Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges…
Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage. In a recent unpublished case, a former husband challenged a court order that maintenance continue even after his wife’s…
A preliminary injunction can prevent a university from implementing Title IX sanctions against a student while a lawsuit is pending. To obtain a preliminary injunction, the plaintiff must meet certain criteria, including showing a likelihood of success on the merits, a lack of adequate remedy at law, and a likelihood…
The Fifth Amendment of the U.S. Constitution protects individuals from being put in jeopardy more than once for the same offense. The Washington State Constitution also protects Washington criminal defendants from double jeopardy. Many people think of the double jeopardy doctrine as preventing a person from being charged with the…
Pursuant to RCW 43.43.754, individuals convicted of certain crimes and juvenile offenses in Washington must give a DNA sample. Two juveniles recently challenged separate court orders requiring them to give DNA samples after they were granted deferred disposition. Each of the juveniles was charged with theft of a motor vehicle…
In Washington, the Committed Intimate Relationship (“CIR”) doctrine protects the interests of certain unmarried individuals when they end a committed relationship. This doctrine assists in the resolution of property distribution when certain unmarried couples separate. A CIR occurs when a couple has a marriage-like relationship but know that they are…
A guilty plea by a Washington criminal defendant must be knowing, intelligent, and voluntary. A plea can only be voluntary if the defendant understands both the nature of the charges against him or her and the consequences of pleading guilty. The trial court must be “satisfied that there is a…
Suspension or expulsion after a finding of sexual misconduct in a Title IX investigation can permanently affect a person’s professional opportunities and future. In some cases, students have been successful in enjoining the school from enforcing such disciplinary action pending a lawsuit, but a New Hampshire federal court recently denied…
Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his…
Inherited property is generally characterized as separate property in a Washington divorce, but what if the spouse signs a quitclaim deed adding the other spouse to the title? The Washington Supreme Court has clarified that the joint title gift presumption does not apply when a court divides property in a…