As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked about how someone with a domestic violence history may be treated by the court when in a custody battle, i.e. trying to establish a parenting plan. Well under RCW 26.09.191 proven domestic violence can greatly impact a parent’s time with their child or children in a number of situations. This article will focus on situations involving domestic violence and how it can limit a parenting plan:
In my capacity as a criminal defense/assault attorney in Vancouver, WA, in a recent article I wrote, I detailed the use of self-defense in Assault in the Fourth Degree and Assault in the Fourth Degree Domestic Violence cases, using a recent jury trial I had won to illustrate the criminal defense aspect of self-defense in Washington. If you are successful in a self-defense claim in your criminal case, then under Washington law you are also allowed to have the jury determine if you can have your attorney fees and other moneys recouped as a result of being successful based upon self-defense.
I recently won a jury trial for Assault in the 4th Degree Domestic Violence based upon a theory of self-defense. The specific situation involved one spouse who reasonably believed that he was about to be injured based upon the actions and statements of the other spouse. While the other spouse did not actually injure my client, the circumstances presented a situation where it was reasonable to conclude that the client may be injured, as there was yelling, name calling, threats to harm others, the other spouse appeared to be under the influence, and the other spouse ultimately approached the defending spouse in a manner that appeared confrontational and aggressive.
Code CrR 8.3(b) or CrRLJ 8.3(b) holds the Government Accountable for Their Late Actions
As a criminal defense attorney in Vancouver, Clark County, WA that handles a wide-variety of criminal defense cases ranging from: Attempted Murder, Vehicular Homicide, Felon Strike Offenses, DUI, Domestic Violence Offenses, Sexual Assaults, Drug Offenses, Theft and other criminal defense matters. In my experience, I have seen the State prosecution do things in the late stages of moving a case to trial that puts the defense in the position of having to choose to be adequately prepared or keeping their current trial date. For some people, this can be an agonizing decision, especially if a case has been pending for quite a while.
How Prior Inconsistent Statements Can Torpedo The Prosecution's Case
As a criminal defense attorney in Vancouver, WA, who defends people accused of crimes, the evaluation and ability to discredit the evidence of the prosecution is a critically important skill that is vital to my ability to successfully defend those accused of crimes. I do not care if you have a DUI case, A Domestic Violence (DV) case, a drug case, an assault case, the quality and believability of the government’s evidence is vital to whether or not there if you have a DUI case, A Domestic Violence (DV) case, a drug case, an assault case, the quality and believability of the government’s evidence is vital to whether or not the can prove a case beyond a reasonable doubt.
Motion for Revisions Family Law - Part 3 of a 3 part series
In the case of Lyle v. Lyle, Division Three of the Washington State Court of Appeals dealt with the case of a Commissioner’s order that was revised by a Superior Court Judge. Specifically, the court reaffirmed that Superior court judges are authorized to review court commissioner decisions through a motion for revision. Although new evidence may not be considered, a judge acting on a motion for revision otherwise has plenary authority over the matter and may issue any findings or decisions that could have been entered by the commissioner.
Motion for Revisions Family Law - Part 2 of a 3 part series
It is important to know that for family law cases, the filing of a motion for revision does not stay (place on hold) the Commissioner’s order, and the order shall remain in force (effect) unless a separate motion is made to the court and an order staying the Commissioner’s order is granted by the assigned Judge or the Commissioner who signed the order. Thus, even if you don’t like the order and think it is wrong in law or fact, YOU MUST still obey it until it is stayed or the judge grants your motion for revision. If you don’t obey it you could face contempt of court sanctions, which could include fines, fees and costs and could even result in jail time in the more egregious situations.
Motion for Revisions Family Law - Part 1 of a 3 part series
In Clark County, Washington and in many other counties throughout Washington, Superior Court Commissioners handle family law matters routinely. Superior Court Commissioners are not elected judges part are judicial officers hired by the court to decide legal matters as authorized under Washington law. Washington law makes clear that Court commissioners play an important role in the Washington State court system. The commissioners help alleviate the large caseloads facing superior court judges and facilitate the efficient administration of justice. State v. Smith, 117 Wn.2d 263, 280, 814 P .2d 652 (1991).
What is "The Local Rule" Regarding Parenting Plans in Clark County Washington?
As a Divorce Lawyer, I know divorces can be one of the most emotionally draining events in a person’s life. The court ultimately has the authority to make decisions that can affect everyone involved for the rest of their lives potentially. And of all the things the court can decide in a divorce, one of the most important and contentious is a Parenting Plan, i.e. the document that evidences the court’s decision regarding the allocation of parenting time between the parties. While every case is unique, litigants still must bear in mind what is known as the Local Rule” in regard to parenting time.
The State of Washington continues to harshen consequences for drinking drivers in the state by changing the law and now making a fourth driving under the influence offense a felony in Washington state if it has occurred within the last 10 years. Prior to the change, Washington law required four misdemeanor DUI convictions over a 10-year period before the fifth offense was felony eligible. If convicted of Felony DUI, the offender would be facing a prison sentence range, even for a first offense. SB 5037-2017-18
Nicholas "Nick" Wood - Law Office of Nicholas Wood, P.S.
Nick Wood received his J.D. in 1999 from Lewis and Clark's Northwestern School of Law in Portland, Oregon. The Law Office of Nicholas Wood, P.S. has represented clients for various criminal defense matters since 2006.