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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The respondent threatened to beat my daughter to f&*()^% death

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The respondent threatened to beat my daughter to f&*()^% death if she came to see her children. A protem ruled that not enough evidence to warrant permanent restraining order. Subsequently the commissioner we have had problems with all along....The one that ignored statements saying GAL lied..ruled a reduction in time for my daughter to talk with her children via phone and that all conversations be recorded when talking with Mother. Dont these children have a right to privacy?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for requesting me.

I am sorry for your family's ongoing situation. You are essentially asked several things here, and I can touch base on all of them.

Right to Privacy
While generally speaking, all parties must agree to taping of conversation per Wash. Rev. Code § 9.73.030, there is a caveat for minors. Minors do not have the same privacy rights, per se. So yes, their conversations may be taped by their parents, much like parents may enter the minors' room without permission, etc. So I am afraid the ruling is lawful.

Recusal
It sounds like you are having a lot of issues with the Judge. If you feel that the Judge is unfair past the point of impartiality, discuss recusal with your attorney. A judge may be recused if you show impartiality is an issue. You'd have to demonstrate prejudice on the part of a judge. State v. Cameron, 737 P.2d 688, 691 (Wash. Ct. App. 1987). However, casual and unspecific allegations of bias are not sufficient to establish a reversal on appellate review. Id. So you would need clear proof. See also Wash. Rev. Code §3.34.110, §4.12.040, et seq.

Appeal
Know that you have a right to appeal the decision to the interlocutory court. Generally speaking, you have 30 days to do so, per Rule 5.2.

Again, my apologies for not bringing good news. I am sure you wish to hear the actual answer, as opposed to what you wish to hear, but may be false.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89143
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Family Law Specialists are ready to help you

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