Domestic Violence

Washington Court Considers Admissibility of Prior Acts of Domestic Violence in Criminal Jury Trial

November 24, 2015 | by Blair & Kim, PLLC

The Court of Appeals of Washington recently reviewed a jury verdict that found a defendant guilty of second-degree assault against a member of his household. On appeal in State v. Moreno-Valentin (Wash. Ct. App. Sept. 29, 2015), the defendant argued that the trial court erred by admitting evidence of his prior acts of domestic violence and permitting the jury to consider that evidence for improper purposes. The appeals court agreed, reversing the conviction and remanding the case for a new trial.

Generally, evidence of other crimes, wrongs, or acts is not admissible to show that the defendant acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Before admitting such evidence, the trial court must find by a preponderance of the evidence that the acts occurred, identify the purpose for which the evidence is sought to be introduced, determine whether the evidence is relevant to prove an element of the crime charged, and weigh the probative value against the prejudicial effect. If a trial court admits the evidence, it must provide a limiting instruction to the jury explaining that the evidence is to be used only for the purpose identified, not to prove that the defendant acted in conformity.

Modifying or Terminating a Protection Order in your Family Law Case

March 16, 2015 | by Blair & Kim, PLLC

Protection orders may be granted in a number of circumstances. They can be agreed upon by the parties. They can also be ordered by the court after a hearing of the parties. In some cases the need for a protection order decreases, or the protection order unnecessarily impacts the restrained party from employment or other opportunities. If one or both parties believe that the protection order should be modified, they can seek that modification or termination by motion.

Termination or modification of an order of protection is governed by RCW 26.50.130. This statute provides the process for how to request that a court modify or terminate a protection order. What follows is a summary of that process. Continue reading

How Will My Criminal History Impact My Divorce?

October 22, 2014 | by Blair & Kim, PLLC

People from all walks of life have criminal records. Some people have had a DUI. Others have had convictions for assault or theft. When these people get divorced, many of them wonder how their criminal record will impact their dissolution proceedings. Unfortunately, for purposes of this blog post the answer has to be that it depends. There are many circumstances that can impact how much weight and consideration the court will give a previous violation of the law when deciding on family law issues. Here are a few ways that your criminal record may affect your family law proceedings. As with all legal issues on this blog, it is best to speak with an attorney that knows the details of your case about how your criminal record may impact your dissolution proceedings.

Parenting Plan: If you have children, it becomes much more likely that the court will consider more seriously your criminal record. If your spouse is claiming that you are an alcoholic, the court will take a keen interest in your past alcohol offenses. If your spouse claims you are violent, the court will look at offenses involving violence with special interest. It likely goes without saying that criminal convictions involving children will likely be given the most attention.
Restraining Orders: If your spouse is requesting a restraining order, and you have a criminal history that includes assault or other domestic violence crimes, it is likely the court will take these into consideration when deciding whether or not to grant a restraining order to your spouse.

Domestic Violence and Technology

September 16, 2014 | by Blair & Kim, PLLC