Because Title IX cases may involve allegations of sexual harassment or sexual assault, Title IX plaintiffs often want to maintain anonymity. Courts commonly allow Title IX plaintiffs, both alleged victims and those who have been accused of sexual misconduct, to proceed under a pseudonym. Recently, however, some courts have denied…
Washington domestic violence protection orders must be supported by a preponderance of the evidence that domestic violence occurred. Domestic violence protection order proceedings are not subject to the same rules of evidence as other types of cases. A court may rely on evidence, such as hearsay, that would not be…
A Washington criminal conviction can have significant and lasting consequences. Convictions may result in greater sentences for subsequent offenses, the loss of firearm rights, and the loss of voting rights. In some circumstances, some rights may be restored. In a recent case, a man who had lost his firearm rights…
In a Washington divorce, a party who claims an asset is separate property must show it qualifies as separate property by clear and convincing evidence. If separate property becomes commingled with community property to the extent it is impossible to distinguish it, then it becomes community property. In a recent…
Community supervision and probation are often preferable to confinement, but some people can find it difficult to comply with their times at times. Additionally, the requirements for the state to prove a violation of such terms do not require the same level of proof as would be required for new…
Students involved in a Washington Title IX case often wish to remain anonymous. Title IX lawsuits are often brought under pseudonyms such as “John Doe” or “Jane Doe.” In some cases, however, a court may not allow a plaintiff to proceed with the lawsuit anonymously. A Michigan federal court has…
In some Washington drug cases, a court may impose alternative sentencing if doing so is in the defendant’s and community’s best interests. Defendants may be eligible for a drug offender sentencing alternative (“DOSA”) if they meet certain conditions under RCW 9.94A.660(1). One of the conditions is that the defendant may…
Many people consider their pets to be part of the family, but the law often treats pets as personal property. In a recent case, a husband challenged court-ordered visitation with the dogs awarded to him in his divorce decree. The parties, who had been married for about 27 years, had…
A suspension or other sanctions imposed by a university as the result of a Title IX accusation can have severe consequences for the accused student. In some cases, it may be possible to prevent such sanctions, or at least delay them. An Indiana court recently issued a temporary restraining order…
The Washington legislature recently passed legislation that makes significant changes to Washington civil protection order law. The legislation expressed an intent to clarify and simplify civil protection laws, in part to provide greater access to protection orders and the related court processes. To further this goal, the new legislation consolidates…