Washington spousal maintenance is intended to support a spouse until they are able to support themselves. The trial court’s primary consideration is the economic situations of the parties after the divorce. Courts must consider the factors set forth in RCW, but those factors are not exclusive. The factors include the…
Both the Fourth Amendment to the U.S. Constitution and the Washington Constitution make warrantless searches unlawful unless they meet an exception. Valid consent is an exception to the warrant requirement. When premises are shared, a person who has equal control over has the authority to consent to a search of…
Lawsuits arising from a Title IX complaint or investigation can involve a number of complex issues. In a recent case, the Sixth Circuit considered both whether a private college’s Title IX procedures were subject to a § 1983 federal due process claim and when a Title IX claim is ripe…
Washington self-defense is an affirmative defense. A person may lawfully use force when they are about to be injured to prevent or try to prevent an offense against their person, when the force used is not more than necessary. RCW 9A.16.020(3). Force is necessary when there does not appear to…
To convict a defendant in a Washington criminal case, the state must prove every element of the crime, including any knowledge intent element. In a recent unpublished case, a defendant challenged whether the state had sufficiently proven he had the requisite knowledge to support a first degree possession of stolen…
When a court enters a Washington child support order, it begins by determining the standard calculation according to RCW 26.19.020. The standard calculation is the presumptive amount owed. The court then allocates the child support between the parent’s based on their respective share of the combined monthly net income. The…
Title IX allegations can have consequences even if the student is not found responsible of sexual misconduct. In a recent case, a student sued his college after being excluded from a sports team following an allegation of sexual assault that did not result in a formal Title IX complaint…
Violation of a Washington civil protection order can result in serious criminal charges. A woman recently challenged her conviction for stalking and sentence for convictions for violation of a protection order, stalking, and malicious mischief. The defendant was in a romantic relationship with a man for several years. According to…
An award of spousal maintenance in Washington may generally only be modified if the party seeking modification can show a substantial change of circumstances. RCW 26.09.170(1). Under Washington case law, the change must not have been within the parties’ contemplation when the decree was entered. A former wife recently challenged…
During a Washington criminal sentencing proceeding, an offender generally cannot challenge the constitutional validity of a previous conviction. If, however, a conviction that is “constitutionally invalid on its face,” the court cannot consider it during sentencing. A Washington appeals court recently considered whether a defendant’s prior conviction was facially invalid…