A person has a fundamental right to parent his or her own natural children. When a court places a sentencing condition on a person that limits those fundamental rights, it must consider whether there are reasonable alternatives that will further the state’s interest. If there are no reasonable alternatives, the…
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 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…
Threats of domestic violence should be taken seriously. However, not all statements that suggest potential violence are true threats that can form the basis of a criminal conviction. A Washington appeals court recently considered whether a statement that was made to a third party and that did not include a…
Pursuant to Washington ER 404(b), evidence of other crimes, wrongs, or acts may not be admitted to prove the defendant’s character to show that he acted in conformity with his character. Evidence of prior acts can be admissible for certain other reasons, including motive, opportunity, and intent. Washington courts have…
In a recent opinion, the Court of Appeals of Washington decided the issue of whether a defendant is entitled to a self-defense instruction when only the state produces evidence of self-defense. In State v. Thysell (Wash. Ct. App. June 9, 2016), the defendant was charged with fourth-degree assault, domestic violence, after…
In a recent opinion, the Court of Appeals of Washington decided a case in which a defendant appealed his jury trial conviction for fourth-degree assault involving domestic violence. In City of Tacoma v. Driscoll (Wash. Ct. App. Mar. 22, 2016), the defendant argued that the lower court violated his right to…
January is a busy time for family law attorneys. The stress of the holidays seems to make an already unhappy marriage even unhappier, and in January, people vow to never spend another holiday with their soon-to-be-former spouse. While we understand that this issue can feel very urgent, and sometimes it…
The Washington Court of Appeals recently reviewed a defendant’s conviction for violating a no-contact order, evaluating whether evidence should have been suppressed. In State v. Burks (Wash. Ct. App. Nov. 3, 2015), the police officer conducted a traffic stop of a vehicle for speeding. The police officer obtained the driver’s information…
The Court of Appeals of Washington recently reviewed a jury verdict that found a defendant guilty of second-degree assault against a member of his household. On appeal in State v. Moreno-Valentin (Wash. Ct. App. Sept. 29, 2015), the defendant argued that the trial court erred by admitting evidence of his prior…