In some instances involving alleged domestic violence, courts may issue permanent protection orders. Even if there are no intentions to contact the protected party, a respondent may find an ongoing protection order to have other consequences and seek to terminate it. The court is to consider nine factors to determine…
Washington civil protection orders are available to protect individuals from contact by someone who has harassed, threatened, or assaulted them. Washington has several types of protection orders that may apply in various situations, including an anti-harassment protection order. An anti-harassment protection order may be issued against a person who has…
Washington criminal defendants are entitled to a fair trial. In some cases, prosecutors may seek to introduce irrelevant and inflammatory evidence that tends to prejudice the jury. Domestic violence and civil protection order violation cases can be particularly vulnerable to prejudice. In some cases, a prosecutor’s misconduct may lead to…
When a Washington civil protection order is issued, the parties generally know who the protected party is. In some cases, however, there may be errors in the identification of the protected party in the order. A defendant recently challenged his conviction for violation of a domestic violence court order because…
In many Washington domestic violence cases, a person faces criminal charges as well as a petition for a civil protection order. When there are “parallel” civil and criminal proceedings, there would be a risk that the criminal defendant may be compelled to incriminate himself or herself in the civil proceedings…
Photo Credit: Lukatme / Shutterstock.com Violation of a Washington no-contact order is generally a gross misdemeanor. In some circumstances, however, it can be elevated to a class C felony if the violation includes an assault. Defense of property can be an affirmative defense to assault. The Washington Supreme Court has…
To convict a defendant of felony violation of a no-contact order, the state must prove that an order existed and that the defendant knew of the order. The order is therefore generally relevant and likely admissible. In a recent case, however, the defendant challenged the admission of a no-contact order…
When one parent seeks a protection order against the other parent, they often ask that the order also be applied to the children. However, when a court issues a domestic violence protection order, any provisions addressing the residential arrangement of minor children must be made in accordance with Washington child…
The state can get a conviction in a Washington domestic violence case even when the alleged victim does not testify. In such cases, it is very important for the defendant to fight the admission of other improper evidence that may be harmful to the defense. In a recent case, a…
Romantic and familial relationships can grow contentious and sometimes become violent. Sometimes relationships can become so contentious that one party seeks to have a court intervene and issue a civil protection order to prevent the other party from contacting them or engaging in other activities. Washington civil protection order attorneys…