Photo Credit: Tiko Aramyan / Shutterstock.com When a court sentences a defendant to community custody in a Washington criminal case, there are some conditions the court must impose and others that the court may impose in the court’s discretion. These conditions are set forth in RCW 9.94A.703. Pursuant to the…
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…
In Washington domestic violence cases, the prosecution or defense may want to present evidence of what one of the involved parties said about the events. Hearsay evidence is generally not allowed, so such statements must fall within an exception to the hearsay rule to be admissible. A Washington appeals court…
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…
Some evidence, though relevant, may be unfairly prejudicial. A court must balance the probative value of evidence against the risk of unfair prejudice. If the risk of unfair prejudice substantially outweighs its probative value, the evidence must be excluded. Washington domestic violence attorneys know that some facts about an alleged…
A person has a fundamental right to parent his or her own natural children. When a court places a sentencing condition on a person that limits those fundamental rights, it must consider whether there are reasonable alternatives that will further the state’s interest. If there are no reasonable alternatives, the…
Washington defendants are entitled to a unanimous jury verdict. Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges. If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the…
Washington civil protection order attorneys understand that domestic violence can be a complex issue that reaches beyond the couple. Children may become involved by witnessing the violence or by being threatened. Washington law allows a person to petition for a protection order on behalf of himself or herself, or on…
Threats of domestic violence should be taken seriously. However, not all statements that suggest potential violence are true threats that can form the basis of a criminal conviction. A Washington appeals court recently considered whether a statement that was made to a third party and that did not include a…