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Washington Appeals Court Reverses DVPO that Excluded Parties’ Minor Child

When a parent seeks a Washington domestic violence protection order (“DVPO”), they may want to include their minor children as protected parties.  If the protection order is against the other parent, it can affect that parent’s visitation and custody.  In a recent case, a mother appealed a DVPO that did…

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Washington Driver License Revocation Under RCW 46.20.285(4)

Under RCW 46.20.285, a Washington driver license must be revoked upon conviction of certain offenses.  The statute requires the Department of Licensing to revoke the driver license when conviction of one of the listed offenses becomes final.  A defendant recently challenged his judgment and sentence, arguing the court had applied…

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Student Sues Private University Alleging Violation of ADA in Title IX Process

A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation.  According to the complaint, the plaintiff enrolled in the university through a program for intellectually and developmentally disabled students (“Program”).  The…

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Washington Court Rejects Defendant’s Entrapment Defense in Drug Case

To succeed in an entrapment defense, a Washington criminal defendant must show that the “criminal design” originated with law enforcement or someone acting under law enforcement’s direction and the defendant was induced to commit a crime he otherwise did not intend to commit. It is not sufficient for the defendant…

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Washington Appeals Court Affirms Denial of Post-Secondary Educational Support

Washington postsecondary educational support may be ordered when a child is dependent and relies upon the parents for reasonable necessities.  The court has discretion in ordering postsecondary educational support.  RCW 26.19.090 provides a non-exclusive list of factors to be considered. A mother recently challenged a court’s denial of her motion…

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Washington Juvenile Adjudicated Guilty of Fourth Degree Assault in Altercation with Sister

Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result.  A teenager recently challenged a guilty adjudication for fourth degree assault arising from an altercation with his younger sister. According to the appeals court’s opinion, which relied primarily on the juvenile court’s unchallenged…

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Court Concludes Absolute Immunity Not Available for Statements in Sexual Misconduct Hearing

The Connecticut Supreme Court recently concluded a university disciplinary proceeding arising from a sexual assault allegation was not quasi-judicial and therefore did not afford the complainant with absolute immunity for the statements she made during the proceeding. According to the court’s opinion, “Jane Doe” accused the plaintiff of sexual misconduct…

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Washington Supreme Court Concludes Warrantless Search of Home Was Justified

The U.S. Supreme Court held in Caniglia v. Strom that the “community caretaking” exception to the warrant requirement did not extend to a residence.  The Washington Supreme Court has recently considered application of that holding in a Washington criminal case. According to the opinion, a deputy went to a home…

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Washington Appeals Court Concludes Respondent Failed to Comply with Order to Surrender Firearms

A court issuing a Washington domestic violence protection order (“DVPO”) must also order the surrender of firearms, dangerous weapons, and concealed pistol licenses. The restrained person must file a proof of surrender and receipt or a declaration of nonsurrender within five days.  RCW 9.41.804. The restrained person must prove by…

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