The Stress of Divorce and DUI and DV

Divorce or the separation of co-habitating parents is extremely stressful. People often get their first DUI, or their first domestic violence (DV) charge, when going through the dissolution of their relationship.

Saying this is not to excuse it, but to point to the facts of just how emotionally difficult the process can be, and the unfortunate impact these emotions can have on behavior.

I would not be the lawyer for your fifth DUI when you need to pay an expensive expert to attack the breathalyzer or the blood draw.  However, I have a lot of experience in negotiating a resolution of the criminal case of a good person who responded badly to the stress of a family law crisis, and who previously had little or no interaction with the criminal justice system.

My name is Craig Mason, and my office staff and I are happy to help you through these hard times. My office is in Spokane, and I have recently handled cases in Benton, Franklin, Whitman, Stevens, Lincoln, Adams, and Pend Oreille counties as well. Give me a call at (509) 443-3681. Please check out my website at spokaneinjuryanddivorcelaw.com.

Violence is NEVER the Answer.

Domestic violence (“DV”) and its accusations concern spouses, romantic partners, or co-parents who engage in abusive behavior toward one another.  That may result in one person striking the other and causing a visible injury, or even causing fear of injury is often sufficient for a domestic violence order to issue, as can stalking lead to a DV order.  Charges for domestic violence often are brought against one spouse against another which may lead to divorce proceedings, or after emotions heat up during a divorce, DV can erupt.

Unfortunately, false charges of domestic violence also occur as part of a strategy in a divorce, especially around the children. The courts and lawyers can have a difficult time getting to the true facts of what has happened.  Retaining a family lawyer in divorces that stem from domestic violence is essential at your earliest opportunity to ensure that your case is thoroughly investigated and that your legal rights are protected throughout the process. The rules of evidence are looser in a DV case, as the violence is intimate, and it is very difficult to sort out the truth of domestic violence behind the closed doors of family life.

One of the very best family attorneys in Eastern Washington State is Craig Mason of Mason Law.  You can count on his staff to fight for you in a divorce proceeding that stems initially from a domestic violence charge, or in sorting out DV after your case has begun.  Contact Mason Law of Spokane immediately if you fall into this category at (509) 443-3681.

Domestic Violence: A Tough Call for the Courts

Domestic Violence Protection (DVP) orders under RCW 26.50 serve an important part in protecting a spouse, or even a former romantic partner from misbehavior of the other party, from violence and threats of violence. Beware because they are also misused for the purpose of gaining a strategic advantage in a divorce, especially in regards to children.  This is unfortunate, because then genuine threats can be dismissed as merely litigation strategy.  There are “false negatives” and “false positives” all too often when our over-burdened courts make the wrong call.

These DVP orders usually are first issued “ex parte.”  That means without notice to the other person until he or she is served with the proper papers.  Normally a hearing will be set within 14 days from the ex parte order being granted by the court, so that the restrained person has an opportunity to present his or her side of the story.

If these orders are violated, the penalties are severe.  They range from a gross misdemeanor to a class C felony.  Even if you are completely innocent of the alleged domestic violence, you must obey the order unless it is changed in the full hearing.  To prepare for that hearing, as the person bringing the petition, or as the person defending against a petition, you need strong legal representation to prepare your facts for the court.

Craig Mason and his team at Mason Law in Spokane, Washington, will be able to help you fully prepare for court, so that your story is heard. Call Mason Law for a consultation at (509) 443-3681 today.