WPIC 190.11 Special Verdict Form—Family or Household Member or Intimate Partner

Use this special verdict form when the jury must determine whether the defendant and another person were members of the same family or household, or were intimate partners.

Use this instruction with WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions).

Care should be taken when using WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions). See the Comment to WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions).

In several different contexts, the existence of a family or household or an intimate partner relationship between a criminal defendant and a victim can have significant legal consequences. For example, this relationship can convert a crime into a domestic violence offense, thereby triggering sentencing implications. See, e.g., RCW 10.99.020 (defining “domestic violence” and “family or household members”); RCW 9.94A.729(3)(d) (reducing the amount of earned early release time that is available for felonies involving domestic violence); RCW 9.94A.535(3)(h) (setting forth domestic violence, coupled with other circumstances, as grounds for an exceptional sentence). The existence of a family or household relationship also has implications for aggravated first degree murder under RCW 10.95.020(14) and for the possession of firearms under RCW 9.41.040(2).

In order to support an exceptional sentence, a finding of domestic violence must be made by the jury. See State v. Brundage, 126 Wn.App. 55, 107 P.3d 742 (2005). For several other purposes, the finding may be made by the judge. See State v. Winston, 135 Wn.App. 400, 144 P.3d 363 (2006) (a judge's finding of domestic violence is sufficient under Blakely even though such a finding results in less good time, allows for the entry of a no-contact order, permits the court to order a DV evaluation and treatment, and supports the imposition of a DV fine); State v. Spencer, 128 Wn.App. 132, 143–44, 114 P.3d 1222 (2005) (judge's finding sufficient if the DV finding is being used as the basis for issuing a no-contact order and if it results in loss of good time).