An award of spousal maintenance in Washington may generally only be modified if the party seeking modification can show a substantial change of circumstances. RCW 26.09.170(1). Under Washington case law, the change must not have been within the parties’ contemplation when the decree was entered. A former wife recently challenged…
During a Washington criminal sentencing proceeding, an offender generally cannot challenge the constitutional validity of a previous conviction. If, however, a conviction that is “constitutionally invalid on its face,” the court cannot consider it during sentencing. A Washington appeals court recently considered whether a defendant’s prior conviction was facially invalid…
A California school district recently sought to have Title IX and related claims against it dismissed. The plaintiff was a high school student who filed suit through his guardian ad litem against the school district, several individually named administrators and athletics personnel, and unnamed “Doe” defendants. The defendants filed a…
Two bills in the Washington legislature propose significant changes to Washington’s impaired driving laws. SB 5002 proposes to lower the legal limit for a driver’s alcohol concentration. SB 5032 would extend the felony DUI lookback period and create a sentencing alternative for certain impaired driving convictions. If passed, SB 5002…
A Washington juvenile record may be sealed if certain circumstances are met. The court schedules an administrative sealing hearing at the disposition hearing, if the juvenile is eligible. The hearing is to occur after the last of the following: the juvenile’s 18th birthday, the anticipated end of the juvenile’s probation,…
A trial court must grant an annulment to parties married outside Washington if the court finds the marriage was void or voidable pursuant to the laws where the marriage was contracted, unless it was subsequently validated. RCW 26.09.040(4)(c). A wife recently appealed a court’s denial of her petition for a…
In December 2022, identical bills were introduced in the Senate, S. 5158, and House of Representatives, H.R. 9387, to amend Title IX. The short title for the act is “Students’ Access to Freedom and Educational Rights Act of 2022,” also known as the SAFER Act. In addition to amending Title IX,…
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…
Necessity may be available as a defense in a Washington criminal case when “physical forces of nature or the pressure of circumstances” cause a defendant to do something illegal to avoid a harm that is greater than the harm resulting from the unlawful act. A defendant recently challenged her conviction…
Parties to a Washington divorce may reach an agreement to resolve the issues in their case. A CR 2A agreement, named after Washington Superior Court Civil Rule 2A, can resolve a number of issues, including property distribution and debt allocation. CR 2A agreements may also include an alternative dispute resolution…