Criminal Assault And Civil Protection Order—The Burden Of Proof in Washington State

It’s a Friday night, husband and wife get into a physical altercation and the police are called. Husband is arrested and taken to the police station where he is charged. After reviewing the charge, the prosecutor determines Husband has committed the crime of Assault in the Fourth Degree, a gross misdemeanor. RCW 9A.36.041. A condition of release pending trial often involves a criminal no-contact order between husband and wife. At trial, the prosecutor must show beyond a reasonable doubt, the crime occurred. Thus, the prosecutor has the burden of demonstrating proven facts by their probative force, establish guilt.

Aside from the criminal action, wife may seek a civil domestic violence protection order under RCW 26.50. Unlike a criminal prosecution for assault, seeking a petition for a domestic violence protection order does not involve a prosecutor or a trial. Rather, the Court will grant the petition for a domestic violence protection order at a hearing provided the petitioning party (in this instance, wife) demonstrates to the Court by a preponderance of evidence domestic violence has occurred. Wife must convince the Judge it is more likely than not husband committed domestic violence.

BERESFORD BOOTH has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.