Virginia Monica Paula Onu's Answers

WA state criminal code, what is assault 4th degree domestic violence

Assault IV is a gross misdemeanor in the state of Washington, punishable by up to 1 year in jail and a $ 5000 maximum fine. The "DV" Classification stands for Domestic Violence and it describes an Assault IV that was comitted against a person with whom the defendant has a certain type of relationship.. such as being family members, romantically involved or married, or even roomates. People arrested for DV Assault IV are typically held in jail pending their arraignment. An arraignment is...

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DWLS 3rd degree tickt

A DWLS 3 charge is a misdemeanor criminal offense. The maximum penalty is 90 days in jail and a $ 1000 fine. Your first court appearance will be for an arraignment, where the court informs you of the nature of the crime you are charged with and your rights, including the right to an attorney. Depending on the procedures of the court the case is pending in, if you retain or obtain court appointed counsel prior to the arraignment, that appearance may be waived upon request of the attorney...

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Affortable family lawyer

Good afternoon... The ultimate cost of the case depends in large part on the particular facts, so without sharing more information about the situation it is hard to give you an idea of the costs involved. The other factor that can influence the cost is the rate charged by the attorney you retain. There is a wide difference in the hourly rate, and in my opinion cost higher cost does not reflect higher quality of legal work. A lot of attorneys offer a free initial consultation. Compare...

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If my ex-wife requests a change to the custody split, does that warrant a change in child support payments.

Child support amounts are determined based on the Washington State Child Support Guidelines, which determine a standard amount of child support, taking into account certain factors (such as health insurance payments). There child support statutes do identify reasons to deviate from the standard amount, and one of those reasons is if the child spends a significant amount of time with the parent who makes the support payment. It is important to note that the court will not allow a deviation...

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Domestic Violence case in Seattle. Is a case that is in Superior to exclude somebody from the residence criminal?

I am assuming that this matter is a domestic violence protection order being heard on the family law motions calendar and will base my comments on that assumption. Petitioning the court for a Domestic Violence Protection Order is a civil action. If the Respondent has not been served, the matter will not be heard. At the initial hearing the court typically issues an ex parte restraining order and order to show cause and a subsequent court date without notice to the other party based on...

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My X gets a decent amt. from S.S. retirement, we were married 23 yrs., I'm 64/ He's not paying alimony. What can I do?

Hello: The answer to your question depends on your circumstances... I am assuming that you are already divorced and that your decree of dissolution has a provision for maintenance. If according to your decree he should be paying (some decrees are written with exceptions such as not requiring someone to pay if they are still living with the other party) then he should be paying. There are all sorts of enforcement actions one can take, including filing a motion for contempt. If you...

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Is it always a 50/50 split?

Property division in dissolution is a complicated matter. The court strives to do what is fair and equitable in the particular situation in light of all relevant factors. These include, but are not limited to, the nature and extent of community and separate property and the length of the marriage. You should have at lest a consultation with an attorney to talk about the facts specific to your circumstances. Good luck, Monica Onu

Changes to temp. parenting plan do they HAVE to be submitted to court or can we write up our own contract type thing?

A parenting plan, even one that is temporary, is a court order, and as such it can only be changed by the court. Unless your plan has language in it stating that the two of you can vary from the written terms by mutual agreement, you need a new plan that is signed by a judge. If both parties are in agreement on the changes, it is a fairly simple process to modify the existing plan. Good luck, Virginia Onu

What does dismissal mean?

Hello: In addition to the information that was previously posted, it also matters whether the dismissal was with or without prejudice. You should also check with your public defender regarding this. If the dismissal was with prejudice the charges cannot be refiled. If the dismissal was without prejudice, the charges can be refiled. If the dismissal was without prejudice you need to discuss with your public defender the likelihood of the charges being refiled, based on the reasons...

Family law

Hello More details would be necessary in order to attempt to answer your question. Please post more details and I would be more than happy to give you my thoughts on your situation. Virginia