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Establishing full TRO when respondant has lawyer

Discussion in 'Protective & Restraining Orders' started by But... MOOOMMMMM, Nov 16, 2019.

  1. But... MOOOMMMMM

    But... MOOOMMMMM Law Topic Starter New Member

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    Jurisdiction:
    Washington
    Looking for guidance in wording a response. (am willing to upload redacted version of lawyers response.

    The response received shows the following 3 cases.
    Since a threat is usually, just words, how can one show "inflicted fear of... Harm"

    I'm looking for a way to rebut this, showing that fear from verbal threats (threatened to kill if ever divorced) IS enough to feel threatened when the respondant is a current drug user (Cocaine, admitted in his statement to the court) and owns more guns than most SWAT police officers carry in their vehicle.

    Getting a lawyer isn't an option, as even low income clinics aren't available given the 10 days time until the court date.
    DV advocates at court are... Less than helpful.

    Thank you
    ----
    Petitioner has not shown that Respondent has inflicted the fear of imminent physical
    harm, bodily injury or assault. RCW 26.50 “does not require infliction of physical harm; rather,
    the infliction of ‘fear’ of physical harm is sufficient.” Hecker v. Cortinas, 110 Wn. App. 865, 870,
    43 P.3d 50 (2002).
    In Spence v. Kaminski, 103 Wn.App. 328, 12 P.3d 1030 (2000), the appellate court
    affirmed the lower court’s decision to issue a permanent restraining order. The respondent had
    stalked, trespassed and harassed the petitioner for the past seven years. Spence at 328. He
    had also made direct death threats, saying “It’s $50 and an airplane ticket when I’m ready to get
    rid of you.” Id. The majority of the domestic violence had taken place during the marriage and
    dissolution proceedings five years earlier. Id. The court found that “[t]he history of abuse and the
    court’s belief that Ms. Spence fears future abuse are sufficient to persuade a rational person
    that she had been put in fear of imminent physical harm.” Id. at 333.
    In Barber v. Barber, 136 Wn.App. 512, 150 P.3d. 124 (2007), the court held that
    ecause petitioner made a showing of both past abuse and present fear of injury, she
    satisfied the statutory requirements.” Id. at 125. The court said that it “agree[d] with the Spence
    decision that showing past violence and present fear is sufficient.” Id. at 126.
     
  2. mightymoose

    mightymoose Moderator

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    You simply need to express what circumstances exist that cause you to feel threatened and that the fear is reasonable.
    Has there been any history of violence? History of threats? Have any threats been carried out?
    Was the threat communicated in some way that was especially traumatizing and caused imminent fear?
    Has there been any other behavior such as following/stalking to cause fear the threat may be carried out?

    Whatever your circumstances, clearly explain your reasonable fear of the threat and the other party's means to carry it out.

    No attorney needed here so long as you can explain yourself clearly.
     
    Red Kayak and But... MOOOMMMMM like this.
  3. army judge

    army judge Super Moderator

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    It is sad to hear that a person has been victimized.

    There are laws that already in place that allegedly prevent one person from slapping, beating, hitting, spitting, touching, stabbing, cutting, shooting, or threatening another person.

    If a person has already harmed you, don't expect a pretty piece of legal paper with a bright golden shield, and a judge's signature affixed to stop the person who has already harmed you.

    You mention DV centers (agencies) or homes that exist to provide shelter for victims of domestic violence.

    Those homes are safe places where you can get counseling and buy time in a safe, secure, anonymous location to plan the next chapter of your life.

    Have you considered TEMPORARILY placing most of your stuff into storage and moving into one of the DV shelters?

    You might, if it is possible, simply relocate to another state (or country) where you have relatives who will help you get through this.

    Whatever you do, please be safe and don't rely on a piece of paper keeping that brutal, violent thug away from you, as she/he has already harmed you.

    A thug who refuses to obey laws, certainly will have no fear of a piece of pretty legal paper.

    I hope you find a solution that keeps you safe.
     
    Red Kayak likes this.
  4. But... MOOOMMMMM

    But... MOOOMMMMM Law Topic Starter New Member

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    Thanks. Unfortunately, that'sthat's not a possibility....the TRO was the result of filing for divorce, with children involved.
    Staying in the family home, he's gone. Right now.
    He claims he's forced to stay in his vehicle. And wants the home back.

    The pretty paper CAN help, because police removed 2 semi-automatic weapons, 4 other rifles and 5 handguns, plus hundreds of rounds for EACH weapon. Loosing the TRO gives him his guns back...
    While obviously a TRO is not a guarantee, loosing means he also will be allowed back home.
    He is in the Bandidos motorcycle gang, on drugs, with guns...anything to protect myself is worth the steps

    The problem is, there was only verbal threats... So it's literally he said she said. I don't know how to word the response to best clarify the fear. The lawyer is already trying to contact me, in an attempt to get me to drop it. He got an extension even though he was served by police, and had time... Then waited until the day before court... That's when his attorney served me.
    So now I have a short extension to rebut... And I'm so lost, and feeling very cornered.

    I appreciate your kind words. Both of you.
     
  5. mightymoose

    mightymoose Moderator

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    Possibly. Eventually.
    If your state is like mine he will have to clear background checks again to get them back. They won't just hand it all over.

    Something like this:
    Plus any relevant information about past
    abuse or threats.

    So what if the lawyer contacts you. Tell him no.

    Don't get tricked into missing your own hearing. You might verify with the court that your hearing date actually was extended.
     
    Red Kayak likes this.
  6. But... MOOOMMMMM

    But... MOOOMMMMM Law Topic Starter New Member

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    I have no idea how to short quote the way youyou did.

    So he had a CWP, unfortunately, they apparently don't care if he is using drugs... (can I request the courts to require random drug testing? Especially if he is goinggoing to see our daughter)
    I went to the hearing the day after I got his response. It was extended there. I'm not going to fall for the lawyer using me contacting them in court. "if she is willing to speak to us about closing the TRO amicably, how fearful can she truly be"...
    I played that on my head. Lol
    OK.. So the courts won't give more weight to the professional response and cases quoted by the lawyer? I guess that's my big concern... Is the lawyers wording...
    Thank you again.
     
  7. mightymoose

    mightymoose Moderator

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    Unless he is on parole or probation this won't happen without his consent.
     

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