In considering a motion for preliminary injunctive relief, the court must take into account the likelihood of success on the merits, the potential for irreparable harm, a balance of the hardships, and the public interest. Injunctions can therefore be difficult to obtain because the court is heavily focused on how…
The value of property can affect the degree and seriousness of a Washington theft crime. In a recent unpublished case, a juvenile challenged his second degree theft conviction, arguing the trial court had used the wrong methodology for determining the value of the property. A deputy testified he met with…
When a Washington crime is designated a crime of domestic violence, the alleged victim is afforded certain additional protections. Such cases get priority scheduling. Courts may issue pre-trial no-contact orders and specialized no-contact orders at sentencing. A defendant recently challenged the domestic violence designation and aggravators applied to his animal…
A parent may think there is nothing they can do if the parent who has the child most of the time wants to relocate. Washington family law, however, has a process for a parent to object to the relocation of a child in some circumstances. In a recent unpublished opinion,…
The First Amendment protects the right to free speech. A defendant recently challenged a felony stalking conviction, arguing it was based solely on protected speech. The defendant was retried after his conviction was reversed on appeal. According to the appeals court’s opinion, an employee of the county corrections center testified…
A plaintiff alleging a Title IX claim against a school must sufficiently state a claim to avoid the case being dismissed. However, in the early stages of a lawsuit, a plaintiff alleging his school discriminated against him in its Title IX investigation and disciplinary proceedings may not be aware of…
Some custody cases can become so acrimonious they result in Washington civil protection orders and even criminal court. In a recent unpublished case, a mother challenged her convictions of felony harassment and felony violation of a protection order. When the parents divorced, the mother was awarded sole custody of the…
Washington public policy favors a presumption that a marriage is valid. Case law has held that a party seeking a Washington annulment must show the marriage is invalid by “clear, satisfactory, and convincing evidence.” A marriage is invalid if one party was induced to enter into it by “fraud involving…
A Washington Title IX investigation can have lasting and serious effects on an accused student. A Washington appeals court recently concluded that the names of students found responsible for a crime of violence or a nonforcible sexual offense in disciplinary proceedings at a public university are subject to disclosure under…
Washington criminal defendants are guaranteed a trial by an impartial jury under both the state and federal constitutions. The trial court should excuse a potential juror if the performance of their duties as a juror would be prevented or substantially impaired by their views. Actual bias is a basis of…