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Can I Get a Restraining Order Removed if the Protected Person is Trying to Contact Me

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  • 12-14-2013, 12:27 AM
    TroubledHell
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    The prior history of the woman filing for & getting an order of protection against him ? I would think if he can prove his allegations, then not only can the order against him be revoked, but also he would be able to get an order of protection against her ?
  • 12-14-2013, 12:48 AM
    Dogmatique
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    A doesn't lead to B, no.

    I think he has a decent shot at getting it modified (hence the link), but that doesn't equate to him getting beyond the temp. order stage.

    Restraining orders aren't for dealing with pests.
  • 12-14-2013, 01:09 AM
    TroubledHell
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Quote:

    Quoting Dogmatique
    View Post

    Restraining orders aren't for dealing with pests.


    What about a stalking order ? He may not fear for his safety but the fact that she is showing up at his home and sending "messages" through her family and mutual friends leads me to believe that he may have grounds for a stalking order to be issued against her. What is your opinion ?
  • 12-14-2013, 01:35 AM
    Dogmatique
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Have you read what WA actually says about stalking?

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9a.46.110
  • 12-14-2013, 04:39 PM
    TroubledHell
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Quote:

    Quoting Dogmatique
    View Post
    Have you read what WA actually says about stalking?

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9a.46.110

    Thank you for the link.

    My question is wrt Item No. 2 :

    "The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances"

    Does "injury" mean solely physical injury to life and limb or physical destruction of property ? Manipulating someone so that that individual gets into significant legal trouble is not considered as "injuring" that person ? Any reasonable person would be afraid of being manipulated into violating an order of protection and being made to face the resulting criminal charges. Not trying to be argumentative, truly trying to understand the law here.
  • 12-14-2013, 04:56 PM
    Dogmatique
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Tit or tat again.

    Think about it - the protected party had enough evidence to convince the court that a temp order isn't enough.

    Whether she lied her butt off isn't the point now; the court has sided with her, suggesting that it was not a malicious filing.

    If anything, OP filing a retaliatory motion is not going to end well for him.
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