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  1. #1
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    Aug 2012
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    Default How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Cause

    My question involves restraining orders in the State of: Washington, years back in 2001, my ex wife and I got into an argument, we have had many over the couple of years we were together, she was pregnant at the time this happened, I honestly do not know what the argument was over, but in the end I left the house to cool off take a drive and suddenly when I got back she was on the phone with this smirk on her face.

    I asked who she was talking to she hung up the phone and made her way to the living room, next thing I know I have four police man at the house, The officers asked what the problem was she stated that she wanted them to come talk to me because I was angry.

    The officer stated that they are not on duty to be a therapist, and they didnt quite understand why she had called, two officers took me outside and began to question me I explained everything that had happened, suddenly she was yelling at an officer and he told her if she continued acting out she would be the one who went to jail.

    She suddenly calmed down I left to a neighbors house for the night, the next day she goes down to the court house files a temp restraining order and a hearing is set.
    I went to the hearing and of course the ex being pregnant got awarded the order of restraints, I still have the paper work and her statement was said she called the cops because I had slapped her up and down, and slammed her against a wall, yet when the police came out there they would NOT arrest me because ALL I did was slap her face and slam her against the wall.

    I am sorry but in the state of washington if you look at a woman funny you will be in jail for it, especially a pregnant woman, they did not arrest me because no crimes where committed yet the judge in Tacoma gave her a perm restraining order based on what she said... in other words I have not seen my children in more than ten years because of this and this has been killing me I have actually had to move from Washington to California because she kept coming around and I didnt want to get into trouble

    and even so after all of that in court she has sent me letters inviting me to visit with the kids for birthdays and I have visited twice to be honest, she has also sent me letters talking about what a great father I am etc.. all of which I kept for my own records.

    The reality here is I do not know what I can do about this but I figure its well over due that I clear my name she has also moved out of washington to Idaho and I now live in California, so another question I have is where do I file?

  2. #2
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    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    There is absolutely no way a Washington court will issue a TEN YEAR (or permanent?) RO on the whims of a complainant AND include mutual children.

    Could you please clarify?

    According to this:

    I went to the hearing and of course the ex being pregnant got awarded the order of restraints, I still have the paper work and her statement was said she called the cops because I had slapped her up and down, and slammed her against a wall, yet when the police came out there they would NOT arrest me because ALL I did was slap her face and slam her against the wall.

    So did you or did you not actually do these things?

  3. #3
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    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Dogmatique
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    There is absolutely no way a Washington court will issue a TEN YEAR (or permanent?) RO on the whims of a complainant AND include mutual children.

    Could you please clarify?

    According to this:




    So did you or did you not actually do these things?

    I DID NOT do these things, as she said and I agree the cops did come out the night that she is referring to, I even tried to contact the police department to get confirmation of what had taken place but there was no report simply because there was NO Crime you say washington state will not do this based on word of mouth but they did...Bottom line nothing happened that night she just added a little salt and pepper in the court room and it worked she got what she wanted I wonder if I can not only get this taken care of but sue her for defamation as well

  4. #4
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    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Bazookaxx
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    in other words I have not seen my children in more than ten years because of this and this has been killing me...

    and even so after all of that in court she has sent me letters inviting me to visit with the kids for birthdays and I have visited twice to be honest, she has also sent me letters talking about what a great father I am etc.. all of which I kept for my own records.
    Which is it? It can't be both.
    Quote Quoting Bazookaxx
    The reality here is I do not know what I can do about this but I figure its well over due that I clear my name she has also moved out of washington to Idaho and I now live in California, so another question I have is where do I file?
    If you want to have a court terminate a protective order, you have to petition the court that issued the order.
    Quote Quoting Bazookaxx
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    Bottom line nothing happened that night she just added a little salt and pepper in the court room and it worked she got what she wanted....
    She presented her case, you presented yours, and the court found her case to be more believable?
    Quote Quoting Bazookaxx
    I wonder if I can not only get this taken care of but sue her for defamation as well
    You were not able to discredit her a decade ago and, even if we assume that you truly have "new evidence" that will prove to the court that the order should not have been entered and that you can point to allegedly defamatory statements other than her testimony (which is privileged and thus cannot form the basis of a defamation suit), absent unusual circumstances the statute of limitations for defamation in Washington State is two years.

  5. #5
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    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    Quote Quoting Mr. Knowitall
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    Which is it? It can't be both.
    it isnt both you didnt read a little further, I said I visited twice, this was 10 years ago when that happened... after realizing that this person is likely to entrap me using my kids I stayed clear of that all toghter



    Quote Quoting Mr. Knowitall
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    She presented her case, you presented yours, and the court found her case to be more believable?
    Thats what happened, a pregnant crying lady wearing her US Army BDUs the judge bought her story

  6. #6
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    Default Re: How Do I Get a Restraining Order Removed if I Now Have Proof That There Was No Ca

    I read what you wrote. If you failed to communicate clearly, not my fault. In terms of your clarification, frankly, "She was letting me see the children, but I took it upon myself to imagine that she was trying to trap me, moved out of state and cut off all contact," doesn't make her seem like the reason you didn't see the kids.

    The answer, though, remains the same: If you want to have a court terminate a protective order, you have to petition the court that issued the order.

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