Article I, section 7, of the Washington State Constitution protects individuals from warrantless searches into their private affairs. Courts must consider what type of information may be discovered through the government’s action and how the interest being asserted has been treated in the past. A defendant in a Washington criminal…
Articles Posted in Civil Protection Order
Washington Appeals Court Affirms Violation of No-Contact Order Conviction Supported by Video Surveillance
Article I, section 7 of the Washington State Constitution provides individuals a privacy right that is greater than the protection provided by the Fourth Amendment to the U.S. Constitution. A search occurs under article I, section 7, when the government disturbs a citizen’s privacy interests that the citizen should be…
Washington Stalking Civil Protection Orders
A court may issue a Washington protection order based on stalking behavior. (RCW 7.92.100) Stalking includes repeated actual or attempted contact with the victim, tracking the victim, monitoring the victim’s actions or following the victim. The respondent’s conduct must serve no legal purpose and be conduct that the respondent knows…
No Blanket Rule Against Live Testimony and Cross-Examination in Washington Protection Order Cases
Courts in Washington protection order cases do not always have to allow live testimony or cross-examination, pursuant to the Domestic Violence Prevention Act. The trial court or commissioner should perform a balancing test, weighing the value of cross-examination against the potential harm to the witness. The Washington Supreme Court has…
Washington Father Not Required to Pay Mother’s Attorney Fees after Seeking Protection Order and Custody Modification
Sadly, suspicions or allegations of abuse sometimes arise in Washington custody cases. Although there may be circumstances where a party makes an allegation in an attempt to affect the custody case, some parents have sincere concerns about their children. A father recently challenged an order that he pay the mother’s…
Washington No Contact Order Violation Conviction Upheld Where Protected Party Said She Planned to Drop the Order
When a Washington civil protection order is in place, any contact with the protected party could result in a charge for a violation of the order. In a recent case, a defendant challenged his conviction for violation of a no contact order, claiming the state did not prove he knowingly…
Washington Parents May Use Reasonable and Moderate Physical Discipline
A person who has experienced domestic violence may seek a protection order with the assistance of a Seattle civil protection order lawyer. Courts may order a protection order based upon violence against a child. Washington law does, however, recognize a parent’s right to physically discipline his or her child, as…
Washington Prosecutor Does Not Have to Stipulate No-Contact Order
In a Washington felony violation of a no-contact order case, the prosecution must prove the existence of the no-contact order and the defendant’s knowledge of it. For a variety of reasons, the defense may not want the jury to see the no-contact order. A recent issue in Washington has been…
Weapons Surrender in Washington Domestic Violence Protection Order
In certain circumstances, Washington courts ordering domestic violence protection orders must also order the restrained person to surrender his or her firearms, other dangerous weapons, and concealed pistol licenses (CPL). RCW 9.41.800. There is a standard order that courts may use. The standard order requires the restrained person to immediately…
Renewal of a Washington Civil Protection Order
It is common for a person with a Washington temporary protection order to seek renewal before the order expires. If a victim petitions for renewal, the court must order a hearing. The burden is on the respondent to show by a preponderance of the evidence that he or she will…