Community supervision and probation are often preferable to confinement, but some people can find it difficult to comply with their times at times. Additionally, the requirements for the state to prove a violation of such terms do not require the same level of proof as would be required for new…
Students involved in a Washington Title IX case often wish to remain anonymous. Title IX lawsuits are often brought under pseudonyms such as “John Doe” or “Jane Doe.” In some cases, however, a court may not allow a plaintiff to proceed with the lawsuit anonymously. A Michigan federal court has…
In some Washington drug cases, a court may impose alternative sentencing if doing so is in the defendant’s and community’s best interests. Defendants may be eligible for a drug offender sentencing alternative (“DOSA”) if they meet certain conditions under RCW 9.94A.660(1). One of the conditions is that the defendant may…
Many people consider their pets to be part of the family, but the law often treats pets as personal property. In a recent case, a husband challenged court-ordered visitation with the dogs awarded to him in his divorce decree. The parties, who had been married for about 27 years, had…
A suspension or other sanctions imposed by a university as the result of a Title IX accusation can have severe consequences for the accused student. In some cases, it may be possible to prevent such sanctions, or at least delay them. An Indiana court recently issued a temporary restraining order…
The Washington legislature recently passed legislation that makes significant changes to Washington civil protection order law. The legislation expressed an intent to clarify and simplify civil protection laws, in part to provide greater access to protection orders and the related court processes. To further this goal, the new legislation consolidates…
A court must appoint a guardian ad litem when a party to an action is incapacitated and does not have a guardian. RCW 4.08.060. In In re Marriage of Gannon, the Washington Supreme Court held that a guardian or guardian ad litem may pursue a Washington divorce on behalf of…
Juvenile cases are sometimes transferred to adult criminal court. The requirements regarding a court holding a hearing on the issue of declining jurisdiction are set forth in RCW 13.40.110. An appeals court recently considered whether Washington juvenile court jurisdiction could be waived for any type of case, or if the…
The Department of Education (“Department”) Office of Civil Rights (“OCR”) recently issued a Questions and Answers document providing guidance on Title IX sexual harassment regulations. In addition to a number of questions and answers about the regulations, the 67-page document provides examples of Title IX procedures for elementary schools, high…
To convict a defendant of possession of a stolen motor vehicle, the prosecution must show the defendant knowingly possessed the vehicle and that he acted with knowledge it was stolen. When a person is charged with a crime, the charging documents must include all of the essential elements of that…