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Questions about Immediate Restraining Order, Ex-Parte

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silentscope

Junior Member
(Washington State)

I filed, and was granted, an Immediate Restraining Order, Ex-Parte. I did this with the help of my wonderful attorney. The order covered cyberstalking and harassment and was filed as a domestic violence case. The judge had no questions, he just read the motion and approved it.

I now understand that the person that the order is filed against (Respondent) has 14 days to appear in court (they were served and we have confirmation of that, we used a service). I also understand that if they don't show up to court, the restraining order becomes permanent (up to a year) and if they do anything to violate the restraining order now that they have been served, and/or after it is made permanent after the hearing, the order turns from civil to criminal and they could be subject to arrest. I also understand that the Respondent can represent themselves or contact a lawyer to represent them.

Having said that, I have some questions :). Of course, I am working with my attorney on this, but I want to continue to educate myself as much as possible and this forum has provided a wealth of knowledge, for which I am grateful. Questions are:

1) Is my understanding of what I wrote above correct?

2) What happens between the time the Immediate Ex-Parte order was granted and the hearing in 14 days? If the Respondent gets counsel, what are their options during that 14-day period?

3) If the Respondent violates the order in any way, do I call the police first, then my attorney? Both? How is the order enforced?

4) What did the Respondent actually get served with? Do they get the entire packet of evidence that was presented to the judge?

5) What are "pro tips" for the court hearing? Being in court was incredibly unsettling, I actually vomited twice. I dressed very well (had a nice suit, etc). What are things I can do to maximize my chances of winning, if anything else? My attorney and I feel like we have a very strong case, but just want to know.

Thanks in advance for your help!!
 


quincy

Senior Member
The terms of the temporary ex-parte order must be followed. The hearing will determine whether the order is lifted or made permanent.

Any violation of the order should be reported to the police.

Your attorney will guide you in court.
 

silentscope

Junior Member
Yes, these issues are related. The Respondent continued to escalate their threatening behavior, for which there was proof, which is why the Ex-Parte was granted immediately and without questions.
 

quincy

Senior Member
The party served with the temporary order will be given the opportunity at the hearing to refute what you've said and present reasons why the order should be lifted.

Do not interrupt, do not roll your eyes, do not sputter or fuss or address the party directly. Let the other party speak. Be polite at all times.

The judge will be judging you and the other party. Appearance and attitude count.
 

not2cleverRed

Obvious Observer
Yes, these issues are related. The Respondent continued to escalate their threatening behavior, for which there was proof, which is why the Ex-Parte was granted immediately and without questions.
Regardless of whether or not the Respondent retains legal counsel, the ex is legally obligated to abide by the terms of the ex parte restraining order during the 14 days leading up to the hearing. Even if.

If, during those 14 days, the ex violates the terms of the restraining order, report it to the police. Yes, such information will help your lawyer represent your interests, but if it's important enough for a restraining order, then it's important enough to report violation(s) of the restraining order.
 

silentscope

Junior Member
Trying this as I can't get a hold of my attorney on the weekend. Can additional evidence be introduced before the hearing, such as another statement? Thanks as always!!
 

quincy

Senior Member
Trying this as I can't get a hold of my attorney on the weekend. Can additional evidence be introduced before the hearing, such as another statement? Thanks as always!!
You can support your case with whatever evidence you have available during the hearing. Take witnesses if you have them.

If you know or have an idea of what the other party will be saying or presenting as evidence, you will want to be armed with evidence of your own to refute what is said.

Discuss everything with your attorney. Your attorney will know how to present your need for a permanent order.
 

silentscope

Junior Member
Thanks Quincy. The hearing is next week. I found another piece of evidence that wasn't part of the initial filing, that is important to the case, hence the question. I'm certain that my attorney will respond soon, I texted them. Really appreciate your help.
 

quincy

Senior Member
Thank you for the thanks, silentscope.

I wish you good luck in your hearing next week. I hope it goes smoothly.
 

stealth2

Under the Radar Member
OP, it is always greatly appreciated when posters are polite and thank the volunteers here. *I*, for one, always appreciate those who are sincerely attempting to educate themselves - as my lawyer told me - they make the best clients.
 

silentscope

Junior Member
From the bottom of my heart, I would like to extend my deepest gratitude to the good folks here who freely give their time and knowledge.

My full hearing was today. Previously, respondent requested a 14 day extension, which the judge granted. The protection order was granted for a year, with all clauses asked for. The judge ordered the website taken down within 24 hours. It was an unanimous victory.

This was a very technical case, and every bit of preparation helped. Having this forum as a soundboard and pointing me in the right direction when necessary (and of course always advising me to seek the advice of my attorney, which is incredibly good advice), has been super helpful. My attorney even remarked on the fact that I was a very educated client, and you were a part of that.

Again, thank you. After over a year, it feels like a mountain has been lifted off my chest.
 

quincy

Senior Member
From the bottom of my heart, I would like to extend my deepest gratitude to the good folks here who freely give their time and knowledge.

My full hearing was today. Previously, respondent requested a 14 day extension, which the judge granted. The protection order was granted for a year, with all clauses asked for. The judge ordered the website taken down within 24 hours. It was an unanimous victory.

This was a very technical case, and every bit of preparation helped. Having this forum as a soundboard and pointing me in the right direction when necessary (and of course always advising me to seek the advice of my attorney, which is incredibly good advice), has been super helpful. My attorney even remarked on the fact that I was a very educated client, and you were a part of that.

Again, thank you. After over a year, it feels like a mountain has been lifted off my chest.
I am happy that the hearing went well for you, silentscope. Thank you for providing the update.
 
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