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Removing a Permanent Restraining Order

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  • 02-20-2014, 08:29 PM
    doc425
    Removing a Permanent Restraining Order
    My question involves restraining orders in the State of: Washington

    In 1995 my ex-wife, who did not live with me, had me served with a Restraining Order for my permanent residence and office. When I explained to the serving officer what was really going on, and that she did not live there, he said to leave for an hour and he would take care of it. I also told the attorney that handled my divorce about this and he said he would make sure it was removed. I never was in court on this matter. Unfortunately I assumed it was taken care of and never did follow up to make sure it was done. I learned a couple of years ago that it was still in effect and it was causing me problems at US Border crossings. I contacted my ex-wife to see if she would sign the papers to remove the order. At first she said she would sign the papers and then she decided that I would have to "loan" her $3,000.00 before she would sign. I have discussed this matter with several attorneys and they wanted a $5,000.00 retainer.
    This seems excessive for a somewhat easy matter.

    My ex-wife lives in Ohio. I live in WA and CA.

    Is there an easy way to handle this matter?
  • 02-21-2014, 05:59 PM
    tophat
    Re: Removing a Permanent Restraining Order
    I don't understand. HOWEVER, HAVE NO CONTACT OR COMMUNICATION WITH THE PERSON ON THE ORDER!
    Also, please go into more detail. Perhaps that will help me understand more to give a better opinion.

    Your ex-wife lives in Ohio?
    Hmm.... I wonder how bad the issue was between you two. Then again, I reason if she was willing to talk to you an attempt to hustle you out of $3000 USD, then the issues were not so bad or you would have been in a jail cell by now: I'm assuming you've unknowingly violated the restraining order. So, I suggest you know what those restraining order terms are, so that you do not violate the restraining order. If your ex-wife lives states away from you and you're in the state where the order was filed, then I assume that you could make a motion to vacate and dismiss the restraining order. Because if you do this, and your wife wants to contest it, then she is going to have to take a trip a few states toward where the court proceeding to vacate and dismiss would be: She could possibly use some telephone service to phone into court; but I'm going to roll a die and assume she's going to be too incompetent to do that (older individuals tend to be technologically incompetent).

    So, maybe you could get away with things by making a motion to vacate and dismiss. It's a worth a try. However, if you're dead serious about it, you may want to take some time, do some research, and generate an evidence based argument as to what has changed since 1995, that you're no longer a threat to her, that she's no longer part of your life, that you don't want her to be part of your life, and discuss how the restraining order is a burden on you (You may want to bring proof/witness of the US Border issue), AND THEN make the motion to vacate and dismiss with arguments and evidence on the court day hearing.
  • 02-21-2014, 06:06 PM
    free9man
    Re: Removing a Permanent Restraining Order
    How is a restraining order causing problems at the border?
  • 02-22-2014, 06:05 PM
    doc425
    Re: Removing a Permanent Restraining Order
    Whenever I go thru the border my RO shows up on the computer. This automaticlly has them pull me over into a more thorough checking area where they go through the car. It adds .5 to 1 hour each crossing.

    At the time the RO was placed we were divorced and she did not live at the house. She later married someone else and moved from WA to OH about 15 years ago. I have been married to someone else since mid 1995. There has been very limited contact over the years since I did not know about the RO.
  • 02-22-2014, 07:25 PM
    free9man
    Re: Removing a Permanent Restraining Order
    Where was the order issued from? OH, WA, CA? In order for it to show up at a routine border crossing, I'm guessing it's a criminal protective order of some kind. You need to make sure you have no further contact with your ex. That is a violation of the order that she can use against you in court.
  • 02-23-2014, 01:58 PM
    doc425
    Re: Removing a Permanent Restraining Order
    It was issued in WA, and it was not criminal in any way. The border officers told me that any RO that is in effect will cause a problem after 9-11.
  • 02-23-2014, 02:13 PM
    free9man
    Re: Removing a Permanent Restraining Order
    Then I guess to you need to determine how much the hassle at the border is worth to you. 5Gs or more for a lawyer or 3Gs to get the ex to play ball. Although you would still need a lawyer for that because a. you would need some kind of agreement drafted b. you can't have contact with her and c. she might report it as some kind of bribe or other attempt to influence a witness.
  • 02-27-2014, 10:37 PM
    tophat
    Re: Removing a Permanent Restraining Order
    Hmm... Ohio is quite far away. I'm estimating that it's about $600 USD for a round-trip back and forth on the same day (I used Orbitz): SD, Ca from Cleaveland, OH, round trip same day. I still stand with my opinion, which is to make a motion to vacate and dismiss (it's a simple legal form), and generate an evidence-based argument (witnesses, too, if applicable) as to why it should not continue: This is in case she shows up. Also, it would be wise to deny having ever knowingly talked to the person on the restraining order: You may want to research applicable telephone laws for CA, WA, and OH. You don't absolutely know you had a telephone call with her, right? She would have to use civil discovery to prove that you called her. heh, yeah, I feel the haters coming on here. That phone call is something you would have to take into consideration. I think I've read there is a six month statute on violations, which is something you might want to look into. You might even want to hire a cheap attorney to resolve this while bringing all evidence and witness statements so the attorney knows the argument (gameplan) ahead of time.

    What I'm recommending is a gamble rather than hiring an attorney. And in a lot of ways, if you keep making motions to vacate and dismiss (and make sure something significant happens, if you can; perhaps you went to therapy, per se), and the ex-wife is going to have to make another round trip or pay an attorney $500 USD.

    Do you see what I'm recommending here?
    I'm recommending economic warfare. lol. :cool:

    If the ex-wife attempts to assign someone as power of attorney, then if it's not legally legit, object to it and continue to seek a vacate.
  • 02-27-2014, 10:57 PM
    Dogmatique
    Re: Removing a Permanent Restraining Order
    Quote:

    Quoting tophat
    View Post
    Hmm... Ohio is quite far away. I'm estimating that it's about $600 USD for a round-trip back and forth on the same day (I used Orbitz): SD, Ca from Cleaveland, OH, round trip same day. I still stand with my opinion, which is to make a motion to vacate and dismiss (it's a simple legal form), and generate an evidence-based argument (witnesses, too, if applicable) as to why it should not continue: This is in case she shows up. Also, it would be wise to deny having ever knowingly talked to the person on the restraining order: You may want to research applicable telephone laws for CA, WA, and OH. You don't absolutely know you had a telephone call with her, right? She would have to use civil discovery to prove that you called her. heh, yeah, I feel the haters coming on here. That phone call is something you would have to take into consideration. I think I've read there is a six month statute on violations, which is something you might want to look into. You might even want to hire a cheap attorney to resolve this while bringing all evidence and witness statements so the attorney knows the argument (gameplan) ahead of time.

    What I'm recommending is a gamble rather than hiring an attorney. And in a lot of ways, if you keep making motions to vacate and dismiss (and make sure something significant happens, if you can; perhaps you went to therapy, per se), and the ex-wife is going to have to make another round trip or pay an attorney $500 USD.

    Do you see what I'm recommending here?
    I'm recommending economic warfare. lol. :cool:

    If the ex-wife attempts to assign someone as power of attorney, then if it's not legally legit, object to it and continue to seek a vacate.


    Unfortunately, I can't bring myself to hate a complete twit.

    Sorry.

    (Oh by the way - do we have your IP info in case someone sees fit to uh..let's say..."include you" in criminal charges?)
  • 02-28-2014, 12:17 AM
    Disagreeable
    Re: Removing a Permanent Restraining Order
    It appears you can file yourself and serve her by mail.


    http://www.courts.wa.gov/forms/?fa=f...ic&staticID=14
    http://www.courts.wa.gov/court_rules...ruleid=supcr05
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