Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2010

    Default Appeal Process of a Sexual Assault Protection Order

    My question involves restraining orders in the State of: Washington

    My now ex-wife and I separated in May of 2004 after 5 years of marriage. After 3 years of separation, and a couple reconciliations, she asked for a new parenting plan arrangement that I disagreed to. (I had custody of the two older children, she had the two younger children, and she wanted us to have all 4 children on a week on, week off basis). So, in order to get her own way, which is par for the course with this gal, she trumped up false charges against me, claiming I was using extortion against her in order to obtain sexual relations with her. Her only evidence was 13 pieces of ripped up notebook paper with her writing on it, and none of the writing was connected, none of the words made any sense at all, let alone would lead anyone to believe I had done anything criminal. It was totally her word against mine. She got a restraining order on me based on that evidence alone, and after I was unanimously acquitted at trial in July of 2007 on those extortion charges, the judge still issued a continuance of the RO for 3 years. That date came up this week, and she filed for a continuance, stating on the paperwork that she was "still afraid". The judge asked her what he basis for fear was, and she stated "because he lives with his parents and is unemployed". I have lived with my parents for the past 3 years, only because it was the only way I could afford to pay legal fees to fight the false charges and fight for custody of my 4 children. I was steadily employed until December of 2008, and have worked on and off since then (like half the population in America today) but I was due to start back to my old job today, (My boss allowed me to start on Monday due to the court hearing.) Today in court, the judge listened to her story, then started to sign the paperwork issuing the continuance before my lawyer or I even got to state our case. My lawyer brought up numerous RCW codes that he believes are not right with this case, but the judge still decided against me. I want an appeal, it's like this judge has his mind made up before I even walk in the door. I had a perfect record before she did this to me, and I've done nothing (zilch) to ever even cause her to fear me, she has had mental problems in the past (when we were married) and CPS documents state she is still on medication for depression when she can afford to purchase the meds. I have spent almost $20,000 trying to defend myself and my kids against this lady, and it just seems like this judge is corrupt, do I have any alternative courses of action that I can take? My mom has had to do the transfer of our kids on weekends for 3 years now, and will have to do so for another 2 years at least, if she gets her way and I can't appeal this. Thanks for listening!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Appeal Process of a Sexual Assault Protection Order

    Alternatives to an appeal?

    1. Sponsored Links

Similar Threads

  1. Post-Conviction Relief: Appeal from Conviction for a Sexual Offense
    By tajik11 in forum Criminal Procedure
    Replies: 2
    Last Post: 05-06-2011, 04:24 PM
  2. How to Appeal a 5 Year Protection Order
    By in2fords in forum Orders of Protection
    Replies: 1
    Last Post: 11-05-2010, 10:04 PM
  3. Establishment: Restraining Order or Personal Protection Order
    By lxapilot in forum Orders of Protection
    Replies: 4
    Last Post: 12-26-2008, 02:54 PM
  4. Sexual Assault Victim Arrested After Assault by Atlanta PD
    By cry4help in forum Police Investigations
    Replies: 1
    Last Post: 08-13-2008, 11:32 PM
  5. Can I Get a Restraining Order for Sexual Assault
    By Jessky in forum Orders of Protection
    Replies: 2
    Last Post: 10-25-2006, 08:20 AM
Sponsored Links

Legal Help, Information and Resources