In family law, we see a wide variety of cases; family law cases can vary as much as the families involved in the cases do. That said, there are some similar issues and questions that come up in our cases. This is a FAQ list for Washington State family law cases. Continue reading
Many people that come into our office hoping to “legally separate” from their spouse are unsure what being legally separated actually means. In many cases, when we explain what a legal separation is, people decide that a legal separation is not what they are looking for. In many cases, they opt instead to file for dissolution of marriage and file temporary orders during the pendency of the proceedings. This article attempts to provide some basic information on the legal separation process, and why some people choose it over divorce.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in the area who were involved in an accident with over 6,000 control drivers who were not in an accident.
Most divorces include the division of property. In some cases, especially those with limited assets, this can be a very simple, straightforward process. However, in cases involving complex assets, especially those of high-value, the process can be much more complicated. In these more complicated cases, it may be necessary to hire experts and obtain formal appraisals. Continue reading
In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment. On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on a residential street. Continue reading
So what is the right to a speedy trial? The Sixth Amendment to the United States Constitution, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” The Clause is important because it protects the defendant from delay between the time when they are charged and the beginning of trial. But do you have a right to a speedy trial? Did you waive it? How can you know? And what happens if you are in prison and have other charges pending?
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
In many family law cases, the parties choose to use a dispute resolution method other than going to court. In some family law cases, parties are actually required to participate in the alternative dispute resolution process before they will be permitted access to the courts. No matter what the reason for participating in this process, there are many benefits to using the alternative dispute resolution process in family law cases.
By way of definition, alternative dispute resolution includes informal negotiations between the parties all the way to days of arbitrating before a professional arbitrator with both parties represented by counsel. Court orders sometimes require some level of alternative dispute resolution as a way of minimizing costs and resolving disputes without the use of the court system. Continue reading
The Walk and Turn, Heel toe test one of the most common SFST’s administered in Washington State. A person will first listen to instructions, then walk in a straight line to show divided attention between mental tasks and physical tasks. The mental tasks include comprehension of verbal instructions, processing of information, and recall of memory. The physical tasks include balance and coordination while standing still, walking, and turning. The test is administered in two stages, the instruction phase and the walking phase. Both are required.
During the instruction phase, the officer will instruct the individual not to start walking until told to do so and to stand erect with their right foot in front of their left.
Horizontal Nystagmus is one of three common field sobriety tests currently administered by law enforcement officers across Washington State. Nystagmus is an involuntary rapid movement of the eyeball, which may he horizontal, vertical, or rotatory. An inability of the eyes to maintain visual fixation as they are turned from side to side (in other words, jerking or bouncing) is known as horizontal gaze nystagmus, or HGN. Some investigators believe alcohol intoxication increases the frequency and amplitude of HGN and causes HGN to occur at a smaller angle of deviation from the forward direction.
In administering the horizontal gaze nystagmus test, an officer will look for the three following clues in each eye: (1) lack of smooth pursuit, (2) distinct nystagmus at maximum deviation, and (3) onset of nystagmus prior to 45 degrees. Continue reading
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