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  1. #3
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: Out of State NCO

    Quote Quoting Mr. Knowitall
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    Something's not right with your story, namely: "Location: Oregon". If you're in Oregon, it is not true that you "still live and had not left Hawaii".

    I have no information about what grounds were alleged for the Washington restraining order, whether or not you defended yourself against the petition, or why the court forbade all contact. If you defaulted, consider talking to a Washington attorney about your remedies.

    You do have the right to seek enforcement of the visitation order through Hawaii's courts.
    I am in Oregon only for right now after trying to deal with the Washington ordeal from Hawaii and getting nowhere, I am still a resident of Hawaii, pay my taxes in Hawaii, still own property and a business lic in Hawaii and spend most of my time there, only in Oregon for a couple weeks a month to beable to go upto Washington to deal with this case.

    I tried to get Hawaii to enforce the visitation order but the judge said that since Washington filed a NCO against me and my son that how could they be allowed to enforce the visitation if it violates a court order in another state. I got hung out to dry. I never broke any of the orders from any court. I gues if a woman doesnt want her ex to have visitation all she has to do is go to washington and get a NCO, she doesnt need a reason and there is nothing he can do about it??

    I got a lawyer, but he is having a hard time, he say's it isnt right, it doesnt sound legal but he cant seem to find any law they violated.

    I would say that since the full faith and credit act says that the Hawaii order is just the same in Washington as if they issued it them selves wouldnt this be similar to double jeopardy?

    I havent had much of a chance to talk to my new lawyer, he just started looking it up and hasnt told me what he found yet, I was just seeing if anybody has ever had this kind of ordeal? It really doesnt seem right at all but nobody can show me a set ruling about a state disregarding another states orders.

    as far as the grounds for the new NCO, I sent my ex a subpeona for sustudy hearing in Hawaii since she violated the visitation order so many times. She told Washington that I had threatened to remove out child from the state and caused her emotoinal harm. The only thing I sent her was a subpeona, Hawaii order said that would be the way we can serve each other, we had been in Hawaii family court on her violating the court orders many times and they said mailing her the subpeona would be a good way to do it.

    as far as my defense I appeared by phone to the Washington hearing by phone since i was still in Hawaii, I knew that if I told them about the Hawaii order and sent it to them so they could see it and read it to know I had not violated anything they would just leave the Hawaii oreder alone and tell my ex I had done nothing wrong. I was wrong, they said they all ready knew about the Hawaii order and didnt care, they were issuing her a new one for Washington that took away all my rights since I was such a threat. I sent her a Subpeona, thats it!!

    so I did nothing wrong, followed the orders, and only called her on it when she violated the orders so many times.

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