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…
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…
“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 In an unpublished opinion, a Washington appeals court recently reviewed a domestic violence protection order, granted partly upon a…
Generally, Washington’s “corpus delicti” rule requires the state to prove that the crime occurred, independent of the defendant’s own statements. The state must provide sufficient evidence in its case-in-chief. However, if the defendant presents evidence during their case-in-chief, they waive the challenge to the sufficiency of the evidence as of…
In some circumstances, a Washington criminal defendant may be eligible for a sentencing alternative, including a parenting sentence alternative, a drug offender sentencing alternative (“DOSA”), or a mental health sentencing alternative (“MHSA”). The defendant must meet certain conditions to qualify for these alternatives. A defendant is only eligible for an…
Washington family law recognizes a rebuttable presumption that relocation of a child under a parenting plan will be permitted. That presumption does not apply, however, if the parents have “substantially equal residential time.” “Substantially equal time” generally means the child spends at least 45% of their residential time with each…
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…
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…
Washington domestic violence protection orders (“DVPOs”) protect abused spouses, romantic partners, and family and household members. The court may order the DVPO for a fixed period of time, in many cases, one year. The petitioner may seek a renewal of the DVPO and, under current RCW 7.105.405, the petitioner does…
A Washington Domestic Violence Protection Order (“DVPO”) may order a respondent to participate in state-certified treatment, and failure to do so may be considered if the petitioner seeks renewal. A respondent recently challenged renewal of a DVPO, arguing the court should have considered his relocation and participation in an out-of-state…