Photo Credit: Lukatme / Shutterstock.com Violation of a Washington no-contact order is generally a gross misdemeanor. In some circumstances, however, it can be elevated to a class C felony if the violation includes an assault. Defense of property can be an affirmative defense to assault. The Washington Supreme Court has…
Photo Credit: Tiko Aramyan / Shutterstock.com When a court sentences a defendant to community custody in a Washington criminal case, there are some conditions the court must impose and others that the court may impose in the court’s discretion. These conditions are set forth in RCW 9.94A.703. Pursuant to the…
Photo Credit: Ruslan Grumble / Shutterstock.com In a Washington divorce, the court must characterize the assets as separate or community property. While categorizing some types of property are fairly straightforward, others can be more complicated. Employee stock options, for example, are characterized based on when they were acquired. The court…
Photo Credit: tonkid / Shutterstock.com An employer may be held vicariously liable for the negligence of its employees in a Washington automobile accident case when the employees are acting within the scope of their employment. An employee is acting within the scope of employment when engaged in the performance of…
Photo Credit: Paul Biryukov / Shutterstock.com A misdemeanor Washington DUI can be elevated to a felony under some circumstances, including a prior conviction for “[v]ehicular assault while under the influence of intoxicating liquor or any drug.” To elevate a charge, the state must prove the existence of the conviction and…
Photo Credit: zimmytws / Shutterstock.com Courts have broad discretion in ordering postsecondary educational support in Washington family law cases. Washington law sets out a number of factors courts should consider, including the parent’s expectations for the child, the child’s aptitude, the nature of the education sought, and the parents’ level…
To convict a defendant of felony violation of a no-contact order, the state must prove that an order existed and that the defendant knew of the order. The order is therefore generally relevant and likely admissible. In a recent case, however, the defendant challenged the admission of a no-contact order…
When one parent seeks a protection order against the other parent, they often ask that the order also be applied to the children. However, when a court issues a domestic violence protection order, any provisions addressing the residential arrangement of minor children must be made in accordance with Washington child…
When a person is killed due to someone else’s negligence, their loved ones may be able to pursue Washington wrongful death and survivorship claims. Survivorship claims and wrongful death claims are similar, but not identical. A Washington appeals court recently considered whether a judgment in a survivorship claim precluded a…
In a Washington divorce, parents generally cannot escape child support obligations by being voluntarily underemployed. If the court finds the parent is underemployed for the purpose of reducing the child support obligation, the court can calculate child support based on imputed income. A Washington court recently considered whether a father…