Even when the parties to a Washington divorce agree that one spouse should pay spousal maintenance to the other, they may not agree to the amount or duration of that maintenance. In making determinations regarding maintenance, courts should consider certain factors and make specific findings. A husband successfully challenged the…
To convict a defendant of vehicular homicide in a Washington criminal case, the state must prove that the defendant’s conduct was the proximate cause of the victim’s death. In Washington law, the term “proximate cause” includes both actual cause and legal cause. In a recent case, a defendant challenged his…
It is common for a person with a Washington temporary protection order to seek renewal before the order expires. If a victim petitions for renewal, the court must order a hearing. The burden is on the respondent to show by a preponderance of the evidence that he or she will…
Generally, unless there is an applicable exception, both the Washington and U.S. constitutions require a warrant supported by probable cause before someone acting on behalf of the government can conduct a search. One exception to the warrant requirement applies to school officials. Under the school search exception, a school official…
A dog owner is generally strictly liable for injuries resulting from a Washington dog bite if the person who was bitten was in a public place or lawfully in a private place, including the dog owner’s property. This strict liability statute applies only when the dog bites a person. Where…
Challenging irrelevant or prejudicial evidence is often a significant part of defense in a Washington state criminal case. Evidence of prior bad acts by the defendant is not admissible to show the defendant’s propensity to commit the charged crime, but may be admissible for other purposes, such as showing intent…
Courts handling Washington child custody cases should base their determinations regarding parental responsibilities on the best interests of the child. The court has broad discretion in determining the parenting plan. However, the court must place restrictions on a parent’s decision-making if it finds he or she has a history of…
When a person is injured by someone else’s negligence in a Washington automobile accident, he or she may want to seek compensation from the negligent party. In some cases, however, the negligent party may not have sufficient insurance or may be unidentified. In such cases, the injured person may seek…
Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances. A fact unknown to the trial court or an unanticipated fact that arises after the decree is entered may constitute a…
In any criminal case, the prosecution must prove all elements of the crime, including the mens rea, or intent. Depending on the facts of the case and the crime charged, the intent element can sometimes be difficult for the prosecution to prove. This can be especially true in Washington domestic…