Article I, section 7, of the Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Washington criminal defense attorneys know that the privacy protections of section 7 provide greater coverage than the Fourth Amendment of the U.S. Constitution…
Seattle Attorneys Blog
Washington Supreme Court Allows Mother to Obtain Protection Order on Behalf of Son
Washington civil protection order attorneys understand that domestic violence can be a complex issue that reaches beyond the couple. Children may become involved by witnessing the violence or by being threatened. Washington law allows a person to petition for a protection order on behalf of himself or herself, or on…
Washington Appeals Court Finds Separate Property Converts to Community Property During Separation Under Prenuptial Agreement
No one wants to think about divorce before they are even married, but a prenuptial agreement can protect both parties if the marriage doesn’t work out. While most people think in terms of either being married or divorced, Washington divorce attorneys understand there may be significant periods of separation. If…
Paraphernalia Possession Not Sufficient to Establish Probable Cause for Intent to Use in Washington
Probable cause is required for a warrantless arrest. To have probable cause, the arresting officer must be aware of facts or circumstances that are based on reasonably trustworthy information that is sufficient to cause a reasonable officer to believe a crime was committed. If the arresting officer did not have probable…
No Fault Apportioned to Washington Parent for Negligent Supervision in Child’s Personal Injury Case
The fact-finder in a Washington personal injury case must allocate fault among each of the entities that were at fault for the plaintiff’s injuries, including entities with immunity, except those immune under the workers’ compensation act. Washington law recognizes the doctrine of parental immunity for claims of negligent supervision. The Washington…
Washington Court Finds Traffic Stop Constitutional When Defendant Crossed Fog Line
Individuals are protected from unreasonable seizures by both the U.S. and Washington Constitutions. Warrantless seizures are unreasonable unless an exception applies, and it is the state that must establish that an exception exists. A traffic stop is considered a seizure. For a warrantless traffic stop to be constitutional, there must be…
Washington Court Denies Negligent Infliction of Emotional Distress Claim
Negligent infliction of emotional distress is a cause of action available when a family member is at the scene of their loved one’s accident at the time of the accident or shortly thereafter and witnesses their injuries at the scene before there is a material change in the circumstances. In…
Waiver of Enforcement Limitations on Washington Child Support Orders
A judgment or judgment lien for accrued child support in Washington remains in force for 10 years after the youngest child named in the order turns 18, pursuant to RCW 4.56.210. The statute therefore generally makes a child support judgment unenforceable after the youngest child turns 28. Washington courts have…
Alternative Means and Unanimous Jury Verdicts in Washington
Domestic violence violation of a protection order is generally a gross misdemeanor under Washington law, but it can be a class C felony if a violation of the order is also an assault or if the defendant has at least two prior convictions for violating a protection order. RCW 26.50.110. …
Free Speech and Washington Civil Protection Orders
Under Washington law, “unlawful harassment” is “a knowing and willful course of conduct” directed toward a particular person that “seriously alarms, annoys, harasses, or is detrimental” to that person. To be unlawful harassment, the conduct cannot serve a legitimate or lawful purpose. Furthermore, the course of conduct must be the…