Neilson ex rel. Crump v. Blanchette

149 Wash. App. 111
CourtCourt of Appeals of Washington
DecidedFebruary 26, 2009
DocketNo. 27066-1-III
StatusPublished
Cited by6 cases

This text of 149 Wash. App. 111 (Neilson ex rel. Crump v. Blanchette) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neilson ex rel. Crump v. Blanchette, 149 Wash. App. 111 (Wash. Ct. App. 2009).

Opinion

¶Jacob Michael Blanchette, a minor, appeals the trial court’s domestic violence protection order issued under chapter 26.50 RCW, at the request of her mother, Jamie Crump Neilson, to protect 14-year-old Kendra Diane Crump. Relevant here, RCW 26.50.010(2) limits [114]*114the definition of “family or household members” found in RCW 26.50.010(1) to “persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.” Therefore, the trial court erred in issuing a domestic violence protection order to protect a 14-year old complainant. Accordingly, we reverse.

Brown, J.

[114]*114FACTS

¶2 Ms. Crump, whose date of birth is May 29,1993, and Mr. Blanchette, whose date of birth is August 26, 1990, had a dating relationship. After the relationship ended, Ms. Crump’s mother, Ms. Neilson, on Ms. Crump’s behalf, filed a petition for a domestic violence protection order against Mr. Blanchette pursuant to chapter 26.50 RCW. The petition alleged Mr. Blanchette hit Ms. Crump on one occasion and sexually assaulted her on one occasion.

¶3 At the hearing, Ms. Neilson and Ms. Crump were represented by counsel, and Mr. Blanchette appeared pro se and did not testify, apparently due to a criminal investigation. Mr. Blanchette did not object to the trial court’s authority to issue the protection order; he solely argued that he be allowed to attend East Valley High School in Spokane, the school both he and Ms. Crump attended.

¶4 The trial court concluded that Mr. Blanchette and Ms. Crump had a dating relationship and that domestic violence occurred between them. The trial court then entered a domestic violence protection order, effective until April 3, 2010. Among other items, the protection order restrained Mr. Blanchette from attending East Valley High School. The trial court specified the protection order was brought by Ms. Neilson on Ms. Crump’s behalf, and that the protection order applies to Ms. Crump, not to Ms. Neilson. At both the time the incidents of domestic violence occurred and the time the protection order was entered, Mr. Blanchette was 17 years old and Ms. Crump was 14 years old.

¶5 After entry of the protection order, Mr. Blanchette filed a motion to modify or terminate the order accompanied [115]*115by several new witness declarations. The trial court scheduled a hearing on the motion. At the hearing, Mr. Blanchette was represented by counsel. The trial court ruled it would not consider a motion to terminate the protection order because that was an issue for appeal. Mr. Blanchette’s focus was returning to school, relief eventually granted by the court. Then, Mr. Blanchette appealed.

ANALYSIS

¶6 The dispositive issue is whether the trial court erred in issuing the domestic violence protection order. Mr. Blanchette contends, for the first time on appeal, that the trial court lacked authority to issue the protection order because he and Ms. Crump did not have a relationship covered by chapter 26.50 RCW.

¶7 Generally, we may refuse to review a claim of error not raised in the trial court. RAP 2.5(a). However, where, as here, the asserted error concerns the trial court’s authority to act, we may elect to review the issue. See RAP 2.5(a)(1) (appellate court may review issue of lack of trial court jurisdiction for first time on appeal).

¶8 Under the Domestic Violence Prevention Act (Act), chapter 26.50 RCW, a victim of domestic violence may petition for an order of protection. RCW 26.50.030. “Domestic violence” is defined, in relevant part, as “[p]hysical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members [or] sexual assault of one family or household member by another.” RCW 26.50.010(l)(a)-(b) (emphasis added). “Family or household members” are defined, in relevant part, as “persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.” RCW 26.50.010(2).

¶9 Statutory interpretation is a question of law, which we review de novo. W. Telepage, Inc. v. City of Tacoma Dep’t of Fin., 140 Wn.2d 599, 607, 998 P.2d 884 (2000). “In [116]*116interpreting statutory provisions, the primary objective is to ascertain and give effect to the intent and purpose of the Legislature in creating the statute.” State v. Watson, 146 Wn.2d 947, 954, 51 P.3d 66 (2002). “To determine legislative intent, we look first to the language of the statute.” Id. “If a statute is clear on its face, its meaning is to be derived from the plain language of the statute alone.” Id. In addition, “ [legislative definitions included in the statute are controlling.” Id. “[A]n unambiguous statute is not subject to judicial construction.” Kilian v. Atkinson, 147 Wn.2d 16, 20, 50 P.3d 638 (2002). “A statute is ambiguous if it can be reasonably interpreted in more than one way, but it is not ambiguous simply because different interpretations are conceivable.” Id. at 20-21.

¶10 Here, Ms. Neilson, on behalf of Ms. Crump, sought a domestic violence protection order. Mr. Blanchette contends the trial court lacked authority to enter such an order because there was no “domestic violence” between him and Ms. Crump as defined by RCW 26.50.010(1) and (2).

¶11 RCW 26.50.010(1) and (2) are not ambiguous. Accordingly, the “meaning is to be derived from the plain language of the statute alone.” Watson, 146 Wn.2d at 954. Under RCW 26.50.010(1), domestic violence includes the incidents enumerated therein, “between family or household members” or “of one family or household member by another.” RCW 26.50.010(1).

¶12 Plainly, the statutory definition of “family or household members” does not apply here, as Ms. Crump was not a “person! ] sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.” RCW 26.50.010(2). At the time the protection order was entered, Ms. Crump was 14 years old. None of the other definitions of “family or household members” apply to the situation between Mr. Blanchette and Ms. Crump. See

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Bluebook (online)
149 Wash. App. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neilson-ex-rel-crump-v-blanchette-washctapp-2009.