Lying to Get R/O

[THE1involved]

What is the name of your state (only U.S. law)? WA
As posted in Abusing the System that is now closed!
Ok for 1 nobody is being sued like the post #2 has stated. What happens is you get served, you have a temporary restraining order, 2 weeks from the date filed there is a hearing for both parties to show up and not both always do then a perm restraining order is placed in effect for 1 year depending on the circumstances and if the judge deems it necessary. Nobody testifies or is subpoenaed like some of the other posts have said to wait for. It is a one time quick like hearing.
If I want evidence that it is her that is harassing me do I need to have all my evidence put through the court system prior to the date of this hearing? ie Phone records, police reports, prior restraining order, order of prior to be dismissed etc. Last time the the restraining order was placed I did show up but did not want to fight the order cause I wanted it so she would stay the f away from me. Then I was a sucker and stupid to take her back she had to go to the judge to have the R/O dropped. She told the judge that the problems were actually from her ex-husband, that it was him that was controlling and abusive and he was the one that pushed the issue for her to get a R/O on me.

 

[CdwJava]

Nobody testifies or is subpoenaed like some of the other posts have said to wait for. It is a one time quick like hearing.
If I want evidence that it is her that is harassing me do I need to have all my evidence put through the court system prior to the date of this hearing? ie Phone records, police reports, prior restraining order, order of prior to be dismissed etc.

Are you saying that WA R/O hearings do not permit testimony? Then what do they base their rulings on? The submitted written affidavit and the written response?

If this is truly the case, I would suggest that you find out how to do so and then submit all your documents through the appropriate court channel to have it included in the official record for the judge's consideration.

- Carl

 

[THE1involved]

Well I am guessing that the judge will make part of the decision on the statements from original filing she did to get the temp R/O. In that paperwork she has pretty much repeated herself from the prior R/O that she then turned around and dropped 30 days later because she wanted to get back together with me. I know I shouldn't have but we are past that now. I did just call to find out if I can retain an attorney and I can't it is a civil matter at this point if indeed the prosecuting attorney decides to pursue this madness then it would become criminal and I would be able to request an attorney at that time. So the police report is at the prosecuting attorney for review but they only have 72 hours to charge me with criminal D/M and that time has elapsed but that doesn't mean that a judge will not grant a perm R/O. I hope all this makes sense on here because I feel like I am rambling but trying to give as much info as a I can to be able to get the best advice I can. I do feel bad for my sister because she was only trying to help and get info for me as they were general questions she was trying to ask in the other thread.

 

[THE1involved]

In hindsight I guess I should have cared about her filing the first one and fought it but I didn't care because I had no intentions of going around her (so I thought at the time) hence us getting back together. Now my only problem with the R/O is we have a house together that is for sale, I can not get the rest of my stuff, one of my children go to the same school her children go to and I cannot go to pick up/ drop off or go to any functions of my childs because her children are listed on the R/O and I would like to get the rest of my stuff (mainly left are about 8 boxes of my deceased father's belongings).

 

[CdwJava]

I did just call to find out if I can retain an attorney and I can't it is a civil matter at this point

Since when can you not hire an attorney for a civil matter? Is WA that out of whack??

You might consider calling an attorney and not asking the clerk at the courthouse over the phone.

I can see that a court might not care to tie up a civil court with a whole lot of witnesses lined up that will merely support their friend or family member, but I cannot see that they will not allow an attorney ... unless it is similar to small claims court, or they do this in an attempt to keep the field even. In any event, I would recommend you call an attorney and ask him or her whether or not you can be represented at an R/O hearing, not the clerk fo the court.

So the police report is at the prosecuting attorney for review but they only have 72 hours to charge me with criminal D/M

What's "criminal D/M"? Plus, who told you they only have 72 hours to charge you? That's not true. The state can prosecute you any time prior to the passing of the statute of limitations. 72 hours is likely the time they have to arraign you if you were in custody, NOT the time they have to file charges if a report is taken.



- Carl

 

[CdwJava]

In hindsight I guess I should have cared about her filing the first one and fought it but I didn't care because I had no intentions of going around her (so I thought at the time) hence us getting back together. Now my only problem with the R/O is we have a house together that is for sale, I can not get the rest of my stuff, one of my children go to the same school her children go to and I cannot go to pick up/ drop off or go to any functions of my childs because her children are listed on the R/O and I would like to get the rest of my stuff (mainly left are about 8 boxes of my deceased father's belongings).

Exceptions can usually be made in R/O's to allow for peaceful contact for visitation, etc. I suspect that the same sort of arrangements can be made here.

- Carl

 

[THE1involved]

Exceptions can usually be made in R/O's to allow for peaceful contact for visitation, etc. I suspect that the same sort of arrangements can be made here.

- Carl

I am not asking for visitation. She has two children not mine and I have three children of mine not hers. My youngest child goes to the same school her children do. In the temp R/O her and her children are listed and the box is checked were it specifically states I am not allowed to go to their school/daycare, place of employment etc. It is not a matter of me wanting to see her children. Just for me to be allowed to go on with my life as well as my children. I can't just pull my son out of school because of this so right now between my sister and mother they are taking him to school because if I do I could be arrested.

 

[CdwJava]

I am not asking for visitation. She has two children not mine and I have three children of mine not hers. My youngest child goes to the same school her children do. In the temp R/O her and her children are listed and the box is checked were it specifically states I am not allowed to go to their school/daycare, place of employment etc. It is not a matter of me wanting to see her children. Just for me to be allowed to go on with my life as well as my children. I can't just pull my son out of school because of this so right now between my sister and mother they are taking him to school because if I do I could be arrested.

Same theory applies. An exception can be made that will permit this.

- carl

 

[THE1involved]

Since when can you not hire an attorney for a civil matter? Is WA that out of whack??

What's "criminal D/M"? Plus, who told you they only have 72 hours to charge you? That's not true. The state can prosecute you any time prior to the passing of the statute of limitations. 72 hours is likely the time they have to arraign you if you were in custody, NOT the time they have to file charges if a report is taken.

- Carl

I am not real sure what criminal Domestic Violence is because last time she did this the police report was sent to the prosecuting attorney ( I think this is probably general procedure in Domestic Violence R/O) and nothing happened because there was no violence nor is there in this one. She has stated in her report that when I get mad I throw things (lie) well not necessarily a lie I did get mad one time when we were arguing about $25,000 missing from the bank account, I walked outside and kicked this 2 foot wooden bear and broke its nose. She still doesn't know what happened to the money even though I got from the bank withdrawl slips with her signing for it. Yeah I was pissed but have never laid a hand on her or any woman. The police did not arrest me for anything and the 2 foot bear didn't press any charges. I think this whole thing is just to make an inconvience for me. She says she fears for her safety in the R/O paperwork. This is ridiculus. I was still with her after the money issue and me breaking the nose of the garden bear. If she fears me why did she have the previous R/O dropped to get back together (that one was prior to the bear incident.)

Oh I just seen your reply bout the school thing. What about the house being for sale and the rest of my belongings?

 

[CdwJava]

Oh I just seen your reply bout the school thing. What about the house being for sale and the rest of my belongings?

In my state the court can put in to the order issues allowing for the division of property. They can allow for an exception to permit you to retrieve those items from your home that are NOT in dispute. If items are in dispute as to ownership, another court will have to decide upon that division.

As for the sale of the house and the division of assets, that is an issue for the divorce court.

- Carl

 

[THE1involved]

Just thought of another question. I was not formally served papers. I figured she would do this since this is her MO since she has had 3 on her ex and now this be the second time on me, I went to the county clerks to get the paperwork. The clerk told me I should already have the paperwork since I was already served, I told her no I have not. She opted to have a private party serve me and I never was so my guess whomever she had serve me didn't do it properly and she is hoping I won't show up for the hearing. Not sure what to think of that whole thing. Anyway my question is can I request a copy of the serving paperwork because I am curious what day, where and time I was supposedly served? I could poke holes through it depending on what that info says. I know whomever serves the paperwork has to report it to the court clerk.

 

[CdwJava]

Just thought of another question. I was not formally served papers. I figured she would do this since this is her MO since she has had 3 on her ex and now this be the second time on me, I went to the county clerks to get the paperwork. The clerk told me I should already have the paperwork since I was already served, I told her no I have not. She opted to have a private party serve me and I never was so my guess whomever she had serve me didn't do it properly and she is hoping I won't show up for the hearing. Not sure what to think of that whole thing. Anyway my question is can I request a copy of the serving paperwork because I am curious what day, where and time I was supposedly served? I could poke holes through it depending on what that info says. I know whomever serves the paperwork has to report it to the court clerk.

You should be able to obtain a copy of the proof of service.

However, I am not from your state so the procedures might be a little different.

- Carl

 

[THE1involved]

As for the sale of the house and the division of assets, that is an issue for the divorce court.

- Carl

We are not married. We have been in the house about 2 and half years. As far as furniture there were two sets of everything I took one set she has the other set even though I bought it all I was only one working for the last 3 years. I thought I was being generous and this is what I get. She very well could dispute the boxes of my fathers belongings just to be difficult couldn't she?

 

[THE1involved]

The boxes contain paperwork, books from my dad and other misc. things such as that nothing of value monetarily. Just things my sister and I had not gone through as of yet. So more on a sentimental value more than anything.

 

[CdwJava]

We are not married. We have been in the house about 2 and half years.

Then replace "divorce court" with "civil court". A judge will have to decide who owns what if there are any disputes over ownership.

As far as furniture there were two sets of everything I took one set she has the other set even though I bought it all I was only one working for the last 3 years. I thought I was being generous and this is what I get. She very well could dispute the boxes of my fathers belongings just to be difficult couldn't she?

Yep. If you get a loophole to show up with the cops ofr a civil standby, and she disputes your ownership or claim to any property, dollars to donuts it will remain there.

The boxes contain paperwork, books from my dad and other misc. things such as that nothing of value monetarily. Just things my sister and I had not gone through as of yet. So more on a sentimental value more than anything.

But, the police are not going to be in a position to decide who should own what or why. Until a judge decides otherwise, any disputed property will almost certainly be remaining at the home.

- Carl