Many people think “domestic violence” is limited to people who are or have previously been married or in a romantic relationship. Under Washington law, however, domestic violence is defined to include incidents between family or household members. Sometimes, whether a Washington domestic violence protection order can properly be issued turns…
The duty of care a landowner owes to a person on his or her property depends on the person’s status as either an invitee, a licensee, or a trespasser. The highest standard of care is owed to an invitee. A business invitee is a person invited to come onto or…
In Washington, a person may be convicted of possession of a controlled substance if he or she has actual or constructive possession of the substance. A person has actual possession if he or she has physical custody of the substance. A person has constructive possession if he or she has…
Courts sometimes make mistakes in parenting plans. A court’s ability to modify a parenting plan is limited, but its ability to clarify an existing plan is broader. Washington child custody attorneys know that whether an order changing a parenting plan is considered a modification or a clarification may be the…
Some evidence, though relevant, may be unfairly prejudicial. A court must balance the probative value of evidence against the risk of unfair prejudice. If the risk of unfair prejudice substantially outweighs its probative value, the evidence must be excluded. Washington domestic violence attorneys know that some facts about an alleged…
A person has a fundamental right to parent his or her own natural children. When a court places a sentencing condition on a person that limits those fundamental rights, it must consider whether there are reasonable alternatives that will further the state’s interest. If there are no reasonable alternatives, the…
Injuries can result from even minor automobile accidents. Washington car accident attorneys know that defendants are likely to challenge causation in such cases, and they may even challenge whether a collision even occurred. Documentation of the accident and the injury is extremely important, as a recent Washington appeal case shows.…
Property acquired during a marriage is presumed to be community property, but Washington property division attorneys know there are exceptions to that rule. Property that one spouse inherits or receives as a gift is presumed to be that spouse’s separate property. A Washington appeals court recently considered whether inherited property…
Washington criminal defense attorneys know that the validity of a traffic stop can have a significant effect on a resulting criminal case. A finding that the traffic stop was improper can result in the exclusion of evidence found during the stop. One defendant sought to have evidence suppressed due to…
Criminal charges can have lasting negative effects. In many cases involving a juvenile defendant, those effects can be prevented through sealing the record. Washington criminal defense attorneys know that sealing the record prior to the juvenile’s 18th birthday may help prevent negative effects as the young person applies to colleges,…