In some circumstances, Washington family law may recognize a person as a de facto parent, or a person who is not a child’s biological or adoptive parent, but who has the rights and responsibilities of a legal parent. A person seeking to be declared a de facto parent must prove…
RCW 9.94A.753(5) requires a court to order restitution when a defendant is convicted of a Washington criminal offense that results in injury or damage to or loss of property, unless there are “extraordinary circumstances.” The state must prove the damages by a preponderance of the evidence. Restitution cannot include intangible…
Washington family law recognizes a rebuttable presumption that relocation of a child under a parenting plan will be permitted. That presumption does not apply, however, if the parents have “substantially equal residential time.” “Substantially equal time” generally means the child spends at least 45% of their residential time with each…
Much of the Title IX litigation brought by students accused of sexual misconduct occurs at the post-secondary level, but a male student recently sued his former high school after being expelled. The plaintiff was a student at an all-boys private high school in Nebraska. According to the Eighth Circuit’s opinion,…
When a parent seeks a Washington domestic violence protection order (“DVPO”), they may want to include their minor children as protected parties. If the protection order is against the other parent, it can affect that parent’s visitation and custody. In a recent case, a mother appealed a DVPO that did…
Under RCW 46.20.285, a Washington driver license must be revoked upon conviction of certain offenses. The statute requires the Department of Licensing to revoke the driver license when conviction of one of the listed offenses becomes final. A defendant recently challenged his judgment and sentence, arguing the court had applied…
A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation. According to the complaint, the plaintiff enrolled in the university through a program for intellectually and developmentally disabled students (“Program”). The…
To succeed in an entrapment defense, a Washington criminal defendant must show that the “criminal design” originated with law enforcement or someone acting under law enforcement’s direction and the defendant was induced to commit a crime he otherwise did not intend to commit. It is not sufficient for the defendant…
Washington postsecondary educational support may be ordered when a child is dependent and relies upon the parents for reasonable necessities. The court has discretion in ordering postsecondary educational support. RCW 26.19.090 provides a non-exclusive list of factors to be considered. A mother recently challenged a court’s denial of her motion…
Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result. A teenager recently challenged a guilty adjudication for fourth degree assault arising from an altercation with his younger sister. According to the appeals court’s opinion, which relied primarily on the juvenile court’s unchallenged…