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Author Topic: Gotta watch them RO's in WA  (Read 1749 times)

4honor

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Gotta watch them RO's in WA
« on: Dec 01, 2005, 11:51:30 AM »
WA state Supreme Court holds that you can be jailed on a the vioplation of a RO whether it is a vaild order or not:

"The elements of a crime are those facts 'that the prosecution must
prove to sustain a conviction.'  Black's Law Dictionary 559 (8th ed. 2004).

It is proper to first look to the statute to determine the elements of a
crime.  Cf. State v. Emmanuel, 42 Wn.2d 799, 820, 259 P.2d 845 (1953).
The statute says in relevant part that '(w)henever an order is granted . .
. and the . . . person to be restrained knows of the order, a violation . .
. . is a class C felony if the offender has at least two previous
convictions.'  RCW 26.50.110(1), (5).  

Nothing in the statute requires the State to prove the validity of a Washington no-contact order. "



taken from an unpublished opinion:
 

   Supreme Court of the State of Washington

                            Opinion Information Sheet

Docket Number:       76156-6
Title of Case:       State of Washington, Respondent V Clay Jason
                     Miller, Petitioner.
 
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.


 

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