A judgment or judgment lien for accrued child support in Washington remains in force for 10 years after the youngest child named in the order turns 18, pursuant to RCW 4.56.210. The statute therefore generally makes a child support judgment unenforceable after the youngest child turns 28. Washington courts have…
Domestic violence violation of a protection order is generally a gross misdemeanor under Washington law, but it can be a class C felony if a violation of the order is also an assault or if the defendant has at least two prior convictions for violating a protection order. RCW 26.50.110. …
Under Washington law, “unlawful harassment” is “a knowing and willful course of conduct” directed toward a particular person that “seriously alarms, annoys, harasses, or is detrimental” to that person. To be unlawful harassment, the conduct cannot serve a legitimate or lawful purpose. Furthermore, the course of conduct must be the…
Washington encourages landowners to open their property up to recreational use by the public by providing immunity to the landowners. The statute provides that a landowner who does not charge any kind of fee to the public is not liable for “unintentional injuries” to members of the public using the…
Drug possession cases hinge on evidence of the drugs themselves. Under the exclusionary rule, if drug evidence resulted from an unlawful search or seizure, it must be excluded. It is therefore common in drug cases for the defendant to move for the evidence to be suppressed on the ground it…
In any divorce, it is important for the parties to identify all of the assets they want to be considered and divided. While all of the property is before the court for distribution in a divorce, the court can only distribute those assets of which it is aware. If the…
In cases involving driving under the influence, the state often relies on test results to show that the defendant was intoxicated. However, the prosecutor may also point to the defendant’s behavior as evidence of intoxication. A Washington appeals court recently considered whether a prosecutor committed misconduct when she referenced negative…
Often, a person charged with driving while under the influence will face additional, related charges. Attempting to elude police is one such charge. Sometimes, a person may feel they are justified in not stopping for the police officer, but a necessity defense is very difficult to prove in this type…
Often, the family home is one of the more difficult assets to address in a divorce. Even if both parties agree to sell the home, the process can still be difficult. In a recent unpublished case, a Washington appeals court determined whether the sale of a home was “imminent,” as…
Courts should remain impartial regarding religious beliefs and sexual orientation when considering custody arrangements and parenting plans. When a court relies on and adopts the opinions and recommendations of witnesses who express biases based on these issues, the entire parenting plan may be called into question. Such was the situation…