending on the facts, available defenses, your record, and whether procedural errors occurred during the sting. Negotiation options vary by prosecutor and jurisdiction, so early attorney involvement is important.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of Washington criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.