Why is it okay for a Petitioner to violate a restraining order/no contact order?
According to Washington state laws, the respondant has the soleresponsibilty to avoid or refrain from violating the order'sprovisions. If the petitioner no longer wants a protection order, or needs to haveit modified they must get a court order terminating or modifying theOrder for Protection. information obtained from http://www.womenslaw.org
Reply to Stephen's Post: Thank you Stephen for responding, I already knew about the info you provided. I was trying to find out if the Petioner can get into trouble when the Petioner tries to deliberately set up the Respondant and get the Respondant into trouble.
Can you please elaborate on your question?
Why was the restraining order filed?
What is the Petitioner doing that is causing problems?
Peace, Love & Happiness,
The Mystic Wave
No the petitioner will not get in trouble. From the same source the following is stated
can be arrested even if you invite or allow the respondent to
violate the prohibitions contained in the order.
So even if the petitioner is inviting or encouraging violation, the respondant is still solely responsible for violating the order.
Reply to The Mystic Wave's Post: To be completely honest to situation okay...
My boyfriend(Respondant) has a difficult ex-wife(Petioner), she has, over a course of time, damaged the relationship between Father and Daughter. It has been a constant battle with her on everything. The Daughter is 15 years old and was living with her Father, she has been quite combative ( has hit her Father more than once and went to Detention), explosive temper, real vulgar language (mainly towards her Father). She has been wanting to go live with Mom (Mom has past CPS and Police reports on herself for physical abuse on 15 year old and 6 year old boy). On May6 of this year My boyfriend was out and about with his kids (15 year old and 6 year old) shopping for Mom's Day. 15 year old got mad at her Father and started to call him a Mother F---ing B-----d more than one time, this is while they are traveling in the car, He popped her in the mouth once, the rest time he open handed cupped her on the back of the head each time she used the vulgar language. When they got to their destination, he left her in the car, she in turn called her Mother, from there Mom got her went to police station and No contact order was gotten and 15 year was removed from our Home. Restraining order was for Domestic Violence. This Man, by nature, is not violent. Our usual way to disapline the children is time out and/or privleges taken away. The ex-wife (Petioner) has called the house ( unfortunately my 8 year old answered the phone) and a couple of days ago had a call come in from some woman I did not know, she left a message like she knew me and wanted me to call her back the following day, if I would have done that it would have showed up on her caller ID my boyfriends name, what she does not realize is that when she called it showed up the name and number of the place she works and the Petioner is the Quality Control person for that facility.I kept the message and ID. I know that protection orders are a great thing for people who really need them but in this particular case the Petioner is using it to cause further problems for the respondant, why she does it is because the Respondant does not give up his fight for his children. I personally do not condone hitting a child but I honestly have had my moments when I felt like taking the 15 year old over my lap and spank her a good one, we have younger children in the house she uses it in front of them (6 year old has come out with a word here and there). The whole situation is so messed up. We now have to monitor incoming calls before answering them. Petioner now faces Contempt of Court and perjury charges and I know she is going to do whatever she can to use the restraining order to cause further problems. I am at my whits end and looking for answers and advise. Thank you.
Thank you so much for responding and providing this information. I am very sorry for your boyfriend's situation and how this is affecting you as well.
I'm a little lost here - if you can please help me out - I want to get a clear picture of what is going on so that I can provide you with a legal response:
I don't see how the mother (petitioner) can use the restraining order to cause further problems. What exactly has your boyfriend done since the restraining order was filed - and why is the mother (petitioner) now faced with contempt of court and perjury charges? Who filed the charges and when is the hearing date?
What exactly does the restraining order dictate? (no telephone contact, no personal contact??)
Please let me know.
Thank you kindly.
Reply to The Mystic Wave's Post: There is to be no contact by phone, in person, by mail, or by a third. He is doing nothing to violate the order.
When she called the house about a week ago my daughter answered, but if he had been home and answered she could have gotten him in violation of the order.We now this.
The order covers the ex-wife and 15 year old but not the 6 year old, the 6 year old does call our house but we wait and let the answering machine pick up before we answer.
She had a co-worker call the house while I was at work, the caller wanted me to call her back the following day(the number to call back is where the Petitioner works) our number would show up on her work caller ID and the number is XXXXX his name, she could have used that against my boyfriend saying he was harrassing her at work and made it look like he violated the order.
The contempt of court and perjury charges stem from statements she has made in other court documents, the only way I can put it simple right now is that she has lied, changing what she has said from one court paper to another.False statements she has said while on the stand and reports she has made. This part is so complicated to explain. The contempt of court is set for August 19 and she had claimed the kids on her Income tax return and she is only suppose to claim one child and he claims one child. There has been so many court appearances this past year. Mainly because she has been wanting to get the Daughter to live with her ( he had custody of the 15 year old and she has custody of the 6 yearold)
Anyways knowing how she is she will try anything she can think of to try and set my boyfriend up and get it to look like he violated the order.
There is a court time coming up soon with Family court concerning the children.
He did have court for the Domestic Violence, he took a plea bargin on that, simply because he did not want his daughter to go thru the trauma of testifying against him, he did an Alford Plea.
Anyways,I am fustrated because she does what she does and gets a way with it.
Thank you for sharing this information with me - again, I'm very sorry for your boyfriend's situation.
As far as his ex is concerned, being that she is the one who filed the Restraining Order against him, requesting no contact by phone, or by a third, by law, she appears to be in violation of the Restraining Order. Thus, your boyfriend can go to court to appeal to the judge in order to have it revoked.
Your boyfriend should consult with a paralegal's office for assistance in the preparation of court documents.
Is there something else you and your boyfriend wish to know concerning the Restraining Order or other concerns that you may have in this matter? If so, please let me know so that I can further assist you.
Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada, only. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.
30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
Reply to The Mystic Wave's Post: Thank you so much, that helps a lot. My friend told me that he could go to court and have it invalidated but wasn't sure if she was right or not. Again thank you for your ear and time.
Reply to Stephen's Post: Thank you Stephen. I already knew about that also.
Thank you very much for accepting my response, it's greatly appreciated. Please let me know if I can offer you any further assistance.
My very best to you and your boyfriend.
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