By Karen Lindholdt on November 19, 2011
Washington courts have jurisdiction to make an initial child custody determination based upon the following considerations:
(1) Washington is the home state of the child on the date of commencement of the proceeding;
(2) A court of another state does not have jurisdiction;
and:
(a) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Washington other than mere physical presence; and
(b) Substantial evidence is available in Washington concerning the child’s care, protection, training, and personal relationships.
See RCW 26.27.201; In re Marriage of Koneru and Yalamanchili, 159 Wash. App. 1040 (Div. I, 2011).
Posted in Family Law | Tagged child custody, interstate child custody, WA child custody, WA child custody laws
By Karen Lindholdt on May 31, 2011
In the State of Washington, a domestic violence criminal offense which is found to be a part of a pattern of ongoing physical, psychological or sexual abuse may form a basis for an exceptional sentence above the standard range. See RCW 9.94A.535(3). The State must prove that multiple incidents of abuse have occurred over a long period of time and that the charged crime(s) qualify as “domestic violence.” The defendant is entitled to have a jury reach a verdict on this specific factor.
The cases construing “prolonged period of time” requirements have not set a specific length of time, but at a minimum, a “long period of time” means more than two weeks. See State v. Barnett, 104 Wn.Spp. 191, 203 (2001). In State v. Atkinson, 113 Wn. App. 661 (2002), the Washington Court of Appeals, Div. III, concluded that three incidents of abuse over a period of seven to ten months constituted a pattern of abuse over a long period. In State v. Schmeck, 98 Wn.App. 647 (1999), the Court of Appeals concluded that threats over a three year period justified an exceptional sentence based on a “pattern of ongoing abuse over a prolonged period of time.”
Posted in Criminal Defense | Tagged criminal defense, domestic violence
