Domestic Violence & Civil Orders If DVPO petition gets denied, what legal resources does Respondent have to keep petitioner away?

[Jaic]

Jurisdiction

Washington

If Domestic Violence Protection order petition gets denied, what options does WA state law provide to Respondent to keep petitioner away from the Respondent?
1. RCW statute reads realignment of parties in DVPO hearing, but how common is that in practice?
2. Can Respondent file a DVPO petition using the same evidence used to get the initial petition denied? Or, is that perceived as Abusive Litigation?
3. Respondent can simply stay away and maintains no contact with petitioner (even though DVPO is denied), but wouldn't that give the petitioner an opportunity to file another petition under 'Abandonment of Family'?

Assumption and Understanding that Respondent has concrete admissible evidence.

 

[flyingron]

Note that the two sentences in the realignment section say "may." This means that it is at the discretion of the course whether they would do the realignment (essentially making the petitioner and respondent swap roles) and whether they would issue a temporary protective order while the new petitioner has prepares their petition.

The new petitioner (i.e., the old respondent) needs to provide sufficient evidence to show they are the victim of illegal abuse or harassment. The information submitted to refute the fact that they weren't abusive or harassing may or may not be sufficient to show that the other party is abusive or harassing.

Can't answer #3 without you explaining what is going on more. You don't have an abandonment of family unless you have children that you are have a duty of responsibility that you desert.

 

[adjusterjack]

Are you the petitioner or the respondent?

On what grounds did the petitioner file for a DVPO?

Has the petition been denied?

 

[Jaic]

Note that the two sentences in the realignment section say "may." This means that it is at the discretion of the course whether they would do the realignment (essentially making the petitioner and respondent swap roles) and whether they would issue a temporary protective order while the new petitioner has prepares their petition.

The new petitioner (i.e., the old respondent) needs to provide sufficient evidence to show they are the victim of illegal abuse or harassment. The information submitted to refute the fact that they weren't abusive or harassing may or may not be sufficient to show that the other party is abusive or harassing.

Can't answer #3 without you explaining what is going on more. You don't have an abandonment of family unless you have children that you are have a duty of responsibility that you desert.

Thank you so much for the response.

Reg. #3, we're married couple, but no children. I did not know that the duty of responsibility is applicable only to children, and not to non-working (but legally eligible to work) spouse.

 

[Jaic]

Are you the petitioner or the respondent?

On what grounds did the petitioner file for a DVPO?

Has the petition been denied?

Hello,

I'm the respondent. Petitioner filed on grounds on physical harm; and couple of events other events from the past.

I'm trying to understand how I can keep the petitioner away IF I get the current petition denied.

 

[Red Kayak]

2. Can Respondent file a DVPO petition using the same evidence used to get the initial petition denied? Or, is that perceived as Abusive Litigation?

Only if you want to hurt your credibility in that court. Your action would be frivolous at best.

 

[Jaic]

Only if you want to hurt your credibility in that court. Your action would be frivolous at best.

Thank you for your response.

Agree; I guessed that would be the court's most probable perception of my action.

One may say, most respondents/defendants might see themselves as innocent. So, considering my question in general for who are true innocent, isn't this perceived notion stripping the rights of the innocent to take action? I understand that not being the first person to report these events/incidents (which Respondent believes CAN be ground of DV) is the wrong doing on Respondent; but isn't that a big price to pay if those delayed actions/petitions are perceived abusive or frivolous?

It's sad to see how much the system is prepared to stand biased for the first mover/reporter. Had I known this before, I wouldn't have been in this situation.

 

[adjusterjack]

Is the petitioner female?

What does the petitioner "say" that you did that makes the petitioner fear you?

 

[army judge]

No one should be forced to seek a protective order.

No one should assault, abuse, molest, harass, etc.. another person.

If another person, even your spouse, wants you gone, you'd be wise to disappear yourself.

If you can't behave as human beings are expected to behave, don't become involved in an intimate relationship.

Just keep your violence prone, uncouth, uncivilized, savage beast personality away from civilized human beings!

 

[Jaic]

Is the petitioner female?

What does the petitioner "say" that you did that makes the petitioner fear you?

Yes, the petitioner is female.

My apologies, I'm not comfortable giving out further details on the public forum; but I can say that I strongly believe those claims/evidence wouldn't meet the bar of DVPO. However, I'm more concerned on how the system has normalized to perceive it a certain way.

 

[Jaic]

No one should be forced to seek a protective order.

No one should assault, abuse, molest, harass, etc.. another person.

If another person, even your spouse, wants you gone, you'd be wise to disappear yourself.

If you can't behave as human beings are expected to behave, don't become involved in an intimate relationship.

Just keep your violence prone, uncouth, uncivilized, savage beast personality away from civilized human beings!

Thank you for your response.

Totally agree - I want to keep myself away from the petitioner. So, I'm seeking what provisions does law provide to do that IF and AFTER I get the current petition denied.

 

[Jaic]

Thank you for your response.

Totally agree - I want to keep myself away from the petitioner. So, I'm seeking what provisions does law provide to do that IF and AFTER I get the current petition denied.

To expand further, my question is basically to help myself in the below situation -


Let's say, Alice filed for Domestic Violence Protection Order; and court issued it against Bob. Then, Bob has to leave the shared residence (if included in the order).

Assume Bob is the only working professional whose income qualified to get the rental property (shared residence).

Now, if Bob wants to exit the rental property, Rental property says they can do that only if Alice income qualifies for the payment of rent. That doesn't happen as Alice isn't working. Other option for Bob to exit lease is to submit a notice to end the lease which requires consent from Alice.

After the current yearly rental agreement ends, it rolls over to month-to-month lease, but the situation remains the same for Bob.

So, the law allows Alice to stay in the rental apartment for life without paying any rent; i.e. fully paid by Bob. It appears, the only way out for Bob is either Alice earns an income that qualifies for the rental property or Alice consents to vacate the apartment.

My question is - Does Bob not paying the rent constitutes violation of DVPO? If not, isn't this unfair to allow non-working spouse to ride along on working spouse money for eternity; and shouldn't there be a middle ground; or at least a provision in law allowing the paying party to seek a middle ground? Seeking divorce and getting temporary orders is not an option as both are non-US citizens; and US divorce decree has no validity in home country.

 

[Red Kayak]

One may say, most respondents/defendants might see themselves as innocent. So, considering my question in general for who are true innocent, isn't this perceived notion stripping the rights of the innocent to take action? I understand that not being the first person to report these events/incidents (which Respondent believes CAN be ground of DV) is the wrong doing on Respondent; but isn't that a big price to pay if those delayed actions/petitions are perceived abusive or frivolous?

No, because you had the opportunity to contest the final order.

If you decided to take the much easier route of not contesting, then you waived your right "to take action."

And if you contested and lost, then you really have no basis to say now, "Hey, I forgot to file a counter claim."

NOTHING in your posts indicate that you were the victim of domestic violence, neither explicitly nor implicitly. You are coming across as concerned about the consequences of your spouse's legal actions. You do not come across as scared/fearful of your spouse.

 

[justblue]

Bob...When your current yearly lease expires, notify the landlord that you are not renewing and are moving. Alice will either have to make her own rental agreement or move.

 

[Jaic]

No, because you had the opportunity to contest the final order.

If you decided to take the much easier route of not contesting, then you waived your right "to take action."

And if you contested and lost, then you really have no basis to say now, "Hey, I forgot to file a counter claim."

NOTHING in your posts indicate that you were the victim of domestic violence, neither explicitly nor implicitly. You are coming across as concerned about the consequences of your spouse's legal actions. You do not come across as scared/fearful of your spouse.

Appreciate your response.

Yes, I'll definitely contest the current petition; but the best outcome would only be the denial of the petition. That wouldn't help me put the petitioner away from me; so, I should file a new petition which appears to be perceived in abusive/frivolous way.

My apologies I haven't shared the full details as it's a public forum; but I've admissible evidence that establishes physical harm has occurred against me. I endured it so far shouldn't be the premise that I should endure it into future. So, I wanted to file on the possibility of it recurring; and I'm not being ready to take it further. I don't fear that those actions would kill me, but I definitely fear that they would re-occur and harm me.

Thanks again for taking out time to help me with your responses.

 

[Jaic]

Bob...When your current yearly lease expires, notify the landlord that you are not renewing and are moving. Alice will either have to make her own rental agreement or move.

Thank you for the response.

I enquired on that, but I was told by the Rental Property owner that when my lease expires, it rolls over to monthly lease until -
1. We sign a new lease; or
2. We submit a notice to vacate

#2 requires signature from both the parties.

 

[Red Kayak]

Yes, I'll definitely contest the current petition; but the best outcome would only be the denial of the petition. That wouldn't help me put the petitioner away from me; so, I should file a new petition which appears to be perceived in abusive/frivolous way.

You do not understand the legal process. At this point you cannot afford to not have a lawyer.

 

[Jaic]

You do not understand the legal process. At this point you cannot afford to not have a lawyer.

Yes, I agree on that. And I don't intend to represent myself anyways. I'll have a counsel represent me in this matter.

In this forum, I'm helping myself to understand the situation I'm in, and what my best options are. But I understand that anyone could help me only so much with very limited details I put out here.

Thank you again; appreciate your responses.

 

[adjusterjack]

Yes, the petitioner is female.

My apologies, I'm not comfortable giving out further details on the public forum; but I can say that I strongly believe those claims/evidence wouldn't meet the bar of DVPO. However, I'm more concerned on how the system has normalized to perceive it a certain way.

I can't speak for your local courts but my own experience (and reading others) has been that judges err on the side of caution and routinely grant protective orders to females who allege domestic violence.

The problem you face is that you can swear up one side and down the other that the female is lying but, unless you can provide rock solid EVIDENCE of perjury while she is giving testimony, the judge will have no choice but to believe her.

Appreciate your response.

Yes, I'll definitely contest the current petition; but the best outcome would only be the denial of the petition. That wouldn't help me put the petitioner away from me; so, I should file a new petition which appears to be perceived in abusive/frivolous way.
.

Here's an idea.

Go to the hearing. Don't contest the petition. Ask that the protective order be bilateral. It will order both of you to stay away from each other.

Are there children involved?

 

[Jaic]

I can't speak for your local courts but my own experience (and reading others) has been that judges err on the side of caution and routinely grant protective orders to females who allege domestic violence.

The problem you face is that you can swear up one side and down the other that the female is lying but, unless you can provide rock solid EVIDENCE of perjury while she is giving testimony, the judge will have no choice but to believe her.



Here's an idea.

Go to the hearing. Don't contest the petition. Ask that the protective order be bilateral. It will order both of you to stay away from each other.

Are there children involved?

Thank you for your insights.

No children - it's just me and my spouse. We have no kids.