ExpertLaw.com Forums

How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Cause

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 08-30-2012, 10:10 PM
    Bazookaxx
    How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Cause
    My question involves restraining orders in the State of: Washington, years back in 2001, my ex wife and I got into an argument, we have had many over the couple of years we were together, she was pregnant at the time this happened, I honestly do not know what the argument was over, but in the end I left the house to cool off take a drive and suddenly when I got back she was on the phone with this smirk on her face.

    I asked who she was talking to she hung up the phone and made her way to the living room, next thing I know I have four police man at the house, The officers asked what the problem was she stated that she wanted them to come talk to me because I was angry.

    The officer stated that they are not on duty to be a therapist, and they didnt quite understand why she had called, two officers took me outside and began to question me I explained everything that had happened, suddenly she was yelling at an officer and he told her if she continued acting out she would be the one who went to jail.

    She suddenly calmed down I left to a neighbors house for the night, the next day she goes down to the court house files a temp restraining order and a hearing is set.
    I went to the hearing and of course the ex being pregnant got awarded the order of restraints, I still have the paper work and her statement was said she called the cops because I had slapped her up and down, and slammed her against a wall, yet when the police came out there they would NOT arrest me because ALL I did was slap her face and slam her against the wall.

    I am sorry but in the state of washington if you look at a woman funny you will be in jail for it, especially a pregnant woman, they did not arrest me because no crimes where committed yet the judge in Tacoma gave her a perm restraining order based on what she said... in other words I have not seen my children in more than ten years because of this and this has been killing me I have actually had to move from Washington to California because she kept coming around and I didnt want to get into trouble

    and even so after all of that in court she has sent me letters inviting me to visit with the kids for birthdays and I have visited twice to be honest, she has also sent me letters talking about what a great father I am etc.. all of which I kept for my own records.

    The reality here is I do not know what I can do about this but I figure its well over due that I clear my name she has also moved out of washington to Idaho and I now live in California, so another question I have is where do I file?
  • 08-30-2012, 10:22 PM
    Dogmatique
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    There is absolutely no way a Washington court will issue a TEN YEAR (or permanent?) RO on the whims of a complainant AND include mutual children.

    Could you please clarify?

    According to this:

    Quote:

    I went to the hearing and of course the ex being pregnant got awarded the order of restraints, I still have the paper work and her statement was said she called the cops because I had slapped her up and down, and slammed her against a wall, yet when the police came out there they would NOT arrest me because ALL I did was slap her face and slam her against the wall.

    So did you or did you not actually do these things?
  • 08-31-2012, 08:13 PM
    Bazookaxx
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    Quote:

    Quoting Dogmatique
    View Post
    There is absolutely no way a Washington court will issue a TEN YEAR (or permanent?) RO on the whims of a complainant AND include mutual children.

    Could you please clarify?

    According to this:




    So did you or did you not actually do these things?


    I DID NOT do these things, as she said and I agree the cops did come out the night that she is referring to, I even tried to contact the police department to get confirmation of what had taken place but there was no report simply because there was NO Crime you say washington state will not do this based on word of mouth but they did...Bottom line nothing happened that night she just added a little salt and pepper in the court room and it worked she got what she wanted I wonder if I can not only get this taken care of but sue her for defamation as well
  • 08-31-2012, 10:23 PM
    Mr. Knowitall
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    Quote:

    Quoting Bazookaxx
    View Post
    in other words I have not seen my children in more than ten years because of this and this has been killing me...

    and even so after all of that in court she has sent me letters inviting me to visit with the kids for birthdays and I have visited twice to be honest, she has also sent me letters talking about what a great father I am etc.. all of which I kept for my own records.

    Which is it? It can't be both.
    Quote:

    Quoting Bazookaxx
    The reality here is I do not know what I can do about this but I figure its well over due that I clear my name she has also moved out of washington to Idaho and I now live in California, so another question I have is where do I file?

    If you want to have a court terminate a protective order, you have to petition the court that issued the order.
    Quote:

    Quoting Bazookaxx
    View Post
    Bottom line nothing happened that night she just added a little salt and pepper in the court room and it worked she got what she wanted....

    She presented her case, you presented yours, and the court found her case to be more believable?
    Quote:

    Quoting Bazookaxx
    I wonder if I can not only get this taken care of but sue her for defamation as well

    You were not able to discredit her a decade ago and, even if we assume that you truly have "new evidence" that will prove to the court that the order should not have been entered and that you can point to allegedly defamatory statements other than her testimony (which is privileged and thus cannot form the basis of a defamation suit), absent unusual circumstances the statute of limitations for defamation in Washington State is two years.
  • 09-01-2012, 09:34 AM
    Bazookaxx
    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
    Which is it? It can't be both.

    it isnt both you didnt read a little further, I said I visited twice, this was 10 years ago when that happened... after realizing that this person is likely to entrap me using my kids I stayed clear of that all toghter



    Quote:

    Quoting Mr. Knowitall
    View Post
    She presented her case, you presented yours, and the court found her case to be more believable?

    Thats what happened, a pregnant crying lady wearing her US Army BDUs the judge bought her story
  • 09-01-2012, 10:57 AM
    Mr. Knowitall
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    I read what you wrote. If you failed to communicate clearly, not my fault. In terms of your clarification, frankly, "She was letting me see the children, but I took it upon myself to imagine that she was trying to trap me, moved out of state and cut off all contact," doesn't make her seem like the reason you didn't see the kids.

    The answer, though, remains the same: If you want to have a court terminate a protective order, you have to petition the court that issued the order.
  • 09-01-2012, 11:07 AM
    Bazookaxx
    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 read what you wrote. If you failed to communicate clearly, not my fault. In terms of your clarification, frankly, "She was letting me see the children, but I took it upon myself to imagine that she was trying to trap me, moved out of state and cut off all contact," doesn't make her seem like the reason you didn't see the kids.

    The answer, though, remains the same: If you want to have a court terminate a protective order, you have to petition the court that issued the order.

    Okay perhaps I wasnt being clear enough, I moved first, because she kept coming to my apartment in Washington I called the police and informed them she was doing this and had a restraining order, they couldnt do anything because the order is against me and not against her.

    as it became obvious that she was going to continue to do this, I had a job offer in Ca, I moved to Los Angeles, once I got here my sister informed me that I needed to contact her cus she needed help with my kids, she needed money for medicine as my daughter was sick.

    From there she asked if I would come visit, so I did, all seemed well during the first visit, the 2nd visit I went up there and she insisted that I and my girlfriend stay the night, i was not okay with that idea, I told her this will only confuse my kids and I didnt want that, from that moment she cut off the visit.

    The point I am making in all of this is that for someone who went and lied to the court about what a Tyrant I am, how abusive I was, and how she feared for her life and the kids, why is she saying one thing in court and an entirely different thing outside of court?
  • 09-01-2012, 11:54 AM
    Mr. Knowitall
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    You chose not to try to have the restraining order modified a decade ago, and instead chose to move out of state and cut off contact with your kids. You lost your case in court, you made your choices, and you don't get to sue her over the consequences of your decade-old choices.

    If you had a basis to overturn the restraining order a decade ago, you should have filed your motion a decade ago. You chose not to do so, and you have told us that the restraining order remains in effect, so for the third time: If you want to have a court terminate a protective order, you have to petition the court that issued the order.
  • 09-01-2012, 01:16 PM
    Bazookaxx
    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
    You chose not to try to have the restraining order modified a decade ago, and instead chose to move out of state and cut off contact with your kids. You lost your case in court, you made your choices, and you don't get to sue her over the consequences of your decade-old choices.

    If you had a basis to overturn the restraining order a decade ago, you should have filed your motion a decade ago. You chose not to do so, and you have told us that the restraining order remains in effect, so for the third time: If you want to have a court terminate a protective order, you have to petition the court that issued the order.

    I had no idea what my rights were I did not have an attorney she cleared out our joint account when she left, I had checks bouncing left and right. Thank you for the advice, I really do appreciate it, however you sound pretty mean in the way you respond, at the time all of this happened I did not have the ability to understand how the system works, and knowing that lie after lie was being told about me in court, it was a frustrating experience, whats messed up is that in family court there is no burden of proof, there is no beyond reasonable doubt.
    your saying that you cant believe Wash would issue an order with out facts or evidence, well they did... and I honestly do not know why
  • 09-01-2012, 04:01 PM
    Mr. Knowitall
    Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca
    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.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 10:07 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved