Seattle Attorneys Blog

Frequently Asked Questions – Part 2

April 18, 2015 | by Blair Kim Moeller, PLLC

To continue from last week’s post, here are more questions frequently asked by Washington clients involved in family law cases:

Am I allowed to move?

When an unmarried parent wants to move they have to consider how their move may impact their relationship with their child. With that in mind, many unmarried parents come into our office wondering whether they are permitted to move. The short answer is usually yes. The longer (and more helpful answer) is that it depends. When we say that people can move, we mean that they do have the right to move. What they may not have the right to do is move their children. In general, if an unmarried parent wants to move within the child’s current school district, it will not be a problem and they are free to do so. However, if the move is outside the child’s school district boundaries, the move should be discussed with a family law attorney. In these cases some parents may be required to provide more formal notice, and may end up needing to go to court to ask the court to permit them to move with their children. Continue reading

Neighbors and No Contact Orders

April 15, 2015 | by Blair Kim Moeller, PLLC

Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states that such a order must clearly be read to prohibit conduct as the principal legislative intent. See e.g. RCW 10.99.040(2)(a)(“contact” mentioned 4 times before the single mention of “distance”). Continue reading

The Fellow Officer Rule

April 10, 2015 | by Blair Kim Moeller, PLLC

Hypothetically, you have a police officer who while driving her car past a intersection observes a individual selling crack on the street corner, he directs another patrol car following directly behind him to arrest the individual. Can he do this? how is this legal?

Frequently Asked Questions – Part 1

April 8, 2015 | by Blair Kim Moeller, PLLC

In family law, we see a wide variety of cases; family law cases can vary as much as the families involved in the cases do. That said, there are some similar issues and questions that come up in our cases. This is a FAQ list for Washington State family law cases. Continue reading

An Overview of Legal Separation in Washington State

March 31, 2015 | by Blair Kim Moeller, PLLC

Many people that come into our office hoping to “legally separate” from their spouse are unsure what being legally separated actually means. In many cases, when we explain what a legal separation is, people decide that a legal separation is not what they are looking for. In many cases, they opt instead to file for dissolution of marriage and file temporary orders during the pendency of the proceedings. This article attempts to provide some basic information on the legal separation process, and why some people choose it over divorce.

NHTSA: Drugged Drivers no more likely to crash than Drunk Drivers

March 25, 2015 | by Blair Kim Moeller, PLLC

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in the area who were involved in an accident with over 6,000 control drivers who were not in an accident.

Valuing Property as Part of Your Divorce Case

March 23, 2015 | by Blair Kim Moeller, PLLC

Most divorces include the division of property. In some cases, especially those with limited assets, this can be a very simple, straightforward process. However, in cases involving complex assets, especially those of high-value, the process can be much more complicated. In these more complicated cases, it may be necessary to hire experts and obtain formal appraisals. Continue reading

Case Summary: State of Washington v. Ryan Richard Quaale

March 21, 2015 | by Blair Kim Moeller, PLLC

In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment. On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on a residential street. Continue reading

Do I have a right to a speedy trial in Washington State?

March 18, 2015 | by Blair Kim Moeller, PLLC

So what is the right to a speedy trial? The Sixth Amendment to the United States Constitution, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” The Clause is important because it protects the defendant from delay between the time when they are charged and the beginning of trial. But do you have a right to a speedy trial? Did you waive it? How can you know? And what happens if you are in prison and have other charges pending?

Modifying or Terminating a Protection Order in your Family Law Case

March 16, 2015 | by Blair Kim Moeller, PLLC

Protection orders may be granted in a number of circumstances. They can be agreed upon by the parties. They can also be ordered by the court after a hearing of the parties. In some cases the need for a protection order decreases, or the protection order unnecessarily impacts the restrained party from employment or other opportunities. If one or both parties believe that the protection order should be modified, they can seek that modification or termination by motion.

Termination or modification of an order of protection is governed by RCW 26.50.130. This statute provides the process for how to request that a court modify or terminate a protection order. What follows is a summary of that process. Continue reading