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October 2014 Archives

Cyber-Stalking as Domestic Violence in Washington State

What is Cyberstalking? An example of cyber-stalking would be if a husband during a divorce used spyware to access his wife's home computer by using the "key stroke retrieval" or "screen shot" functions. "Domestic violence" is defined by RCW 26.50.010 (1) (c) to include "stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member." "Family or household members" include "spouses...former spouses [and] adult persons...who have resided together in the past...and persons who have a biological or legal parent-child relationship." RCW 26.50.010.

Overview of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Overview of the UCCJEA: All states have enacted the basic form of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The purpose of this statute is to resolve questions of which state has jurisdiction in child custody cases. The National Conference of Commissioners on Uniform State Laws has stated: "There is growing public concern over the fact that thousands of children are shifted from state to state and from one family to another every year while their parents or other persons battle over their custody in the courts of several states...A young child may have been moved to another state repeatedly before the case goes to court. When a decree has been rendered awarding custody to one of the parties, this is by no means the end of the child's migrations. It is well known that those who lose a court battle over custody are often unwilling to accept the judgment of the court. They will remove the child in an unguarded moment or fail to return him after a visit and will seek their luck in a distant state where they hope to find - and often do find - a more sympathetic ear for their plea for custody."

Spousal Maintenance in Washington State

Spousal Maintenance: Financial recources

The court should consider "the financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party." RCW 26.09.090(1)(a). "In considering a party's future earnings capacity, a trial court may consider the health, age, vocational training and work history of the party." In re Marriage of Rockwell, 141 Wn. App. 235, 248, 170 P.3d 572 (2007).

Domestic Violence Overview in Washington State

The Domestic Violence Protection Act

The Washington State Domestic Violence Protection Act (RCW 26.50) defines "domestic violence" 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."