Permitted Mode of Communication during Protection Order

[Jaic]

Jurisdiction

Washington

My wife and I are non-US citizens (from Philippines). I've been issued a protection order for 12 months; and we're separate since 6 months. I'm on a work visa, and my wife is on a dependent visa. For personal reasons, I'm planning to move to my home country. Since I've to resign in the US, and that would have possible implications, including but not limited to, my wife's immigration status and health insurance, I want to communicate that to her a month before my resignation. There is no dissolution proceeding; or maintenance orders in effect.

In the light of Protection order, how can I communicate to her? Also, will it be a violation of PO if I don't communicate?

 

[army judge]

In the light of Protection order, how can I communicate to her?

If you were directed to avoid all contact with your spouse, pursuant to an order of protection you are best advised to heed the judge's admonishment and the words on the order to NOT make any attempt to communicate with the other party.

The admonishment in open court simply states you are not to call her by telephone, contact her via email, carrier pigeon, use a third party to contact the other person, send her/him mail via the US Postal Service, overnight carrier, as in FedEx, etc...

In summary don't communicate with the person at all for any reason.

I suggest you refresh your recollection and carefully read your copy of the order. It isn't complicated, and provides you with no wiggle room, simply don't contact the protected party, unless you'd enjoy being held in contempt, arrested, booked, and spend a few days (maybe weeks) in a filthy, county jail, filled with all manner of thugs, savage human vermin, killers, rapists, kiddie diddlers, sexual deviates, drug addicts, and an assortment of disease infested, subhuman life forms.

will it be a violation of PO if I don't communicate?

Probably not, as not communicating is precisely what you've been ordered to do.

 

[Jaic]

Thank you for the response.

I've been in compliance with the order since the day its in effect. I was skeptical if my non-communication of leaving the country be seen as harassment given the implications my actions will have on her (Immigration and health insurance). I posted the query to hear from the knowledge of the forum as ignorance can't be the excuse in this matter.

Thank you for sharing your view.

 

[adjusterjack]

There is no dissolution proceeding

Then I suggest you hire a lawyer and file for divorce. Any communication gets made by your lawyer, through the court, and is protected.

I've read that it's almost impossible to get a divorce in the Philippines so you would be wise to take advantage of your WA residency and do it there.

Once she is served the Petition for Dissolution, it's up to her to figure out what to do about her immigration status.

 

[Jaic]

Then I suggest you hire a lawyer and file for divorce. Any communication gets made by your lawyer, through the court, and is protected.

I've read that it's almost impossible to get a divorce in the Philippines so you would be wise to take advantage of your WA residency and do it there.

Once she is served the Petition for Dissolution, it's up to her to figure out what to do about her immigration status.

Dissolution of marriage isn't my preference; so that isn't an option.

Also, move to Philippines isn't permanent; I plan to be back in a year.

Can I hire attorney just to send this communication? Or, can I ask court clerk to pass the information?

 

[Tax Counsel]

In the light of Protection order, how can I communicate to her? Also, will it be a violation of PO if I don't communicate?

I have not read the order of protection to see what it requires of her and what limits, if any, it has for you. How you may contact her, if any, depends a great deal on exactly what the order says. In light of your plans, I suggest you have the order reviewed by attorney who handles domestic relations cases to find out what is the best thing for you to do.

 

[adjusterjack]

Can I hire attorney just to send this communication? Or, can I ask court clerk to pass the information?

Depends on the terms of the order.
I doubt that the court clerk would help.
Having an attorney send is a good idea.

 

[Jaic]

Depends on the terms of the order.
I doubt that the court clerk would help.
Having an attorney send is a good idea.

Thank you. I would try that.

Also, an action of this nature (leaving the US) that has potential implications on her immigration status, if not communicated, would that be treated as harassment (thereby violation of protection order)?

 

[adjusterjack]

No idea.

Do yourself a favor and consult an attorney.

 

[zddoodah]

I've been issued a protection order for 12 months

Is this a mutual protective order, or does it only restrain your wife?

In the light of Protection order, how can I communicate to her?

By phone. In writing. Smoke signals.

I assume this isn't what you actually meant to ask, and that your intent was to ask if it's legal for you to communicate with her. Obviously, no one who hasn't seen your order can answer that question intelligently, which is why I asked you the question above.

will it be a violation of PO if I don't communicate?

I don't see how it could be, but again, no one here has read your order.

Can I hire attorney just to send this communication? Or, can I ask court clerk to pass the information?

Communicating through an agent is typically regarded as the same as direct communication, and you can, of course, ask the court clerk to do anything you like. However, court clerks do not exist to be personal messengers.

I suggest you take your order to an attorney and seek advice.

 

[doucar]

Is this a mutual protective order, or does it only restrain your wife?



By phone. In writing. Smoke signals.

I assume this isn't what you actually meant to ask, and that your intent was to asking if it's legal for you to communicate with her. Obviously, no one who hasn't seen your order can answer that question intelligently, which is why I asked you the question above.



I don't see how it could be, but again, no one here has read your order.



Communicating through an agent is typically regarded as the same as direct communication, and you can, of course, ask the court clerk to do anything you like. However, court clerks do not exist to be personal messengers.

I suggest you take your order to an attorney and seek advice.

You could have your attorney give it to her attorney.