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Blackmon v. Blackmon
Washington Court of Appeals
230 P.3d 233 (2010)
On June 16, 2008, Tiffany Blackmon (plaintiff) petitioned for a domestic-violence protection order under Washington’s Domestic Violence Prevention Act against her ex-husband, Brian Blackmon (defendant). After reviewing Tiffany’s allegations of abuse in the petition, the superior court issued a temporary protection order. The superior court scheduled a hearing for June 27 to determine whether a more permanent order was warranted. However, the hearing was continued multiple times and finally took place on September 9. On the day of the hearing, Brian’s counsel moved to demand a jury trial. The request was denied. Following the hearing, the court issued Tiffany a one-year protection order. Brian appealed on the ground that the court denied him his constitutional right to a jury trial. Brian argued that proceedings concerning domestic-violence protection orders are legal in nature because they are the equivalent to criminal-assault proceedings.
Rule of Law
Holding and Reasoning (Quinn-Brintnall, J.)
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