Domestic Violence Assault 4th Degree FAQ

Straightforward answers to the questions that come up most in domestic violence assault cases in Kittitas and Yakima Counties. Every case is different — these are general answers, not legal advice for your specific situation.

It's the same statute as assault in the fourth degree — a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine — but flagged as a domestic violence case because of the relationship between the people involved (spouse, partner, family, or someone you live with). The DV flag mostly changes how the case is handled procedurally, not the underlying charge — with one exception: two or more qualifying domestic violence convictions within the past 10 years can elevate a new DV assault 4th degree charge to a class C felony, moving the case to Superior Court.

Usually, yes, and often immediately — typically at arrest or your first court appearance, before the case is anywhere near resolved. It can bar contact with the alleged victim even if you share a home, a lease, or children, which creates real logistical problems fast. Getting a no-contact order modified is often the most urgent issue in these cases, separate from the underlying charge.

Yes. Many Washington prosecutors follow a "no-drop" approach to domestic violence cases, meaning the state can continue the prosecution even if the alleged victim asks for the charges to be dropped or recants. The decision to prosecute belongs to the prosecutor, not the alleged victim.

It can, and this surprises a lot of people. Federal law prohibits firearm possession following certain domestic violence convictions, including qualifying misdemeanors — not just felonies. That's a more serious consequence than most misdemeanors carry, which is part of why these cases deserve careful handling from the start.

Assault 4th degree, DV or not, is handled in district or municipal court in Kittitas and Yakima Counties — the same courts that handle other misdemeanor and gross misdemeanor charges.

Call (509) 293-7593 for a free consultation about a domestic violence charge in Ellensburg, Yakima, or the surrounding area.