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Jeffrey W Holmes
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Jeffrey Holmes’s Answers

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  • Can a custodial parent withhold a child/children's location from a non custodial parent if there's no protection order?

    My husband's ex is currently getting another divorce and has withheld the location of my husband's children. She originally filed a protection order, but it expired a long time ago. She is claiming her current soon-to-be ex husband is abusing her,...

    Jeffrey’s Answer

    Without having some additional information in this case it is difficult to provide additional guidance. If the previous Judge/Commissioner specifically restricted visitation with father until both a drug panel and psych evaluation were completed, there may be a requirement that he return to Court with evidence of those for the Judge/Commissioner to review. The specific language provided in the previous order and/or parenting plan would likely control what the next step would be, but it sounds as though a trip back to court would be the likely result. Whether that would be to review and/or modify/amend a previous order or for contempt would depend on what the prior order(s) stated.

    A consultation with a local attorney here in Vancouver would likely result in more specific feedback on how to proceed forward as an attorney should be able to use the online filing system to review the pleadings on the case, and provide some more guidance on how to proceed forward. If you would be interested in chatting about this further, feel free to contact my office for a free consultation.

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  • My fiancé is being charged with robber1 for a bank robbery with a note in Washington state, what might he be facing?

    he did not attempt to disguise himself, although I don't know exact amounts, he did not get away with much at all and he turned himself in within 24hrs. He just lost his job, got an eviction notice and struggles with addictive behavior. It was not...

    Jeffrey’s Answer

    • Selected as best answer

    I'm assuming he's charged with only Robbery 1 in Washington with no aggravators or enhancements. If his two prior felonies have not 'washed out' for scoring purposes, then his standard range sentence would be 41 month to 54 months. This is again assuming he doesn't have any other factors that would increase his range, including being on DOC at the time of the offense or other priors. He definitely needs an attorney on his side, and Clark county has a number of great felony public defenders.

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  • Do i need to get a lawyer? im going through establishing paternity right now. my sons 4 and his mother just took him away.

    My sons mom just took him away from me after 4 years of him and i being very very close. Her reason is not having my life together ie.not having a job even though i worked under the table jobs to support him. i Haven t seen him for 2 months. now a...

    Jeffrey’s Answer

    An attorney would definitely be helpful in your situation. The process can be technical and complicated, and Judges/Commissioners often hold Pro Se individuals to the same standards as attorneys. Many family law attorneys in the Vancouver area would be happy to give you a quick consultation to give you a general idea of what full representation would cost. Best of luck to you in this process going forward.

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  • Is there any way of getting your retainer fee back from an attorney?

    She doesnt return my calls. She answers personal calls during meetings. I call her to give information about the case but makes it seem like she isnt on my side

    Jeffrey’s Answer

    I tend to agree with my colleague that sitting down with your attorney and expressing your concerns would be the best place to start. Most attorneys have relatively full caseloads, and they do their best to communicate status updates as often as possible, but it can be difficult when things get busy. Remember that if you do choose to retain another attorney, you will probably burn through a decent amount of additional money for that attorney to review the case to become as knowledgeable of the facts as your current attorney.

    As attorneys, we are working for you the client, and it is important that you share your concerns so we can do the best job possible. If after that conversation you still feel as though the attorney/client relationship is not working for you, then you can ask the attorney to file a motion to withdraw as counsel and return any funds remaining in your retainer account. The attorney will be entitled to any costs or expenses spent on your case, as well as to be paid for the time spent on your matter. Any remaining funds should be returned within a timely manner after withdrawal. If the matter is set for trial and the trial date is looming near, the Court may take exception with withdrawal, which could create another issue.

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  • Is it okay to report something to the police that happened a while ago?

    a while ago as in almost a year.

    Jeffrey’s Answer

    You should be able to. You can contact law enforcement and indicate you want to make a report relating to an incident that occurred about a year ago. Depending on the nature of what you are reporting, they may just have you provide a brief statement, or they may open a full investigation. If you could potentially be charged with a crime arising out of what you are reporting, you should think twice and consult with an attorney prior to going to law enforcement.

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  • New born removed from mom due to drug use. What are the rights of the father? They are not married and no longer a couple.

    The mom is a meth addict and a dealer.The baby was born with withdrawls and an eye infection.CPS took the baby and according to the mom, my son is the father.He will be taking a paternity test.The court has placed the child in the custody of the m...

    Jeffrey’s Answer

    He needs to continue working towards establishing paternity and then proceed forward with attempting to establish a parenting plan. As my colleague notes, 191 factors could limit his time, but the mother seemingly has the same, if not worse, issues with substance abuse. He should get in touch with a local family law attorney to assist him through the process.

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  • What is considered a "standard parenting plan"?

    I'm trying to work with my ex on a permanent parenting plan after being on a temporary one for four years. She said she is proposing one that her lawyer says is a "standard" parenting plan. What the heck does this mean? Does a standard parenting p...

    Jeffrey’s Answer

    I believe you posted this twice, so see your previous post. Also, the local rules for superior court here in Clark county, as mentioned in my previous post, can be found at:

    http://www.co.clark.wa.us/courts/superior/documents/LOCALRULES.pdf

    Rule 0.6 addresses family court, and subsection (i) provides the suggested starting point, generally, for residential schedules.

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  • What is considered a "standard parenting plan"?

    I'm trying to work with my ex on a permanent parenting plan after being on a temporary one for four years. She said she is proposing one that her lawyer says is a "standard" parenting plan. What the heck does this mean? Does a standard parenting p...

    Jeffrey’s Answer

    They may be referencing the 'local rule' parenting plan for Clark county. As my colleague notes, your summary is generally accurate as to what that encompasses. It does sometimes include a mid week dinner visit as well. Generally speaking, however, no two cases are exactly alike, and oftentimes specifics are negotiated to fit your situation. Having an attorney help you iron out exactly what you think is fair may be in your best interest to make sure you come to an equitable resolution. You may want, at a minimum, to hire an attorney for even a few hours to review the final parenting plan proposed prior to final entry. Once a final parenting plan is put in place, it can be very difficult to modify. Feel free to contact my office if you have additional questions.

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  • My husband is fAcing assult 2 charges after neighbors called cops while we were fighting. What can I do to get it dropped?

    Things have been rough since my husband has been out of work last 4 months. I have been working more and we argue about finances. We progressed to getting physical with each other. The cops were called while he was packing to leave. They took pics...

    Jeffrey’s Answer

    As others have stated, the best chance your husband has of getting a favorable resolution would be to retain an experienced attorney who will assure he is represented in the best manner possible. It sounds as though there is at least some evidence of strangulation given you indicate his hands were in fact around your neck, and that he was "trying to shut you up." It also sounds as though you have repeated this statement to law enforcement, as well as to the Prosecution in a meeting. The prosecution can potentially use your written statement in trial as well, along with a 911 call, and any other evidence that may be present. It is hard to say how defensible the case is without seeing all of the evidence, although it sounds as though your husband will have a difficult time avoiding a conviction of Assault in the Fourth Degree at a minimum.

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