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…
To convict a person of a Washington crime, the state must prove each element of that crime. In a recent case, a defendant appealed a conviction for felony violation of a domestic violence no-contact order, arguing the state had not shown he had knowingly violated a no-contact order. According to…
When a court finds a parent has engaged in a history of acts of domestic violence, a permanent Washington parent plan may not require mutual decision-making or a dispute resolution process other than court action if the court finds a parent has a history of acts of domestic violence. RCW…
Washington civil protection orders have undergone significant changes recently, including changes to the duration of protection orders. However, there are some cases filed before the new laws took effect that are still subject to the previous laws. A husband recently challenged the duration of a Domestic Violence Protection Order (“DVPO”)…
Major changes in Washington’s civil protection order laws took effect July 1, 2022. The changes were intended to update and harmonize laws related to civil protection orders. Civil protection order laws are now consolidated under RCW 7.105. Under the new law, rules and procedures will be more standardized across the…
Washington’s Drug Offender Sentencing Alternative (“DOSA”) program provides substance use disorder treatment and community treatment to people with a substance use disorder who have committed certain crimes. A DOSA sentence reduces or eliminates the time a person must spend in jail or prison if they complete the treatment and comply…
Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges…
Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his…
When a court enters certain types of Washington protection orders, it must also require the surrender of firearms and other weapons upon a proper showing that the respond used, displayed, or threatened to use a firearm or other dangerous weapon in a felony or that the respondent is not eligible…
The First Amendment protects the right to free speech. A defendant recently challenged a felony stalking conviction, arguing it was based solely on protected speech. The defendant was retried after his conviction was reversed on appeal. According to the appeals court’s opinion, an employee of the county corrections center testified…