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  1. #1
    Join Date
    May 2009
    Posts
    11

    Default Forced to Violate Order for Protection

    My question regards an Order for Protection in: the State of Washington

    My ex was able to get an Order for Protection against me a few years back. A few months later, her parents called ME to talk about how we were going to settle the house/property and I talked with them (they also have an interest in the home). Then when the 1st order expired, they were able to get a second order because I had talked to her parents when THEY CALLED ME. Thus, I communicated with my ex via a 3rd party. Ok whatever.

    So since the 2nd Order has been in place, her Aunt has called me twice on the ex's behalf - I didn't take the call. I called the aunt's office and asked that she stop communicating with me as it's a violation of the order (I have this conversation recorded). So she sent me a huge letter trying to settle the property stuff on my ex's behalf. I ignored it.

    So today I get a summons(Petition for Dissolution of Meretricious Relationship - basically divorce papers) , with my EX as the petitioner (no attorney), and me as the respondent. It says I am supposed to have her (my ex) served with a copy of my response, which would be a violation of the Order for Protection!

    I am on court record as my own legal representative. She was on file as having an attorney. So my Ex is only legally allowed to communicate with me through an attorney. Likewise, I am only allowed to communicate with her legal representative.

    So what the heck am I supposed to do? Isn't she violating the Order over and over? Why do I get Orders against me when they are continually contacting me through means other than an attorney? Why is that OK?
    If I don't respond to the summons, she will get a default judgment for everything she's asking. What do I do?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Forced to Violate Order for Protection

    You communicate to her attorney.

  3. #3
    Join Date
    May 2009
    Posts
    11

    Default Re: Forced to Violate Order for Protection

    I would, but there is no attorney listed on the documents, and her last attorney told me that he is no longer representing her.

  4. #4

    Default Re: Forced to Violate Order for Protection

    She's not violating the order, because there is no order against HER. It's only against YOU. Because her family members have their own financial interest in the home, they have a legit reason to contact you (they'd be contacting you about the home issue even if their daughter wasn't in the picture, since you indicate that they too have an interest in the home).

    They are most certainly creating a slippery slope for you. You are correct that not responding could result in a default judgement. However, they have also created a situation whereby you have been served with additional legal notices AFTER the issuing of the restraining order. Courts are smart enough to figure out that you're in a catch 22, and that you have the legal right to respond to papers and petitions filed with the court - including those initiated by a person who has a restraining order against you. The court isn't going to penalize you for violating the order by providing your response to her initiated action. With that said, serving as your own counsel is a VERY VERY (WAY VERY!!!!) bad idea in this situation.

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