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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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There, I lived separately from my wife in another state.

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Hi there,
I lived separately from my wife in another state. But two days ago my wife informed me that someone in the state of Washington filed a temporarily protein order of anti-harassment against me. The individual just filed one against me in July and got dismissed with prejudice.
The point is that I was not served when the police delivered the notice of hearing to my home address. I am living and working out of state. I called the Court and the staff didn't not what to do.
I obviously don't want to disclose my new address to the plaintiff. But I don't want to act like hiding from the service.
What should I do? I do want to get the petition and start preparing my affidavit.

Hello and welcome.

My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did your wife indicate that you do not live at that address or did she accept service for you?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

My wife told the police office that I moved out of the state and didn't accept the service for me. The police officer didn't even ask where I am. when I checked the case online, it says " return of service/not served".

But I know lawyer can get the petition somehow online. That is what my attorney did it last time. However, I didn't do anything wrong and want to fight the order this time by myself. I have no money to travel from east coast to west coast fighting the TPO anymore.

I see. Do you know how to access the court's docket report? In which court is the case pending?
Customer: replied 3 years ago.

Yes, it was filed at Snohomish county superior court by xxxx xxx. You can get it via this website http://dw.courts.wa.gov/index.cfm?fa=home.casesearch&terms=accept&flashform=0&tab=sup

Case Number: 13-2-01244-6

I see. Thank you for that information, Tim. I cannot actually use the search function without your last name, but you have been unable to obtain a copy of the petition through this function?
Customer: replied 3 years ago.

Oh, just use her names: xxxx xxx.

I am unable to obtain a copy of her petition. I can only see the docket information. But I know lawyers can get it through a program (Lexis???).

Oh yes, PACER is available for attorneys to obtain case information but you do typically need to retain an attorney or paralegal to obtain that information through that site if the court's site does not make it publicly available on-line. That is not something I can do for you through this site. I'm sorry.

If you have a legal question, I would be happy to assist you with that, but I cannot provide advice or represent individuals through this site based on the TOS we both agreed to.
Customer: replied 3 years ago.

My question will be what I should do now:

wait to be served ( I don't know how)

Or can I call the court and ask them to email me a copy? I doubt they will do it. The court clerk wasn't answering any of my questions.

Since you do not wish to retain an attorney or travel cross country to defend in the matter, I would typically wait to be served with the petition. If it was filed by the same person whose petition was dismissed with prejudice and they are making the same allegations against you, then you would typically need to file a motion to dismiss the case on that basis.

But if you otherwise want to defend in the matter, you would either need to retain an attorney or travel to the court yourself normally, so I would wait to be served normally since your constitutional right to due process prevents a judgment from being entered until you are served with notice (a copy of the summons and petition) and have an opportunity to be heard.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.

when I called the court, the person told me that she filed a new petition of 90 pages. So I am sure this is something new. Her old petition cannot be re-filed without new evidence according to the law.

Because I am out of the state of Washington, last time they did tell me that I can defend myself by having a phone conversation during the hearing.

Regardless, I just want to see the petition because I am sure it would be full of lies again.

Hello again, Tim.

That is a pretty hefty complaint and there would be substantial cost to have it printed out, so I would wait to be served. Once you are, then you would normally need to file an answer with the court, provided that there are new allegations, and request a telephonic hearing if the court permits those in such cases.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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