Can a Washingington Protection Order Be Terminated from Oregon

[caitkicksass]

My question involves restraining orders in the State of: Washington
My family has never approved my boyfriend of 6 years now, they judged him from the very beginning of the relationship and they tried breaking us up by making false police reports on him to have him arrested, they made false police reports against me to have me institutionalized and when it didn't work they kidnapped me. this was years ago and I thought maybe they had gotten over things, I really do care a lot about my family and I don't want to cut them out of my life but it seems like they want me to make the choice. I came out to washington to visit one of my family members and my boyfriend who is not abusive but is alcoholic, was drunk. he was asked to leave the premises and would not, cops were called I told him to leave and he bumped into me on his way out the door. he did not strike me in any way or inflict bodily harm or injuries, he did not make threats to do so. because of the state's DV laws and the fact that there was contact made between us, the police forced a mandatory order of protection. I told them that he's not abusive, I was in no way injured and I did not want to press charges but it didn't matter. (and I'm not sure what the protocol is in Kitsap county, but police responding to domestic calls should not be insulting alleged victims because of where they're from and their socioeconomic status.) he ended up pleading guilty because he is considered a flight risk and would have been held through the whole trial process, and then because he had nowhere to stay and winter was starting in washington, he ended up leaving the state. we both mutually violated the no contact order and kept in contact through phone and finally ended up moving to oregon and living together. He was arrested for violating the protective order and he has been in jail for almost a week and I need to find out if I can get the case transferred to oregon and then have it appealed through this court system or if I would have to go to washington. also they said it wasn't a warrant, there was no FTA he served his time case closed so he shouldn't be extradited, but I'm not sure if he had some kind of probation attached that would have then been violated and i don't know if he will be extradited or released here.

[Dogmatique]

There is no such thing as a mandatory OOP in WA state, nor can the police force an OOP - at least not in these circumstances.

Want to clarify for us?

[caitkicksass]

the police here in Oregon called it an "order of protection" explaining that the state forced a no contact order (or restraining order?) for my protection. The police in Washington said that it was required for them by state laws to force the no contact order. I'm guessing maybe the 2 states have different wording in their laws.

[Dogmatique]

They may be required to ENFORCE an order that's already in place.

The police in WA cannot force anything independently - that was my point. They couldn't "force" a restraining order any more than I could. A restraining order, OOP/AHO, call it what you want CANNOT be "made" by the police. It has to go through the court system.

So - what's going on? Did the State's attorney convince the court to order something like that and the state police are simply enforcing that order?

[caitkicksass]

he went through the court system in washington after he was arrested last year. I don't know how the process works on their end or who files what, but the restraining order was placed by the state of washington and it is being enforced in oregon. I live in oregon, do I need to move to washington to get it dropped?

[drthyrd]

I am guessing there is a criminal no contact order here rather than a civil order. Then, it would have been initiated by the prosecutor rather than by the victim.

[Dogmatique]

...and if it IS a criminal no contact order, Cait has absolutely no chance of getting it dropped.