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State v. Yelovich, #95192-6

WACDL filed an amicus brief on behalf of Mr. Yelovich on March 26, 2018. In his appeal Mr. Yelovich argued that the trial court erred in denying his proposed jury instruction on the lawful use of in defense of property as a valid affirmative defense to the charge of violation of a no-contact order. Review was granted by the WSSC on February 6, 2018.

WACDL Issues

Whether defense of property is a valid affirmative defense to a charge of violation of a no-contact order based on a charge of assault. WACDL argues that Respondents to no-contact orders should not be per se foreclosed from raising the affirmative defense of lawful force and suggests a three-pronged approach to balance the need to protect the safety of Protected Parties while simultaneously safeguarding the person and property of Respondents.

WACDL Amicus Author

Tom Weaver, Rita Griffith

Appellate Author

Stephanie Cunningham

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