Legal Blog

17
Dec

Parenting Plan Limitations Under Washington Law RCW 26.09.191 Part II

This article is part two involving limitations of a parent’s time with their child as stated under RCW 26.09.191.  We continue the article by discussing the rebuttable presumption for parents or the person(s) they live with that have been convicted of certain sex offenses.  As this is a very technical part of the law, the statute is essentially given to

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4
Dec

Parenting Plan Limitations Under Washington Law RCW 26.09.191

As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked in the course of my work how to limit the parenting plans for the other parent.  Washington law proscribes situations where the parenting time with a child can be limited by the court for a parent.  To be clear, these are very limited and specific circumstances

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21
Nov

Domestic Violence’s Impact on Spending Time with Your Children

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

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31
Oct

Self-Defense Reimbursement Under Washington Law

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

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23
Oct

Self-Defense for Assault 4 and Assault 4 Domestic Violence

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

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26
Sep

Motion to Dismiss Prosecutorial Mismanagement

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

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19
Sep

Prior Inconsistent Statements – Criminal Defense

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

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5
Sep

Motion for Revision Family Law – Lyle v. Lyle

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

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28
Aug

Motion for Revision Family Law: Considerations

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

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22
Aug

Motion for Revision Family Law: Changing a Court Commissioner’s Ruling

​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

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