Allegations of domestic violence can affect a Washington custody case. A Washington appeals court recently considered whether a child could pursue a Domestic Violence Protection Order (“DVPO”) against his mother after another court denied his father’s petition to modify custody based on the same domestic violence allegations. Walla Walla County…
To convict a defendant of possession of a controlled substance with intent to deliver, the state must prove the defendant possessed the controlled substance and had an intent to deliver it to someone else. Whether the defendant actually possessed the controlled substances is often an issue. A defendant recently appealed…
The Department of Education has finally released the final rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (“Final Rule”). The Final Rule makes significant changes to the Title IX regulations that were previously amended under the Trump administration in 2020. The…
In 2023, the legislature amended RCW 9.94A.535(1)(b) to prohibit the inclusion of most prior juvenile adjudications in an offender score. A defendant recently challenged a sentence imposed in October 2022 because the court had included juvenile adjudications in his offender score. Following an incident in May 2022, the defendant was…
Pursuant to RCW 26.09.191(5), a court in a Washington custody case may not draw presumptions from the provisions of the temporary parenting plan when it enters a permanent parenting plan. The court must instead base the permanent residential custody on the child’s best interest as determined at trial. The court…
The Washington Supreme Court has recently decided a case involving school discipline. A Washington public school student filed suit after being suspended and not allowed to return to in-person school after the suspension was over. The Court noted that students facing suspension are entitled to due process because they have…
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…