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In Re The Parentage of L.H. and C.H.

October 1, 2016

In another case to enforce provisions of domestic violence protection laws, NJP joined Legal Voice in a motion seeking publication of a Court Appeals (Div. II) decision “that the trial court abused its discretion when it declined to enter a finding… [of] a domestic violence history because it wanted to protect” the perpetrator from collateral consequences. Legal Voice’s David Ward was the attorney in In Re The Parentage of L.H. and C.H., where the court found domestic violence and noted a past incident, but refused to make a finding of a history of domestic violence under RCW 26.09.191, “because it would ’hate to have this record follow him around like some ghost’ and that such findings would ’haunt him…’ [which the judge did not think] necessary.”  In the (unpublished) decision, the Court of Appeals found the trial court’s reasoning untenable and an incorrect standard that “abused its discretion.”