The state can get a conviction in a Washington domestic violence case even when the alleged victim does not testify. In such cases, it is very important for the defendant to fight the admission of other improper evidence that may be harmful to the defense. In a recent case, a defendant was convicted of second degree assault and 13 counts of violation of a domestic violence no-contact order despite the fact his wife failed to appear to testify.
A woman called her daughter and told her she had been in an altercation with her husband and he had choked her. The woman then drove to her daughter’s home in Idaho. The woman said she was afraid of her husband. The daughter saw marks on her mother’s face and neck and asked if she should call the police.
When the officer arrived, he observed injuries consistent with strangulation. The woman told the officer she did not feel safe in her home where the incident occurred. The officer contacted the local authorities in Washington and an Asotin County detective came to the daughter’s home. The detective also noticed injuries consistent with strangulation and took photos to document them.