Following a Washington automobile accident, a seriously injured person may have to deal with various insurance companies. Although dealing with an insurance company can be difficult, insurers are prohibited from acting in bad faith or engaging in unfair practices. If the insurer does act improperly, the claimant may be able…
Generally, warrantless seizures are unconstitutional unless an exception applies. One such exception is a Terry stop. A defendant recently challenged evidence found in a search after what the state agreed was a Terry stop in a Washington criminal case. A sheriff deputy was dispatched after a 911 call reporting an…
In a Washington divorce case, a disability allowance is treated differently depending on whether it replaces future lost wages or a standard retirement pension. This distinction will determine if the allowance is considered separate or community property. In a recent case, an ex-wife challenged the characterization of her ex-husband’s disability…
In a Washington felony violation of a no-contact order case, the prosecution must prove the existence of the no-contact order and the defendant’s knowledge of it. For a variety of reasons, the defense may not want the jury to see the no-contact order. A recent issue in Washington has been…
In a Washington automobile accident, an injured person may have some coverage through his or her own insurance policy. This first party coverage may include personal injury protection (PIP), which includes medical expenses and lost wages. When filing a claim against your own insurer, the terms of the policy, including…
In some ways, Washington juvenile offenders may be treated differently than they would be if they were adult offenders. Both the Washington Supreme Court and the U.S. Supreme Court have acknowledged that “children are different.” In a recent case, a juvenile defendant challenged her sentence. She was a first-time offender. …
In certain circumstances, Washington courts ordering domestic violence protection orders must also order the restrained person to surrender his or her firearms, other dangerous weapons, and concealed pistol licenses (CPL). RCW 9.41.800. There is a standard order that courts may use. The standard order requires the restrained person to immediately…
In a Washington child support case, the court may order the payment of post-secondary educational support for a dependent child. The support is conditioned on the child enrolling in an accredited academic or vocational school, pursuing education in line with his or her vocational goals, and remaining in good academic…
Even when the parties to a Washington divorce agree that one spouse should pay spousal maintenance to the other, they may not agree to the amount or duration of that maintenance. In making determinations regarding maintenance, courts should consider certain factors and make specific findings. A husband successfully challenged the…
To convict a defendant of vehicular homicide in a Washington criminal case, the state must prove that the defendant’s conduct was the proximate cause of the victim’s death. In Washington law, the term “proximate cause” includes both actual cause and legal cause. In a recent case, a defendant challenged his…