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Articles Posted in Civil Protection Order

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 on the relationship between the parties, as seen in a recent case.

A woman petitioned for a domestic violence protection order against a man to whom she referred as her “uncle.”  The man was seeking repayment of money he had lent the woman, and she alleged he made threats against her and her children.

The man’s attorney challenged whether a domestic violence order was applicable because the parties had never lived together and were not closely related.  The woman had to explain her relationship to the man through an interpreter.  She told the court her father had told her the man was the son of her grandmother’s first cousin.  The court asked her if there was a blood relationship, and she responded, “possibly, yes.”

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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 victim could be prejudicial to their client.

A Washington appeals court recently considered whether the trial court erred in allowing limited evidence of the alleged victim’s pregnancy when the defendant appealed his conviction of a misdemeanor violation of a court order with a special finding of domestic violence.

There was a domestic violence no-contact order prohibiting the defendant from contacting or coming within 500 feet of the mother of his child.  The woman was pregnant at the time with another child that was believed to be the defendant’s.

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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 court must narrowly tailor the condition.  Washington domestic violence attorneys handling these cases must understand the family law implications of any sentencing conditions imposed by the court. This issue recently arose in a case before the Washington Court of Appeals.

The couple had three children together.  In 2015, there were no-contact orders in place keeping the husband from contacting the wife of the six-year-old daughter.  Sheriff’s deputies believed the husband was at the wife’s residence.  They did not receive a response when they first knocked on the door, but the wife ultimately answered and let them in.

One of the deputies found a locked door and heard noises from inside the room.  He forced the door open and found men’s clothing and shoes.  The window was open, but the deputies had observed it to be closed when they walked around the house before entering.

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Domestic violence protection orders are designed to protect people from violence and abuse.  Although the process is intended to be as simple and easy as it can be, Washington civil protection order attorneys understand that it can be difficult for everyone involved, especially children.  It can be hard for children to talk about what has happened. The Washington Supreme Court has recently clarified that there is not a due process right to cross-examine a minor in every protection order proceeding, but there may be such a right in some cases.

In this case, the 14-year-old daughter had taken an overdose of prescription medication in November 2014, partly to avoid visiting her father.  She told a social worker her father had been physically and verbally abusive.   She had told her counselor her father often called her names.  She stated that her father had “trie[d] to suffocate her.”  She said he had been doing this for years.  She said he put her under pillows and lay on them, which made her feel like she was suffocating and caused her to panic.

The mother sought a domestic violence protection order on behalf of herself and her children.  Her petition stated that her daughter harmed herself because of her fear of visiting her father and because of his history of domestic violence against them.

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Property disputes, property damage, or outright theft sometimes occur following a romantic breakup or a fight between romantic partners.  While it is understandable for a person to want to retrieve their property, trying to get the property back in violation of a no-contact order could result in criminal charges.  Washington civil protection order attorneys know that the theft or property damage may not provide a successful defense to those charges.

A Washington appeals court recently reviewed a case in which the defendant raised a defense of property defense surrounding the violation of a no-contact order.  A domestic violence no-contact order prevented the defendant from contacting a woman he had previously dated for several years.

According to the defendant, he was loading boxes from his son’s garage in his car.  He left his cell phone in the car, which had a broken window.  He saw someone walking down the street but could not tell who it was.  When he went back to his car, he found his cell phone and other items were gone.

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It is not uncommon for a civil protection order case to occur at the same time as a criminal case.  When the issues in the cases are similar or related, the defendant’s Fifth Amendment rights can be implicated.  Washington civil protection order attorneys understand that a defendant is not automatically entitled to a continuance in the civil protection order proceeding, however.  The court should balance the interests to determine whether the case should be continued, as done in a recent case.

The husband was charged with multiple counts of rape of a child, involving his wife’s daughter.  The wife reported that her husband had tried to get her to lie in the criminal case, and he was arrested for tampering with a witness.

The wife filed for a domestic violence protection order (DVPO), stating she was afraid her husband would retaliate.  The court issued a temporary protection order and notice of a hearing.  The husband requested a continuance of the hearing due to the pending criminal matter.

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The Washington Constitution protects people from unlawful searches and seizures.  Article 1, section 7 has been interpreted by Washington courts to prohibit police from requesting identification of a passenger unless there is an independent basis for the request.  An independent basis exists if the officer can identify specific and articulable facts that, when taken with rational inferences, justify the request.  Washington criminal defense attorneys know that an unlawful search or seizure can occur in any kind of case, including a violation of a protection order.

In a recent case, a Washington appeals court considered whether an officer had an independent basis to ask the identity of a passenger when the driver was protected by a no-contact order.  The defendant’s arrest arose from an incident in which an officer stopped a vehicle for expired registration and failure to transfer title.  A man got out of the vehicle before the officer approached.  The officer learned that the driver of the vehicle had several warrants.  He also learned she was the protected party in a domestic violence no-contact order.  The officer determined the description of the restrained party matched the passenger who had gotten out of the vehicle.  He found that the passenger was in the portable outdoor restroom of a nearby gas station.  The door to the restroom indicated it was unlocked and unoccupied.  He knocked and opened the door, finding the passenger inside.

The passenger gave the officer a name and date of birth that did not match the restrained party.  They then returned to the patrol vehicle, where the officer saw pictures of the man bearing the name given and the restrained party.  The officer determined that the passenger was the restrained party and arrested him for a violation of the no-contact order.

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Washington defendants are entitled to a unanimous jury verdict.  Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges.  If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the state must elect which act is the basis of the charge, or the jury must be instructed on unanimity.  If the multiple acts are all part of a continuing course of conduct, there is no requirement for an election or instruction.  Additionally, multiple acts may be presented as alternative means of committing the crime.  If there is sufficient evidence to support each means, express unanimity is not required.  A Washington appeals court recently addressed these issues in a case in which a man was charged with residential burglary after allegedly violating a no-contact order and assaulting his wife.

The defendant was charged with three counts of felony violation of a court order, along with two assault charges, residential burglary, and third-degree malicious mischief.  The charges stemmed from allegations that the defendant violated a no-contact order and assaulted his wife, sister, and mother. The defendant and his wife were separated, and she had obtained a no-contact order that prohibited him from coming within 1,000 feet of her or her home.  The defendant had several misdemeanor convictions for violating the order.

The defendant’s wife testified that he came to her home twice in April 2015, but he left when she called the police.  He came back in July 2015 and came in through the back door.  She testified that he was intoxicated and called her names.  She also testified that he kicked her, threw her on the couch, and struck her.  The defendant’s parents and sister lived with his wife.  The defendant started to leave when his sister told him she was calling the police.  She grabbed his shirt to stop him, and he bit her hand until she kicked him.  He pushed his mother to the ground and stepped on her chest as he left.

In Washington, a domestic violence protection order restraining a parent from contacting his or her children is generally limited to one year, RCW 26.50.060, but Washington civil protection order attorneys know that there are exceptions to this limitation.  One such exception is when the order is issued under Chapter 26.09, RCW, Dissolution Proceedings – Legal Separation.  This issue was before a Washington court of appeals in a recent case.

The wife was an American citizen who married an Egyptian citizen in Egypt.  The couple had a son together.   The wife stated her husband frequently abused her physically, verbally, and emotionally.  She stated he controlled what she wore and sometimes confined her and the child to the apartment.  She stated he hit her in front of the child.  The husband disputed the allegations but admitted to slapping her at least one time.

The husband became angry with his wife, took the child’s passport, and told his wife she had to leave Egypt within three days without her son.  The wife went to the U.S. Embassy and obtained an emergency passport for the son and assistance in leaving Egypt safely with her son.

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Washington civil protection order attorneys understand that domestic violence can be a complex issue that reaches beyond the couple. Children may become involved by witnessing the violence or by being threatened.  Washington law allows a person to petition for a protection order on behalf of himself or herself, or on behalf of minor family or household members.

A Washington Court of Appeals, however, recently held that a mother could not obtain a protection order on behalf of her child when the child was not “present” for the violence and did not have fear of imminent harm, bodily injury, or assault.  The Washington Supreme Court disagreed.

In this case, the mother petitioned for a domestic violence protection order against her son’s father on behalf of herself and her children following a history of domestic violence.  According to the Washington Supreme Court opinion, the man had repeatedly physically and emotionally assaulted his son’s mother.  He pushed her to the ground while she was pregnant, had tried to smother her with a pillow, pulled a knife on her, threatened to kidnap their son, and threatened to do something horrible to her daughters.  He also threatened to kill her, her children, and himself.

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