Blackmon v. Blackmon

230 P.3d 233 (2010)

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Blackmon v. Blackmon

Washington Court of Appeals
230 P.3d 233 (2010)

  • Written by Haley Gintis, JD

Facts

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

Issue

Holding and Reasoning (Quinn-Brintnall, J.)

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Casebooks

Domestic Violence Law

Key Terms

  • Right to a Jury TrialA constitutional right that exists under the Sixth Amendment in federal and state criminal trials in which a defendant faces punishment of greater than six months’ imprisonment, under the Seventh Amendment in federal civil cases at common law in which the amount in controversy exceeds 20 dollars, and in certain state civil cases under state constitutions and statutes.
  • HearsayAn out-of-court statement offered to prove the truth of the matter asserted in the statement.
  • InjunctionA form of equitable relief in which a party is ordered to perform or refrain from performing a certain act.
  • Equity1. Fairness; justice. 2. The value of a property minus any mortgages or liens on it. 3. A branch of jurisprudence that arose in England as an alternative to the harsh common law, in which courts tried to determine what would be fair in a given situation instead of strictly applying law and precedent. Today in the U.S., courts of law and equity have merged for the most part, but equity still applies in situations where appropriate relief would be an injunction or specific performance instead of monetary damages or there is otherwise no remedy available at law.
  • Domestic ViolencePhysical assault or other abuse of a person with whom the perpetrator has an intimate relationship.
  • Protection OrderA court order prohibiting a party from doing something, such as contacting or being near another person. (Many jurisdictions use the term “temporary restraining order” if the order is granted for a limited amount of time, and “protection order” when it becomes permanent or for an extended period of time.)

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