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  1. #11
    Join Date
    Aug 2012
    Posts
    8

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Mr. Knowitall
    View Post
    If you chose not to consult or retain a lawyer and chose not to educate yourself about how court proceedings work, that's your fault, not your ex's.

    You can call me "mean" if you want - I don't care. I am not going to pussyfoot around the fact that you are blaming your ex- for issues that resulted largely from your own choices.

    I did not say "[i] cant believe Wash would issue an order with out facts or evidence". However, you have admitted to us that they did have evidence and facts, at a very minimum in the form of your testimony and that of your ex-, and that the court found your ex's story more credible. So I need not deal with an abstract case in which the court ruled in a vacuum, because you've told us that in your case the court ruled based upon the evidence.

    You can keep arguing if you want, the answer remains the same: If you want to have a court terminate a protective order, you have to petition the court that issued the order.

    hold up a second, your telling me that a judge believing someones lies, is facts and evidence? this whole thing was a smear campaign and yes I do blame her for lying to get her way in court. Seriously if your an attorney I am surprised anybody would hire you with that type of blatant pre judging and with your attitude.

    The problem with Attorneys these days is they act is if they are doing us a favor, the reality here is when we hire an attorney which we are in the process of doing so, The Attorney we hire must have a clear understanding that we are their employer most tend to forget about that all together simply because they assume they are above everybody including their clients

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,269

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Bazookaxx
    View Post
    hold up a second, your telling me that a judge believing someones lies, is facts and evidence? this whole thing was a smear campaign and yes I do blame her for lying to get her way in court. Seriously if your an attorney I am surprised anybody would hire you with that type of blatant pre judging and with your attitude.

    The problem with Attorneys these days is they act is if they are doing us a favor, the reality here is when we hire an attorney which we are in the process of doing so, The Attorney we hire must have a clear understanding that we are their employer most tend to forget about that all together simply because they assume they are above everybody including their clients
    Mr. K provided you with the law. The restraining order was issued based upon the evidence presented. Your failure to be sufficiently prepared is your fault, not your ex's and not the court's.

    Now, as Mr. K mentioned, you can petition the court and request a new hearing with the issuing court. If a new hearing is granted, you can present whatever this new evidence might be. Though I am a little surprised that a restraining order might last for 10 years!!! Has she returned every few years to have it renewed? I have never heard of a 10 year restraining order.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #13
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,617

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Mr K also provided a wealth of information here: http://www.expertlaw.com/forums/showthread.php?t=107080
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #14
    Join Date
    Aug 2012
    Posts
    8

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting cdwjava
    View Post
    Mr. K provided you with the law. The restraining order was issued based upon the evidence presented. Your failure to be sufficiently prepared is your fault, not your ex's and not the court's.

    Now, as Mr. K mentioned, you can petition the court and request a new hearing with the issuing court. If a new hearing is granted, you can present whatever this new evidence might be. Though I am a little surprised that a restraining order might last for 10 years!!! Has she returned every few years to have it renewed? I have never heard of a 10 year restraining order.
    I honestly do not know, I understand he is explaining the law, but he has been rude in a sense.... its easy for the average person to jump right at it and get it going to clear up their name. The whole waiting this long really wasnt by choice I was cleaned out she took all the money out of our account, I was on the streets for a hot minute homeless, then I had to find a new job as she was showing up there, which is why I moved to Ca, I didnt have friends or family to help me, I had to rebuild my entire life from the ground up which took allot of time especially when suddenly your paying child support and you have back support owed there is little left after support taxes and bills to just go out and hire an attorney to get this done.
    I do not know why so many people think that a case like this is just a quick easy fix when there are so many different obstacles one has to over come anyhow thank you Mr K for the time I know you dont have to do this but it is helpful and useful.
    And to you sir than you as well

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,269

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    I don't think anyone said that it was a "quick fix." This is a circumstance that took a long time to develop and, apparently, has resulted in periodic extensions of the R/O. It will be difficult to address, and will likely require the services of an attorney in the issuing jurisdiction to assist you.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,671

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    I have been "rude in a sense" by stating the facts and not blowing smoke up your skirt. Yeah, facts suck.

  7. #17
    Join Date
    Aug 2012
    Posts
    8

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Mr. Knowitall
    View Post
    I have been "rude in a sense" by stating the facts and not blowing smoke up your skirt. Yeah, facts suck.
    No you have come off rude, just because your stating what you call facts, someone could state facts all they want and still be rude about it. its typical attorney behavior they all tend to act as if people should bow at their feet just because they are an attorney.

  8. #18

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Except that none of the responders to your post, including Mr. K, are attorneys.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  9. #19
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,329

    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    I believe Mr. K is actually an attorney. But I don't see a thing rude in any of his posts in this thread.

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