Abusing the system!

[inwa]

What is the name of your state (only U.S. law)? Washington State. My brothers' ex is a piece of work. It is truly sad to see woman abuse the court system when there are people out there that need protection. This girl has been in the court system since her ex-husband, she went through the system for divorce, along with that came the Protection Order for DV. Then gets together with my brother and when they have an argument at the drop of a hat calls the police on him (police do nothing because no crime was committed), then turns around and gets a restraining order on him. Gets the Protection Order dropped on her ex and is with him for month or two. Drops my brothers restraining order gets back together with my brother and here we go again! Another restraining order, she has totally lied in the restraining order paperwork. He was moving out, the police were called out 3 times (no crime is commited), and once the day after still no crime is commited. Now she fears for herself and children. She is a nutcase. Went to the courthouse to get all the reports of her filing and dropping restraining orders. Pulled up cell phone records, she called my brother 18 times in 12 minutes and even more than that in the last month that one isn't even the best run. She says she just wants her and her kids not to be in fear and be at peace. WHAT! Than quit calling my brother day and night every minute of the day. I am going to court with him bringing all of this, will a judge even look at this stuff?? Like I said this is truly sad that people can waste the time of the police and the court system like this and hope we can prove a pattern! So the next guy she is with will not suffer the same.

 

[Gail in Georgia]

What, exactly, is your brother going to sue for? Getting too many phone calls in a set period of time?

The ex isn't the only one wasting the courts time.

Tell your brother to focus on finding a better class of girlfriend and to change his phone number and let it go.

Gail

 

[Hot Topic]

Why are we hearing from you instead of your suffering brother?

I love the way you start your post by claiming that society needs to be protected against women who abuse the court system. Maybe the system needs to be protected against men like your brother who resumed his relationship with a woman who had filed a, you say, phony restraining order against him, then did it again. That says a lot more about your brother than it does the girlfriend.

This is your brother's problem, not yours. If he was man enough to get involved with a woman with kids, he's man enough not to need his brother to hold his hand when the relationship soured. Keep in mind that your brother not only picked her, he moved in with her.

 

[inwa]

It isn't that he is sueing for anything. He has to go defend himself because of the restraining order against him. He doesn't have any problems staying away from her but they do have a house together and if this goes into effect he will not be able to get the rest of his stuff out. Not to mention the house is up for sale and she has already told him she will not cooperate with real estate agent to show the house to get it sold. They have no children together but they both have children that go to the same school different ages. This all happened last weekend, she got the temp restraining order that Monday, went to the school told them that my brother and his children moved out of the district to cause more problems. If this restraining order is granted then he will not be able to go to the school to pick up/drop off, go to any of the school functions.

 

[inwa]

Just to set things straight I am not his brother I am his sister! Why am I involved because he is my brother and my nieces and nephew and they are my family. Yes, I want to kick him everytime I think about him getting back together with her. My brother is a very passive person, has custody of his 3 children and has never laid a hand on any woman or man for that matter. His ex-girlfriend came out of an abusive relationship and then got together with my brother.

 

[inwa]

So far she has been very vindictive(sp?) all he wants to do is get the rest of his stuff and for her to quit bothering him. The first time the cops were called out the cop leaned more towards my brother because when the cop questioned her and her children together the story was different. When the cop questioned my brother and his children it was for the most part the same and they were not together when questioned. After all this my nephew who is 9 told me that her children had told him sorry that they lied to the police about his dad. WTF. Why would you encourage your children to lie to the police or even involve them in any of this. The cop later called my brother and told him to make sure he had other witnesses with him at all times while he was moving the rest of his stuff out, gave him his card with his cell phone on the back.

 

[Just Blue]

Repete this phrase:

It's none of my business. Brother is a big boy and can deal with his own issues. It's none of my business. Brother is a big boy and can deal with his own issues.

 

[inwa]

Okay. Let me try to get this straight. Isn't this a free legal advice forum?
First off, the computer that he should be using to do this is in the house that he owns that he can no longer return to because of the temp restraining order.

Second, as a sister, brother, or friend, (because it doesn't really matter who I am) I, myself, as well as other friends and family members, are just looking for anything that can help. We are all in this together. Obviously we cannot find it here.

My third issue deals with my involvement. I am one of the witnesses that my brother was recommended to have, as he was told by the police officer.

Number four. You all must be avid men haters. You had me pegged as a man only because I am sympathizing with him and not her. If my brother was guilty of these things that she has accused him of, I personnaly would have kicked the crap out of him.

Now, can I get some real legal advice, or are you all going to ridicule me som more?

 

[CourtClerk]

Okay. Let me try to get this straight. Isn't this a free legal advice forum?

Yes, yes this is.

First off, the computer that he should be using to do this is in the house that he owns that he can no longer return to because of the temp restraining order.

Are there libraries in your community? If the internet is not something he has access to, then perhaps he should visit places where he DOES have access to.

Second, as a sister, brother, or friend, (because it doesn't really matter who I am) I, myself, as well as other friends and family members, are just looking for anything that can help. We are all in this together. Obviously we cannot find it here.

We aren't here. You are. As this isn't YOUR legal issue, there is nothing to advise YOU.

My third issue deals with my involvement. I am one of the witnesses that my brother was recommended to have, as he was told by the police officer.

Then make yourself available for any trial where you will be subpeonaed. There is YOUR legal advice.

Number four. You all must be avid men haters. You had me pegged as a man only because I am sympathizing with him and not her. If my brother was guilty of these things that she has accused him of, I personnaly would have kicked the crap out of him.

I personally love men, but can also legallly advise you that if you kicked the crap out of anyone, then you would be needing a criminal attorney, as battery is against the law in all states.

Now, can I get some real legal advice, or are you all going to ridicule me som more?

Yes, legally, this is not your issue to deal with. If you were to walk into any attorney's office and hand over a check (because their advice would not be free), they would tell you the same. They need to speak to the DIRECTLY INVOLVED party. No one is going to waste their time on third party supposition, neither is anyone on this board.

 

[inwa]

What I've gotten out of this is that, as a witness of abuse, I should mind my own business unless subpoenaed. You've all been a huge help. You have solved all issues. Thank you so much. The world is a much better place now.

 

[Perky]

I understand and agree that the brother should be posting his own legal questions, but all she really wants to know is:

will a judge even look at this stuff??

...and I don't know, but I do think that your brother should have a lawyer so that IF the evidence can be presented, it is done according to proper procedure. Otherwise, it may be thrown out.

 

[inwa]

I understand and agree that the brother should be posting his own legal questions, but all she really wants to know is:



...and I don't know, but I do think that your brother should have a lawyer so that IF the evidence can be presented, it is done according to proper procedure. Otherwise, it may be thrown out.

Thank you for understanding what my question is and a decent answer that actually makes sense! I have looked at some other forums and think he may be able to contest the restraining order, request a evidentiary hearing, and show the prove he has along with all the witness statements and police reports I went to the courthouse to get for him. Thank you again perroloco. Tuff and cold crowd here! (If you see someone drowning would you stop to help?)

 

[Perky]

Tuff and cold crowd here!

For the most part, that's just not true. CourtClerk and BayStateGirl are both knowledgeable and helpful members who understand the court system far, far better than I do. They do, however, prefer to answer questions from the actual principal in a court case, for obvious reasons. When you get to court, you will probably find that your presence as a third party will not help your brother unless you take a back seat in the proceedings. That's why you got the responses you did. Not 'tuff and cold', just realistic and experienced.

 

[inwa]

How about them just flat out telling me that they would need to have him post the information instead of the responses I got ridiculing me. So still firm believer of tuff and cold crowd maybe even sarcastic. Just frustrated about the response I got, my goodness what if it were my brother posting the same info. I was just looking for some kind of direction to point him in.

 

[Just Blue]

How about them just flat out telling me that they would need to have him post the information instead of the responses I got ridiculing me. .

From post #3:

Why are we hearing from you instead of your suffering brother?