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…
Generally, in a Washington premises liability case, a landowner may be held liable for injuries on the land if he or she has not given exclusive control of the premises to a lessee. If, however, the lease requires the landlord to repair the premises, then the landlord may be held…
Defendants in Washington criminal cases often challenge the evidence used against them. One way to challenge evidence is to challenge the validity of the search warrant used to obtain it. When a court issues a search warrant, it must determine there is probable cause based on the facts presented to…
Following a Washington final divorce decree, a maintenance award, also known as spousal support, may only be modified if there has been a substantial change in circumstances since the decree. The change has to be something that was not within the contemplation of the parties at the time of the…
In a series of decisions, the United States Supreme Court held that it is unconstitutional to impose certain severe sentences on juvenile offenders. The Court first found the death penalty unconstitutional for juvenile offenders. Then, it found a sentence of life without parole to be unconstitutional for any juvenile offender…
Washington personal injury cases generally hinge on proving the defendant’s negligence. A recent case, however, turned on contract law. In this unusual case, the court had to determine if a defendant was bound by its agreement to accept responsibility for the condition of a parking lot after learning the accident…
Parents are expected to comply with the parenting plans that set forth custody and visitation arrangements for their children. If a parent fails, in bad faith, to comply with a court order in a Washington custody case, the court may find that parent in contempt of court. A mother recently…