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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26837
Experience:  Began practicing law in 1992
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In King County, Washington State in Aug 2001 my wife left

Resolved Question:

In King County, Washington State in Aug 2001 my wife left me, very soon after she filed for legal separation in April 2002. During this time she filed for and was granted a no contact/ restraining order against me. In November 2003 we divorced. I moved in 2006 to Texas and have resided here every since, she still lives in Washington State. I have since remarried, and recently discovered that the restraining order that was filed in 2001-2002 is still in force. My ex-wife and I have discussed this, and she wishes as I do to get it removed, since we both have a very civil reasonable relationship today in 2013. With this still in force, it is constantly showing up on my criminal history. Recently I applied for the right to visit a niece in federal prison and was prevented due to this issue, and when I got a traffic ticket here in Texas this also came up, as if I am some dangerous person. It is nearly 12 to 13 years later, and we both want this removed, what can be done.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Was the order issued in Washington?

Customer:

Yes the order was issued in Washington State

JD 1992 :

You will have to hire a lawyer there in WA to file a Motion to Dissolve. If your ex agrees with it then the court is likely to grant it, particularly with it being so long ago and you now living in Texas. You may even be able to get the file sealed.

Customer:

What type of lawyer do I need to hire? and...What do you mean by getting the file sealed? and... Can my Ex initiate this, since she still lives in Washington State??

JD 1992 :

You would want to hire a lawyer who does family law since that is how it pops up most often. As far as getting the file sealed the court can order it "sealed" which means no one can look inside it without a court order.

JD 1992 :

Your ex can initiate it.

Customer:

Will all this remove it from any ability or possibility to show up on a criminal history background check, or a casual inquiry both police nationwide or from police(nationwide) records???

JD 1992 :

It won't remove it if it is in their database but when they go to check it won't be there any more.

JD 1992 :

check it as reconfirm it.

Customer:

My Ex wants to know -Will it be expensive (hiring the lawyer and filing the motion). And can we file this motion without an attorney?? OR is it absolutely necessary that we get a lawyer? with this I promised I am done....

JD 1992 :

No problem.

JD 1992 :

It is probably going to cost about $1000-1500. It isn't mandatory that you hire a lawyer but the chances of getting it granted without a lawyer are pretty low. I don't think I've ever seen a judge lift an order when someone filed for it without a lawuer.

JD 1992 :

And if you get turned down then as a practical matter that wipes out any chance of getting it lifted in the future.

Customer:

Thankyou very much, you have been a great help.

JD 1992 :

You're very welcome and I'm glad I could assist.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26837
Experience: Began practicing law in 1992
Dwayne B. and 16 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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