Property disputes, property damage, or outright theft sometimes occur following a romantic breakup or a fight between romantic partners. While it is understandable for a person to want to retrieve their property, trying to get the property back in violation of a no-contact order could result in criminal charges. Washington…
Articles Posted in Civil Protection Order
Parallel Domestic Violence Protection Order and Criminal Proceedings in Washington
It is not uncommon for a civil protection order case to occur at the same time as a criminal case. When the issues in the cases are similar or related, the defendant’s Fifth Amendment rights can be implicated. Washington civil protection order attorneys understand that a defendant is not automatically…
Independent Basis for Washington Officer Requesting I.D. for Suspicion of Violating Protection Order
The Washington Constitution protects people from unlawful searches and seizures. Article 1, section 7 has been interpreted by Washington courts to prohibit police from requesting identification of a passenger unless there is an independent basis for the request. An independent basis exists if the officer can identify specific and articulable…
Washington Protection Order Violations and Burglary
Washington defendants are entitled to a unanimous jury verdict. Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges. If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the…
Washington Protection Orders Entered Pursuant to a Dissolution Decree or Parenting Plan
In Washington, a domestic violence protection order restraining a parent from contacting his or her children is generally limited to one year, RCW 26.50.060, but Washington civil protection order attorneys know that there are exceptions to this limitation. One such exception is when the order is issued under Chapter 26.09,…
Washington Supreme Court Allows Mother to Obtain Protection Order on Behalf of Son
Washington civil protection order attorneys understand that domestic violence can be a complex issue that reaches beyond the couple. Children may become involved by witnessing the violence or by being threatened. Washington law allows a person to petition for a protection order on behalf of himself or herself, or on…
Alternative Means and Unanimous Jury Verdicts in Washington
Domestic violence violation of a protection order is generally a gross misdemeanor under Washington law, but it can be a class C felony if a violation of the order is also an assault or if the defendant has at least two prior convictions for violating a protection order. RCW 26.50.110. …
Free Speech and Washington Civil Protection Orders
Under Washington law, “unlawful harassment” is “a knowing and willful course of conduct” directed toward a particular person that “seriously alarms, annoys, harasses, or is detrimental” to that person. To be unlawful harassment, the conduct cannot serve a legitimate or lawful purpose. Furthermore, the course of conduct must be the…