Georgina Edme Sandoval-sanchez, V. William Joseph Blackwell
54535-7
| Wash. Ct. App. | Aug 3, 2021Background
- On Dec. 24, 2019, Georgina Sandoval‑Sanchez petitioned for a domestic violence protection order against William Blackwell seeking protection for herself and two daughters: AG (age four) and AB (age one; Blackwell’s biological child).
- A temporary protection order was entered the same day covering Sandoval‑Sanchez and both children.
- At the contested hearing, Sandoval‑Sanchez testified to repeated physical assaults (including while pregnant and after AB’s birth), threats to kill her, and incidents occurring in front of the children; a coworker corroborated visible injuries. She testified she feared for the children’s safety.
- Blackwell denied most allegations, accused Sandoval‑Sanchez of being the abusive party, and sought to maintain contact with AB; a former landlord offered testimony supporting Blackwell’s account about mutual conflict.
- The trial court issued a final protection order protecting Sandoval‑Sanchez and AG but excluded AB and expressly authorized limited visitation for Blackwell with AB; the court said it had not “heard anything that the child is at risk,” and no written findings explaining AB’s exclusion were entered.
- Sandoval‑Sanchez appealed, arguing AB should have been designated a protected party and the court failed to make the written findings required by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not including AB as a protected party | AB was exposed to domestic violence against her mother and Sandoval‑Sanchez feared Blackwell might harm AB; under Rodriguez this supports protecting the child | Blackwell disputed the allegations, said he was not a threat, and sought to continue parenting AB; trial court stated it heard no evidence that AB was at risk | Remand: record does not show the court considered the Rodriguez factors regarding AB; exclusion of AB must be reconsidered and, if needed, supported by written findings |
| Whether the court’s failure to enter written findings under RCW 26.50.060(7) was reversible error | The statute requires written reasons when declining to protect a child; none were entered here | No appellate response from Blackwell; trial court made oral statements that might be relied on | Remand: because the oral ruling does not disclose consideration of relevant factors or credibility, the court must reconsider and enter adequate written findings if it again excludes AB |
Key Cases Cited
- Rodriguez v. Zavala, 188 Wn.2d 586 (2017) (child’s exposure to domestic violence constitutes domestic violence; a parent’s fear for a child can justify a protection order)
- State v. Miller, 92 Wn. App. 693 (1998) (failure to enter required written findings may be harmless only if oral findings suffice for appellate review)
