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Articles Posted in Domestic Violence

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Admission of Prior Incidents in Washington Domestic Violence Cases

Pursuant to Washington ER 404(b), evidence of other crimes, wrongs, or acts may not be admitted to prove the defendant’s character to show that he acted in conformity with his character.  Evidence of prior acts can be admissible for certain other reasons, including motive, opportunity, and intent.   Washington courts have…

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Washington Court of Appeals Clarifies Use of Self-Defense in Domestic Violence Case

In a recent opinion, the Court of Appeals of Washington decided the issue of whether a defendant is entitled to a self-defense instruction when only the state produces evidence of self-defense. In State v. Thysell (Wash. Ct. App. June 9, 2016), the defendant was charged with fourth-degree assault, domestic violence, after…

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Washington Court Reverses Conviction and Orders New Trial for Defendant Charged with Domestic Violence

In a recent opinion, the Court of Appeals of Washington decided a case in which a defendant appealed his jury trial conviction for fourth-degree assault involving domestic violence. In City of Tacoma v. Driscoll (Wash. Ct. App. Mar. 22, 2016), the defendant argued that the lower court violated his right to…

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Think You are Ready to File for Divorce? Issues to Consider

January is a busy time for family law attorneys.  The stress of the holidays seems to make an already unhappy marriage even unhappier, and in January, people vow to never spend another holiday with their soon-to-be-former spouse.  While we understand that this issue can feel very urgent, and sometimes it…

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Washington Court of Appeals Reviews Conviction of No-Contact Order Violation

The Washington Court of Appeals recently reviewed a defendant’s conviction for violating a no-contact order, evaluating whether evidence should have been suppressed. In State v. Burks (Wash. Ct. App. Nov. 3, 2015), the police officer conducted a traffic stop of a vehicle for speeding. The police officer obtained the driver’s information…

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Washington Court Considers Admissibility of Prior Acts of Domestic Violence in Criminal Jury Trial

The Court of Appeals of Washington recently reviewed a jury verdict that found a defendant guilty of second-degree assault against a member of his household. On appeal in State v. Moreno-Valentin (Wash. Ct. App. Sept. 29, 2015), the defendant argued that the trial court erred by admitting evidence of his prior…

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Modifying or Terminating a Protection Order in your Family Law Case

Protection orders may be granted in a number of circumstances.  They can be agreed upon by the parties.  They can also be ordered by the court after a hearing of the parties.  In some cases the need for a protection order decreases, or the protection order unnecessarily impacts the restrained…

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How Will My Criminal History Impact My Divorce?

People from all walks of life have criminal records. Some people have had a DUI. Others have had convictions for assault or theft. When these people get divorced, many of them wonder how their criminal record will impact their dissolution proceedings. Unfortunately, for purposes of this blog post the answer…

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