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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
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Can a petitioner deactivate a respondents cell phone and

Customer Question

can a petitioner deactivate a respondents cell phone and then reactivate it for monitoring and if not what kind of penalty would they violating
Submitted: 11 months ago.
Category: Family Law
Expert:  Bill Attorney replied 11 months ago.

This is attorney Bill offering legal assistance today. Just to get a better idea of your legal question can you tell me some of the following:

Who has interfered with your daughter's cell phone ?

Are there are any court orders in effect ?

Who is the petitioner or what has been filed ?

What is the nature of the harassment ?

Attorney Bill

Customer: replied 11 months ago.
Husband so harassing her constantly she has a restraining order against her and he keeps violating it going to see her legal Monday but lots going on in need to now with all that he is doing what kind of harassment or stalking this is I am going to push her for both he has threatened to shoot her and just about every thing posable that he can ask far as putting fear into her and me now I am here father and totally have had a nought
Expert:  Bill Attorney replied 11 months ago.

Washington law on harassment for violation of a no-contact order provides for criminal consequences.

Specifically :Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.

Hence, she needs to contact police when there is a violation and they are obliged to act on the order and usually detain subjects pending a hearing of the violation.

You should ensure that her local police station have a copy of the order on file.

Besides violation of the order, a threat to kill or cause harm is a felony harassment and needs to be reported to police. This is more serious offense than just harassment with more serious penalties for a perpetrator of making a criminal threat to cause harm.

This should be separately reported. The police are required to investigate and bring to justice after you make a complaint. You can make the complaint yourself, as it doesn't need to be made by your daughter specifically.

If they fail to take an action, you can follow through with the District Attorney.

Please follow up with me if you need more information.

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Attorney Bill