With three staff attorneys and a network of volunteer attorneys throughout the region, we provide free legal advice and representation to the most vulnerable community members, specifically those living in poverty. We serve all low-income individuals, regardless of citizenship. Access to attorneys changes lives and gives hope to those facing intimidating legal problems.
Central Washington Legal Aid is a nonprofit organization that serves the most vulnerable members of our community by providing expedited and intensive legal advocacy and problem-solving strategies. We strive to change the culture of the legal field by prioritizing and understanding the populations we serve.
Led by great attorneys who really care about the community, a good resource for those in need, and a great place to volunteer your time. Everyone is very kind and supportive.
— Community Member
Yakima County Volunteer Attorney Services is heading in the right direction. They have hired a stellar, experienced, and honest attorney as executive director.
— Community Member
After you have filed for divorce or parenting plans, there are follow up steps needed to get a final order on your case. You will not have what you are asking for (divorce or parenting plan) unless you have a final order that is presented to the judge for a signature. The judge will not have this paperwork for you. But CWLA can help.
You will be ready to take final orders to the judge for their signature if:
- You and the other party are in agreement, OR
- You have served the other party the paperwork and they have never responded.
If this case is a divorce case, you can present final paperwork to the judge 91 days after you have filed the case if:
- You have served the other party and they have not responded, OR
- The other party has agreed to the divorce and signed the initial paperwork that you filed at the beginning of your case.
- Or they have signed and filed a joinder form.
If this is a request for a parenting plan and you aren’t married, you can present final paperwork to the judge:
- 21 days after you have served the other party and they have not responded, OR
- At any time if the other party has agreed to your paperwork and signed the initial paperwork that you filed at the beginning of your case, or a joinder form.
If you are ready to prepare final paperwork, and you need help, please attend the Courthouse Clinic with lawyers from Central WA Legal Aid on the 2nd or 4th Friday of every month between 9:00 A.M. and 11:00 A.M. in the basement of the courthouse. No appointment is needed, but you should bring your case number and any paperwork you have regarding your case. CWLA helps families who make 200% or less of the poverty guidelines.
If minor children are involved, you MUST file child support worksheets OR contact Division of Child Support to set up child support before your case can be finalized.
If your case is not agreed and the other party will not sign, before your case can be finalized, you must serve the other party. You can’t serve by mail unless you get permission to do so ahead of time from a Judge in court. There are extra forms to complete to be able to ask for this permission.
Join us for a wonderful evening at the beautiful Masonic Temple for heavy appetizers, drinks, and a chance to support justice in our community. This event is cocktail attire and is held on September 6, 2024.
Domestic violence is a pervasive issue that significantly impacts family dynamics, particularly during divorces and the establishment of parenting plans. In Washington State, like in many jurisdictions, the presence of domestic violence can complicate legal proceedings and profoundly influence decisions regarding child custody, visitation rights, and overall family safety.
Legal Framework
Washington State law recognizes the detrimental effects of domestic violence on families and has specific provisions to address these issues within the context of divorce and parenting plans. The Revised Code of Washington (RCW) emphasizes the importance of ensuring the safety and well-being of children and parents who are victims of domestic violence. Under RCW 26.09.191(2)(a)(iii) a parent's residential time with the child shall be limited if it is found that the parent has engaged in a history of acts of domestic violence as defined in RCW 7.105.010. RCW 7.105.010(9) defines domestic violence as: Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner or one family or household member by another family or household member.
Impact on Parenting Plans
When domestic violence is a factor, the court's primary concern is the safety of the children and the victimized parent. In cases where domestic violence has occurred or is suspected, the court may order protections such as:
Restraining Orders and Protection Orders: Issuing restraining and/or protection orders to prevent the abuser from contacting or coming near the victim and the children. Generally, Protection Orders are more protective than Restraining Orders.
Supervised Visitation: Mandating that visitation with the children be supervised by a professional or a non-professional supervisor to ensure the safety of the children during their visits with the other parent.
Limiting Parenting Time: Restricting or limiting the abuser's parenting time if it's deemed unsafe for the children or the other parent.
Parenting Plan Modifications: Modifying existing parenting plans to accommodate safety concerns, possibly including changes to visitation schedules or locations.
Court Considerations
During divorce proceedings or when establishing parenting plans, the court considers evidence of domestic violence seriously. This includes police reports, medical records, witness statements, and testimony from experts, such as therapists or Guardian Ad Litems/Court Visitors, who can be used to investigate issues important to deciding the Parenting Plan. Courts generally assess the nature, frequency, and severity of the abuse, as well as any history of protective orders or criminal convictions related to domestic violence.
Protecting Victims
Washington State law aims to protect victims of domestic violence by offering legal remedies that prioritize safety. This includes provisions for emergency protection orders and legal assistance to help victims navigate the complexities of divorce and parenting plan proceedings.
Challenges and Considerations
Despite legal protections, navigating the legal system as a victim of domestic violence can be challenging. Victims may face difficulties in presenting evidence, fear retaliation from the abuser, or struggle with financial constraints that limit their access to legal representation.
Conclusion
In Washington State, as in many places, the impact of domestic violence on parenting plans and divorces is profound. The legal system strives to protect victims and their children while ensuring fair and just outcomes in divorce and parenting plan cases. By prioritizing safety and considering the unique circumstances of each case, courts play a crucial role in mitigating the effects of domestic violence on families. Ultimately, the goal is to create parenting arrangements that promote the well-being of children and provide a safe environment for all family members involved.
If you have legal questions, you will be asked to contact CLEAR!
Funding is provided in part from the Washington State Office of Civil Legal Aid and the Legal Foundation of Washington.
