In a Washington deferred disposition in a juvenile case, the juvenile stipulates to the admissibility of the facts in the police report, acknowledges the report will be entered a used to support a finding of guilt and impose disposition if they do not comply with the terms of supervision, waive…
A former spouse seeking modification of Washington spousal maintenance must generally show a substantial change in circumstances. A former wife recently challenged the denial of her request for modification. According to the appeals court’s unpublished opinion, the parties married in 1991 and divorced in 2014. The wife was a stay-at-home…
The use of pseudonyms has been a significant issue in Title IX litigation recently, with some courts denying accused students the ability to proceed in litigation against their school under a pseudonym. The First Circuit, however, has recently vacated an order denying an accused student the use of a pseudonym…
Washington’s privacy act generally prohibits recordings of communications obtained without consent of all parties from being admitted as evidence at trial. RCW 9.73.030. In some circumstances, however, they may be admissible. A law enforcement officer can intercept, record, or disclose a conversation with the consent of one party and authorization…
Washington criminal defendants have the right for the jury to be instructed on applicable lesser-included crimes if each of the elements of the lesser offense is a necessary element of the charged offense and the evidence supports an inference the lesser crime was committed instead of the greater offense. There…
Parents have a fundamental right to make certain decisions regarding their children, including decisions regarding visitation with grandparents. A nonparent relative may petition for visitation if they have an ongoing and substantial relationship with the child and harm or the substantial risk of harm to the child is likely if…
Title IX prohibits sex-based discrimination in education programs or activities that receive federal financial assistance. Public schools are clearly subject to Title IX requirements, but applicability to private schools is less clear. If a private school receives federal financial assistance, it is subject to Title IX, thought there are certain…
Major changes in Washington’s civil protection order laws took effect July 1, 2022. The changes were intended to update and harmonize laws related to civil protection orders. Civil protection order laws are now consolidated under RCW 7.105. Under the new law, rules and procedures will be more standardized across the…
Courts must have jurisdiction over the cases they hear. A husband recently challenged the jurisdiction of the Washington court that dissolved his marriage. To petition for divorce in Washington, the petitioner or their spouse must be a resident of Washington. RCW 26.09.030. Washington courts have held that this means a…
To convict a defendant of Washington harassment, the state must show that the defendant knowingly threatened to cause bodily injury, physically damage someone else’s property, or physically confine or restrain another person, without the authority of law, and placed the threatened person in reasonable fear that they would carry out…