Following a Washington final divorce decree, a maintenance award, also known as spousal support, may only be modified if there has been a substantial change in circumstances since the decree. The change has to be something that was not within the contemplation of the parties at the time of the…
In a series of decisions, the United States Supreme Court held that it is unconstitutional to impose certain severe sentences on juvenile offenders. The Court first found the death penalty unconstitutional for juvenile offenders. Then, it found a sentence of life without parole to be unconstitutional for any juvenile offender…
Washington personal injury cases generally hinge on proving the defendant’s negligence. A recent case, however, turned on contract law. In this unusual case, the court had to determine if a defendant was bound by its agreement to accept responsibility for the condition of a parking lot after learning the accident…
Parents are expected to comply with the parenting plans that set forth custody and visitation arrangements for their children. If a parent fails, in bad faith, to comply with a court order in a Washington custody case, the court may find that parent in contempt of court. A mother recently…
Evidence collected from an unlawful search is generally not admissible in a Washington criminal case. If, however, the evidence is ultimately obtained pursuant to lawful means independent of the lawful search, it may be admissible. When considering this “independent source doctrine,” the court must consider whether the illegally obtained evidence…
In some instances involving alleged domestic violence, courts may issue permanent protection orders. Even if there are no intentions to contact the protected party, a respondent may find an ongoing protection order to have other consequences and seek to terminate it. The court is to consider nine factors to determine…
The rules of evidence can be important in any court case, even in a Washington custody case. A mother recently challenged a custody modification that gave the father primary residential custody on the grounds certain evidence should have been excluded at trial. The children had been living with their mother…
Washington Title IX defense attorneys know that the procedures used by schools and colleges to investigate allegations of sexual harassment are not always fair. The Secretary of Education has proposed amendments to the regulations that implement Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in…
In a Washington criminal case, the court must generally impose a sentence within the standard sentence range. RCW 9.94A.505. In some circumstances, however, the court may deviate from the standard range. These exceptions include exceptional sentences, first-time offender waivers, and Drug Offender Sentencing Alternative (DOSA). DOSA allows a reduced sentence,…
Washington Juvenile Courts are subject to their own rules, which may be different from the rules and procedures that apply to a criminal trial of an adult. A juvenile being tried in a juvenile court does not have a right to a jury. RCW 13.04.021. The case is instead heard…