Amanda Helen Taylor v. Todd Emory Taylor
39380-1
Wash. Ct. App.Feb 6, 2024Background
- Amanda Taylor filed for a domestic violence protection order against her ex-husband, Todd Taylor, following the dissolution of their marriage.
- Amanda alleged Todd engaged in coercive control, verbal and emotional abuse, financial exploitation, and occasional threats or physical aggression, impacting both herself and their two children.
- Todd denied the allegations, asserting no ongoing danger and pointing to limited contact since the divorce, as well as a lack of findings or restraining orders in earlier proceedings.
- The trial court denied the protection order, citing lack of corroborating, extrinsic evidence beyond the parties' conflicting declarations and communications.
- Amanda appealed, challenging the court’s credibility assessment, its interpretation of the legal standard for coercive control, and the refusal to review case law she offered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility Findings | Court wrongly credited Todd, ignored evidence of a pattern of coercive control | Disputes all allegations, highlights lack of corroborating evidence | Deference to trial court’s credibility findings; no error |
| Legal Standard for Coercive Control | Court required undue objective evidence, not just patterns and impact | Court followed correct standard; no new facts or proven harm | Court applied correct preponderance standard |
| Consideration of Plaintiff’s Case Law | Court erred in refusing to review and cite helpful case law | No requirement to accept or cite proffered cases at hearing | No error; court not required to accept or cite parties' cases |
| Use of Prior Proceedings | Court erred by considering lack of earlier protection orders as negative | Proper to consider entire procedural history without prior findings | Trial court could properly consider lack of earlier findings |
Key Cases Cited
- In re Knight, 178 Wn. App. 929 (2014) (appellate courts defer to trial courts on factual and credibility determinations)
- State v. Nguyen, 10 Wn. App. 2d 797 (2019) (concerns sufficiency of evidence for felony stalking; not dispositive here)
- State v. Abdi-Issa, 199 Wn.2d 163 (2022) (addressed animal cruelty as a form of domestic violence)
- State v. Becklin, 163 Wn.2d 519 (2008) (statutory interpretation of stalking statute)
