The court must distribute the assets in a divorce if the couple does not reach an agreement as to distribution. Certain property may be considered separate property. In Washington, an asset is separate property if it is either acquired before the marriage, acquired during the marriage by gift or inheritance,…
Seattle Attorneys Blog
Washington Statute of Limitations and Service
Personal injury cases are subject to a statute of limitations, and if the injured person does not bring a lawsuit prior to its expiration, he or she will be time-barred from doing so. Washington car accident attorneys know that Washington law is a little more complicated than other states on…
Jury Access to Inadmissible Evidence Results in New Trial for Washington Criminal Defendant
A jury must base its decision on the evidence before the court and may not consider evidence outside the record. While courts do their best to ensure that juries are properly instructed and not exposed to outside information, jurors still sometimes consider extrinsic information in robbery and other theft cases. …
Washington Parenting Plans and Substantial Changes in Circumstances
The modification of a Washington parenting plan over the other parent’s objection can be difficult. In fact, there is a presumption against it. Washington child custody attorneys know that Washington courts have recognized that children have a strong interest in finality in their living arrangements. Courts will not disturb the…
Washington Protection Order Violations and Burglary
Washington defendants are entitled to a unanimous jury verdict. Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges. If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the…
Washington Left-Turn Driver Not Liable for Motorcyclist’s Injuries
Under Washington law, a driver intending to turn left at an intersection must yield to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard. This rule seems fairly straightforward and suggests that the vehicle turning left will usually be…
Sentencing Enhancement for Proximity to School Bus Stop in Washington Drug Case
Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public…
Restrictions on Child Visitation in Washington
Washington child custody rules do not favor modifying parenting plans to decrease visitation. A court may, however, modify a parenting plan if it finds, based on information that occurred after the decree or that was unknown to the court at the time, that there has been a substantial change that…
Washington Protection Orders Entered Pursuant to a Dissolution Decree or Parenting Plan
In Washington, a domestic violence protection order restraining a parent from contacting his or her children is generally limited to one year, RCW 26.50.060, but Washington civil protection order attorneys know that there are exceptions to this limitation. One such exception is when the order is issued under Chapter 26.09,…
Washington Court Finds Falling from a Parked Vehicle Is Not a Motor Vehicle Accident
Washington automobile insurers must offer personal injury protection coverage (PIP). PIP benefits may cover medical expenses, lost wages, funeral expenses, and loss of services. Washington car accident attorneys know that it is not always clear whether an incident resulting in injuries gives rise to a PIP claim. In a recent…