Washington felony violation of a court order occurs when a person, who has at least two previous convictions for violating a court order, knows a no-contact order exists and knowing violates a provision of it. Willful violation of a court order occurs when a person has willful contact with another…
In a recent Washington custody case, a mother challenged a parenting plan that required her to undergo a particular form of therapy to receive equal residential time with the child. An appeals court reviews the provisions of a parenting plan under a manifest abuse of discretion standard, meaning the trial’s…
Under Washington criminal law, a defendant commits residential burglary if they enter or unlawfully remain in a dwelling, other than a vehicle, with the intent to commit a crime against a person or property inside. RCW 9A.52.025. To convict a defendant of residential burglary, the state must prove that the…
The Department of Education submitted the “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” final rule to the Office of Information and Regulatory Affairs (“OIRA”) for review on February 2, 2024, according to a government website. The final rule is expected to undo…
The Due Process Clause of the Fourteenth Amendment requires criminal defendants to have “a meaningful opportunity to present a complete defense.” The prosecution generally has a duty to preserve evidence, but it is not absolute. State v. Wittenbarger. The state’s failure to preserve “material exculpatory evidence” generally requires dismissal, but…
During the COVID-19 pandemic, courts adopted a number of policies and procedures to prevent infection. A defendant recently appealed his convictions for violation of a no contact order, challenging whether the state proved he had knowledge of the order when he had not signed it during COVID-19 protocols. According to…
Washington family law recognizes Committed Intimate Relationships (“CIRs”), which are stable relationships, similar to a marriage, in which the parties live together knowing that they are not lawfully married. CIRs have also been referred to as “meretricious relationships.” Washington courts consider five factors to determine if a CIR exists: whether…
A student pursuing a claim against their school based on disciplinary action arising from a Title IX complaint may also seek a temporary restraining order or injunction to stop a suspension or expulsion while their case is pending. A student recently sought to enjoin a suspension. The medical student filed…
A trial court in a Washington divorce has broad discretion to make a just and equitable property division. RCW 26.09.080 sets forth certain factors that the court must consider in making a just and equitable property distribution, but those factors are not exclusive. The trial court must consider the nature…
“Coercive control” was added to Washington’s definition of “domestic violence” in 2022. Although the statute provides a number of examples of coercive control, there have been few appellate cases interpreting it. In an unpublished opinion, a Washington appeals court recently reviewed a domestic violence protection order, granted partly upon a…