Page 1 of 2 1 2 LastLast
Results 1 to 10 of 16
  1. #1
    Join Date
    Nov 2013
    Posts
    12

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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 Take your evidence (messages, perhaps a witness or two) and file to modify/have the ordered rescinded.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
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Mar 2013
    Posts
    17,610

    Default 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.

  4. #4
    Join Date
    Nov 2013
    Posts
    128

    Default 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.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  6. #6
    Join Date
    Nov 2013
    Posts
    128

    Default 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 ??

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Violation & Enforcement: Can Protected Person Go to Places Where the Subject of a Restraining Order is Present
    By OCJoeR in forum Orders of Protection
    Replies: 24
    Last Post: 11-26-2013, 02:39 PM
  2. Termination: Does a Restraining Order End Once the Protected Person is of Legal of Age
    By Sepharza in forum Orders of Protection
    Replies: 3
    Last Post: 08-24-2013, 05:57 PM
  3. Violation & Enforcement: Restraining Order Issued, then Protected Person Got a Job at the Same Workplace
    By trlbf4 in forum Orders of Protection
    Replies: 7
    Last Post: 01-14-2013, 11:53 AM
  4. Violation & Enforcement: Is it a Violation of a Restraining Order to Take a Call from the Protected Person
    By justice4me in forum Orders of Protection
    Replies: 4
    Last Post: 03-20-2012, 04:56 PM
  5. Violation & Enforcement: Restraining Order Violation After Contact by the Protected Person
    By bryansb in forum Orders of Protection
    Replies: 2
    Last Post: 10-03-2011, 09:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources