• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bogus Temp Order?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gobali07

Junior Member
What is the name of your state (only U.S. law)? Washington

I share custody of my 5 year old. My sons mom recently got a potentially bogus protection order against her boyfriend. I know this because, (she did this to me) she was caught having an affair, and her meal ticket (boyfriend) was going bye bye. Long story short, he came home from his work to move his things out and was greeted by a cop who served him with a protection order, and told him he had 10 minutes to leave. He did without incidence. Well, she had posted on a publicc site on the net what she did her plan, and that he did not do anything physical to her or the kids (which contradicts her police report) She basically told other women on this blog how to get rid of someone with help from the law in a pinch.
So now, being that I am friends with this guy, she is trying to order I have no contact with him, and the ex can't come near me while I have our son. I was not aware she could do this being that we have joint custody. I am sure with her online confessions and the fact she did this to me, and it was thrown out of court because it was ALL false by her. However there is a temp order, and court is not for a while. I have my son this week, and we had planned an outing with her ex to go fishing nearly 4 months ago. Can he be with me, while our son is in my care and custody?
 


Zigner

Senior Member, Non-Attorney
In her temp order she listed our son and her other children to be protected from him.
Then I suggest that you not allow your son around him until this is cleared up.

ETA: YOU can be around him all you want - the order does not apply to YOU.
 

Zigner

Senior Member, Non-Attorney
While I agree with Zigner, I bet the words on the order were not for the kids to be "protected" from him.
It's a valid way of phrasing it. An "Order of Protection" does imply that the persons covered need protection from the person it's issued against... ;)
 

Zigner

Senior Member, Non-Attorney
I will, however, make a change to my earlier post. I posted that you should keep your son away from him. That was wrong. What you need to do is keep him away from your son.
 
If you go to:
Washington State Courts - Court Forms - Domestic Violence

and download DV2_015.doc (Which is what I think the OP is looking at.) it would say:

2. Respondent is Restrained from coming near and from having any contact whatsoever, in person or through others, by phone, mail, or any means, directly or indirectly, except for mailing or service of process of court documents by a 3rd party or contact by respondent’s lawyer(s) with *petitioner the minors named in the table above these minors only:
if box 2 were checked. I don't see any part of the order, other than the title, which orders a person to be "protected" from the respondent.
 

Zigner

Senior Member, Non-Attorney
Um, it is not the OP's duty to "protect", but the covered person to not go around. While the order's effect is to protect, the person is restrained or ordered.
I will, however, make a change to my earlier post. I posted that you should keep your son away from him. That was wrong. What you need to do is keep him away from your son.
Does the OP (or whoever, not covered by the order) have a legal duty to do this?

Let's fact it, the answer to the question:
Would that violate the literal wording of the order?
is the answer to the OP's question.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Washington

I share custody of my 5 year old. My sons mom recently got a potentially bogus protection order against her boyfriend. I know this because, (she did this to me) she was caught having an affair, and her meal ticket (boyfriend) was going bye bye. Long story short, he came home from his work to move his things out and was greeted by a cop who served him with a protection order, and told him he had 10 minutes to leave. He did without incidence. Well, she had posted on a publicc site on the net what she did her plan, and that he did not do anything physical to her or the kids (which contradicts her police report) She basically told other women on this blog how to get rid of someone with help from the law in a pinch.
So now, being that I am friends with this guy, she is trying to order I have no contact with him, and the ex can't come near me while I have our son. I was not aware she could do this being that we have joint custody. I am sure with her online confessions and the fact she did this to me, and it was thrown out of court because it was ALL false by her. However there is a temp order, and court is not for a while. I have my son this week, and we had planned an outing with her ex to go fishing nearly 4 months ago. Can he be with me, while our son is in my care and custody?
Do you really want to get mixed up in the issues between the mother of your child and her ex? Do you really want to go there? Do you really want to take that risk?

Leave it be...don't put yourself in the middle of their issues.
 

Zigner

Senior Member, Non-Attorney
Who said anything about a "duty to protect"? :rolleyes:

An order of protection is issued to PROTECT the people named in the order. See how that works? ;)



Um, it is not the OP's duty to "protect", but the covered person to not go around. While the order's effect is to protect, the person is restrained or ordered.
Does the OP (or whoever, not covered by the order) have a legal duty to do this?

Let's fact it, the answer to the question:

is the answer to the OP's question.

ETA: The OP's QUESTION was: Can he be with me, while our son is in my care and custody?

The answer is NO, not without violating the PROTECTIVE ORDER!
 
I agree the question was:
Can he be with me, while our son is in my care and custody?
The real way to determine the answer is:
Would that violate the literal wording of the order?
And, I agree with you, I believe the answer is yes. Therefore the OP can't have the person around just because she is around.

If the OP thinks of this as a "protective order" then the question she asked can be answered differently. She probably CAN "protect" the kids when they are in her care and custody. That's why the WORDS IN THE ORDER are the only things which matter. What is the restrained person ORDERED by the COURT to do or not do?
 

Zigner

Senior Member, Non-Attorney
If the OP thinks of this as a "protective order"
You are trying to play word games. The simple fact of the matter is that this IS a protective order. Of COURSE what is in the order is what matters. But, BY DEFINITION, the order is in place to PROTECT the person listed :rolleyes::rolleyes:

If you're playing word games, then fine, whatever you say.

If you really CAN'T see it...then you ought to step back, take a breath, and then grab some coffee.
 
What you can't see is that your course of posts on this subject could lead a person to believe that if the children were her care and control could be "protected" from the party subject to the order. You shifted some duty to her and could make a person believe she could do something to have boyfriend around the kids and, as long as they were "protected" the order would not be violated.

You gave answers from a completely wrong perspective and are continuing to follow through with the error. Please follow your own advice, take the breath and get some coffee and edit your above posts to remove the legal errors you made.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top