Restraining Orders

A Restraining Order may be entered on an emergency basis (14 days), temporary basis (until the final hearing or trial), or permanent basis. Restraining Orders are an available remedy if you have filed a family law action such as a divorce, paternity, legal separation, nonparental custody, or parenting plan case. Unlike a Domestic Violence Protection Order, the court is not required to make a finding of domestic violence in order to order a Restraining Order. However, the party requesting the Restraining Order must be able to show that the order is necessary.

Similar to a Domestic Violence Protection Order, a restraining order is enforced by reporting a violation of the order to the police. A restraining order may order the other party to stay away from you or the children, order the respondent not to take the children outside of the court's jurisdiction, or even surrender deadly weapons to the local police department.

If you feel you are in immediate danger due to domestic violence, you should call the police. As soon as possible, it is best to also contact the Domestic Violence Hotline (1-800-562-6025) to obtain information on additional services. If you feel you need a Restraining Order, consult with an experienced family law attorney.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Intersections Between Family Law and Immigration Law

A new decision out of the Washington State Court of Appeals, Division II was issued yesterday. The question presented to the court was whether the court is obligated to award maintenance (spousal support) in an amount and duration equal to the independent support obligation under federal immigration law.

In In re Marriage of Kahn, the wife had entered the United States on a K1 (fiancee) visa. After their marriage, the husband sponsored the wife's application for permanent residency. Part of the application process required the husband, as the sponsor, to sign an affidavit of support (Form I-864) under section 213A of the Immigration and Nationality Act. The affidavit of support binds the husband to provide the financial support necessary to maintain the wife at an income level at least 125 percent above the federal poverty line and the obligation continues indefinitely with few exceptions for termination. The parties separated after nearly two years of marriage.

Division II held that a maintenance order need not include enforcement of a person's I-864 obligation for three reasons. First, the court considered that there is no conflict between federal law regarding I-864 obligations and Washington dissolution law because they are independent of each other. Second, RCW 26.09.090 governs the award of maintenance in Washington and a trial court cannot rely solely on a non-statutory factor in making a maintenance determination without also fairly considering the statutory factors. Finally, the beneficiary of an I-864 obligation, the wife in this case, will not be left without remedy if that obligation is not included in a maintenance award.

The link to the court's opinion can be found here:

http://www.courts.wa.gov/opinions/pdf/D2%2044814-9-II%20Published%20Opinion.pdf

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Domestic Violence Protection Orders in Washington State

 In Washington, we have several types of orders that restrain and restrict contact between parties. Over the next few blog posts, I plan to discuss the differences between a Domestic Violence Protection Order, Anti-Harassment Protection Order, Restraining Order, Sexual Assault Protection Order, and Criminal No Contact Order.

What is a Domestic Violence Protection Order?

A Domestic Violence Protection Order, or DVPO, is meant to help you get protection from your abuser (the Respondent). It is an order you can get from the court that tells the Respondent that they cannot contact you. Although this is a civil protection order from the court, if your abuser violates the order, they may be arrested or criminally charged with violation of the order.

What is "Domestic Violence"?

The legal definition of Domestic Violence under RCW 26.50 likely differs from other definitions you may have read online or in other materials. For purposes of obtaining a protection order, Domestic Violence is defined as:

(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
(b) Sexual assault of one family or household member by another; or
(c) Stalking of one family or household member by another family or household member.

What counts as "Domestic Violence"?

• If you have been hit, assaulted, sexually assaulted, or physically hurt.
• If you are in fear of an imminent threat of harm by the Respondent.
• If you have received threats that inflict fear of imminent harm.
• Controlling behavior may indicate domestic violence, but it must be such that it meets the definition described above.

What if I am in a relationship or household where I am a victim of Domestic Violence?

• If you are in immediate danger, call 911.
• If you are not in immediate danger but need help finding resources, call the 24-hour Domestic Violence Hotline at 1-800-562-6025 when it is safe for you to do so.
• If you seek a protection order, go to your nearest courthouse and the Clerk will help you find the domestic violence advocates or discuss your case with an experienced attorney who can represent you.
• It is important to contact an attorney especially if your case involves children. Often a DVPO is consolidated with a family law case.
• Be sure to make a safety plan in case of an emergency. Contact Domestic Abuse Women's Network (DAWN) at (425) 656-7867 when it is safe for you to do so.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Child Abuse and Parenting Plans

I recently came across this sad story from NPR regarding child abuse and mistreatment.

http://www.npr.org/blogs/health/2014/06/02/318227196/odds-of-abuse-and-mistreatment-add-up-over-childrens-lives

I would venture to say that a lot of child abuse goes unreported. Within the family law realm, child abuse and neglect is relevant in the context of developing a parenting plan. The court may impose restrictions on a party’s residential time and decision making authority for certain conduct, including  “physical, sexual, or a pattern of emotional abuse of a child” or “a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or fear of such harm.”

In cases where child abuse, neglect, and/or domestic violence are alleged, it is best to have a guardian ad litem appointed to make recommendations to the court regarding an appropriate parenting plan. The guardian ad litem must make recommendations based on the best interests of the child, and the recommendations are made after an investigation. During the investigation, the guardian ad litem will interview parties and collateral contacts, review documents such as Child Protective Services Reports and Police Reports, visit with the children, interview teachers, principals, and counselors. Based on their investigation, the guardian ad litem will make their recommendations to the court. The judge may adopt some, all, or none of the guardian ad litem’s recommendations depending on the comprehensiveness of the investigation and credibility of the guardian ad litem as a witness.

If you and your family are currently in a domestic violence and abuse situation, call 911 if there is an emergency. If you need help finding resources and domestic violence programs and services, call the Washington State Domestic Violence Hotline 800-562-6025 (8AM – 5PM) or the National Domestic Violence Hotline 800-799-7233 (open 24 hours).

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

DIY Divorce?

I always advise potential clients that it is not a good idea to handle your own divorce. Why not? As one family law commissioner put it, “It’s like doing your own dental work. Do you know how to do your own dental work? These attorneys have gone to school for years and are trained professionals!” Without the assistance of an attorney, there are many problems that we see after the dissolution is finalized and with some issues, they cannot be fixed without an agreement of the other party. Most of the issues we see are due to the final orders being too general. 

Some common missteps from DIY Divorces I have seen in the past:

• Not having an understanding of the phrase "fair and equitable division of assets and liabilities," or "community property," or "separate property";
• Failure to properly divide assets such as retirement accounts that necessitate a Qualified Domestic Relations Order; 
• Not specifying how to remove one party from the mortgage on the family home and when it will happen;
• Failure to secure transfer of marital lien;
• Failure to spot tax implications;
• Failure to specify the duration of spousal maintenance payments; 
• Failure to properly specify details in the parenting plan. 

If your divorce is truly not contested or not complicated, it should not be too expensive for an attorney to handle your case. It may save you a lot of grief and money in the long run!

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Arbitration and Mediation? We have you covered!

When Should I Settle? When Should I Go To Trial?

Settlement

Most cases can be resolved outside of court. There is a lot to be said for the settlement process. I will advise my clients to settle with a reasonable settlement offer when cost is an issue. A case that is litigated through trial will likely cost $15,000 or more per party. This is money that the parties could use in their pocket or they may not have.

Another benefit to out of court settlement is that you maintain some control in the outcome and pace of the case. It is always risky having a judge make the decisions regarding your case. Even after the evidence is presented at trial, the judge will have their own concerns and biases. Parties who settle a case can have some control of the outcome. They have a say in the resolution of the case and are not leaving it in the hands of a stranger to decide. Although there is clearly some compromise, most parties will walk away from a successful mediation or settlement feeling good about their decision.

Finally, many parties see the benefit in the flexibility and creativity that settlement allows. Settlement allows for more creativity in the outcome as well. The parties know what is most important to them, and can draft the settlement documents in ways that a judge would probably never consider because they don’t have the time and resources to devise the orders in that way. In a settlement, you can consider and propose many different options.

Trial

Some cases do need to go to trial. For example, when a party attempts bullying tactics or when there is a power imbalance that is residual from the relationship, often it is necessary to go to trial because settlement talks will often lead to nowhere. In addition, an opposing party who is uncommunicative make it impossible to even discuss negotiations, and so trial is most certainly necessary.

There are situations when you are faced with an opposing attorney who is combative. They may have their reasons for being overly aggressive—perhaps that is their personality, it may be the personality that their client wants to represent them, or it may be that they are after higher billable hours. Either way, it will be very difficult to negotiate with this type of attorney, and going to trial may be the best way to allow yourself an opportunity to be heard.

Finally, it is sometimes best to continue litigating when you stand to gain more in court than what is being offered. This is generally a cost-benefit analysis given that going to trial can cost at least $15,000 per party. However, the risk is sometimes worth it if you believe the law is in your favor.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.