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

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  • 12-12-2013, 08:57 PM
    Daxin
    Can I Get a Restraining Order Removed if the Protected Person is Trying to Contact Me
    My question involves criminal law for the state of: Washington

    The court issued a no contact order so I am not allowed to contact this girl who I've been dating for a couple months.

    First of all, there was never a crime committed against her. Her most recent ex has a problem with me and created a huge situation which caused me to receive this order from the court.

    Secondly, the girl keeps on trying to contact me. I guess you could say she is stalking me, and sending me messages. She shows up frequently at my place of residence, and one time was even waiting inside because my roommate let her in! (He didn't know about the order). Luckily, she has never noticed I was there, because the moment I saw that she was waiting around my place, I just went somewhere else for a few hours and she left.

    Thirdly, for the situation in hand, I know she is trying to contact me because her friends, and even family have tried to contact me explaining things she wants to say to me, and that is order shouldn't be in place.

    So far, I have done a good job avoiding, but I don't like not even being able to go home. Isn't there anything I can do about this?
  • 12-12-2013, 09:06 PM
    Dogmatique
    Re: Can I Get This No Contact Order Removed (Difficult Circumstances)
    1. She had enough to have convinced the commissioner (unless you didn't turn up in court)

    There IS actually something you can do. Take your evidence (messages, perhaps a witness or two) and file to modify/have the ordered rescinded.

    Here you go :)

    http://www.courts.wa.gov/forms/?fa=f...bute&formID=86
  • 12-13-2013, 10:02 AM
    adjusterjack
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Or, just take out a restraining order against her.

    The girl is obviously loony and you'd be wise to steer clear of her anyway.
  • 12-13-2013, 07:55 PM
    TroubledHell
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Quote:

    Quoting adjusterjack
    View Post
    Or, just take out a restraining order against her.

    The girl is obviously loony and you'd be wise to steer clear of her anyway.

    This.

    I was told that if someone had an order of protection / restraining order against you and then somehow establish contact / communication with you, it is still YOUR fault because you are the restrained party and are in violation of the order of protection. You can even be arrested if the protected party goes to the cops.

    Who knows why she wants to contact you ? Maybe it is to get you into further trouble with the law ? Either way, I would attempt to get the order thrown out AND get an order of protection against her.
  • 12-13-2013, 09:13 PM
    Mr. Knowitall
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    You can't get a personal protection order against somebody who has not threatened you simply by claiming that she's loony. That's not a valid basis for a petition.
  • 12-13-2013, 09:32 PM
    TroubledHell
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Quote:

    Quoting Mr. Knowitall
    View Post
    You can't get a personal protection order against somebody who has not threatened you simply by claiming that she's loony. That's not a valid basis for a petition.

    If she is following him around and placing herself in his path on purpose, and getting her family and mutual friends to contact him for her, wouldn't he be entitled to a stalking / harassment order ? Plus her attempts to get in touch with him prove that she isn't really afraid of him and should be enough to get her restraining order against him dismissed ??
  • 12-13-2013, 09:34 PM
    Dogmatique
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    I've seen ROs issued locally (I'm in the same state as the OP) for far less than that.
  • 12-13-2013, 11:36 PM
    Mr. Knowitall
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    I see nothing but speculation. Hearsay about supposed attempts to contact. Her being present at his place a couple of times when he wasn't there, and gone before he made his presence known. No allegation that any of her actions cause the OP to feel threatened or frightened - allegations that are required as part of an anti-stalking petition in Washington. And this from a guy who is restrained from contacting her, which will rightfully or not make it appear to be tit-for-tat.
  • 12-14-2013, 12:14 AM
    Dogmatique
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    Tit-for-tat filings never end well.

    I'm not suggesting he does file one - there's another option that won't get him into trouble. Despite the apparent willingness to hand 'em out willy nilly, they also make not-too-difficult to have the original order rescinded or modified, specially in this sort of scenario.

    Then again "I dream a dream" of a place where disgruntled exes just don't do that kind of crap to begin with.
  • 12-14-2013, 12:25 AM
    Mr. Knowitall
    Re: Can I Get a Restraining Order Removed if the Protected Person is Trying to Contac
    If he can prove that his ex- is showing up at his place without regard for whether he's present, attempting to contact him through various people, and the like, he probably has a decent shot at getting the order modified as those actions are not reflective of fear. But at this point we don't know the background to the case, and the prior history may darken his prospects.
  • 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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