Domestic Violence & Civil Orders Question about Domestic Violence Protection Order

Jurisdiction
Washington
Hi.

I was just given a 5 year Domestic Violence Protection Order by a commissioner in Washington state (though I live in California) due to claims made by an ex-girlfriend. Is it possible for me at this point to hire a lawyer and challenge the commissioners verdict, or am I too late?

Thanks.

Also, if yes would I need a lawyer in Washington or California?
 
So it IS possible to challenge an order?

Yes.

Scroll down about half way and you'll find a form: Respondent's Motion to Modify/Terminate Order of Protection Effective More Than Two Years (WPF DV 7.050) and several related forms:

Request Rejected

(I don't know why the link says request rejected, but click on it and it'll take you to the forms.)

You might be able to do it without a lawyer. You'll have to serve it on the ex. She'll have an opportunity to respond. You might have to go to a hearing. You might be able to ask to appear by phone.

You can read RCW 26.50.130 at

RCW 26.50.130: Order for protection—Modification or termination—Service—Transmittal.
 
Wonderful! Thank you so much for that information!

Is there a time limit that I have to submit the motion for modification/termination form?

Also if the DVPO were to be violated would I be arrested in CA or just have a warrant in WA?

Thanks!
 
Wonderful! Thank you so much for that information!

Is there a time limit that I have to submit the motion for modification/termination form?

Also if the DVPO were to be violated would I be arrested in CA or just have a warrant in WA?

Thanks!

Why would you wish to challenge the order?
Heck, if someone asked me to leave them alone, I'd gladly do so without forcing them to seek the order.
You live in CA, the other party lives in WA, why not just leave it be?
A civil order to stay way from person XYZ isn't akin to a criminal conviction, it means nothing unless you choose to violate it.

Frankly, it's a very big country, making it easy to stay away from the other party.
 
Because her entire story is fabricated and she flat out lied to the judge and provided a false witness (her friend) who ive never even met.

I have many close relatives and friends in the WA area where she lives and if Im helping take care of my sick grandfather I dont want to have to worry about landing in jail because I accidentally walk down the same street as her.

Thats why.

5 years is a long time to have that on my shoulders.
 
Is there a time limit that I have to submit the motion for modification/termination form?

Looks to me like you can file it any time you think you have grounds.

Because her entire story is fabricated and she flat out lied to the judge and provided a false witness (her friend) who ive never even met.

If you are going to go at it with that kind of accusation, without CONCRETE EVIDENCE, your petition isn't likely to be granted. Since you didn't have that evidence when the order was originally granted I doubt if you have it now.

I have many close relatives and friends in the WA area where she lives and if Im helping take care of my sick grandfather I dont want to have to worry about landing in jail because I accidentally walk down the same street as her.

Then that's what you put in your petition. That, and the distance thing, and that you never intend to have anything to do with her again.

I should have explained earlier that you aren't actually "challenging" the order. That ship sailed a long time ago. What you are doing is asking that it be terminated because your circumstances have changed to the extent that she is no longer at risk and that maintaining the order would be a hardship to your family obligations in WA.
 
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I can provide concrete evidence to support my stance.

Maybe so, but the judge isn't going to want to hear it.

The statute gives you step by step instructions on what you MUST attest to in order for the judge to consider modifying or terminating the order.

I don't see anything in that statute that says proving she lied is one of the grounds.

This is like the guy in prison for a crime he didn't commit. Every year he goes before the parole board and insists he didn't do it. Every year he gets denied parole. Then one year he gets smart and expresses remorse for the crime and gets awarded parole.

My advice: Say what the statute says you have to say, not what you want to say.
 
I have contacted a few Family Law Attorneys in WA state. One said that I have 10 days to submit a "Motion for Revision". Another said I have 20 days to do so. I am already 7 days past the court date. Having been quoted a price quote of $10,000 from one attorney, and "several thousand dollars" from another, I plan to simply fill out and submit the "Respondent's Motion to Modify/Terminate Order for Protection Effective More Than Two Years" form myself that AdjusterJack linked above. I have a pretty good write up. It may not get me anywhere but I figure it can't hurt to try.

At this point I am just wondering if this is the correct form to go about submitting or if since I am still within 10 days after the initial court date if there is another form I should fill out pertaining to a "Motion for Revision? I looked on the link AdjusterJack provided myself and it still seems the "Respondent's Motion to Modify/Terminate Order for Protection Effective More Than Two Years" is the best form on there that I see pertaining to my case.
 
I have contacted a few Family Law Attorneys in WA state. One said that I have 10 days to submit a "Motion for Revision". Another said I have 20 days to do so. I am already 7 days past the court date. Having been quoted a price quote of $10,000 from one attorney, and "several thousand dollars" from another, I plan to simply fill out and submit the "Respondent's Motion to Modify/Terminate Order for Protection Effective More Than Two Years" form myself that AdjusterJack linked above. I have a pretty good write up. It may not get me anywhere but I figure it can't hurt to try.

At this point I am just wondering if this is the correct form to go about submitting or if since I am still within 10 days after the initial court date if there is another form I should fill out pertaining to a "Motion for Revision? I looked on the link AdjusterJack provided myself and it still seems the "Respondent's Motion to Modify/Terminate Order for Protection Effective More Than Two Years" is the best form on there that I see pertaining to my case.


It's your call, mate.

This is why I responded as I did.

The time to defeat any legal challenge is during the initial hearing.
Most appeals are rarely successful.
Statistics say that appellate actions are at best 10% successful, at worst 2% so.

When appeals are "pro se", that number is about 1%.

Good luck anyway.
 
It's your call, mate.

This is why I responded as I did.

The time to defeat any legal challenge is during the initial hearing.
Most appeals are rarely successful.
Statistics say that appellate actions are at best 10% successful, at worst 2% so.

When appeals are "pro se", that number is about 1%.

Good luck anyway.

I spoke with my Uncle who was a cop for 30 years before I had court and he told me to do my best and see how it goes first (thinking I may win) and if I lose to THEN hire a lawyer and challenge it.

It seems like there are people who are saying this isn't the way to go though. That once the judge makes a decision it's hard to change the ruling. I didn't know.

This kind of thing is so hard, if you don't know the law. It seems like everyone I ask gives me different answers and even then dealing with the courts and talking with people on the phone... even getting through to someone is like pulling teeth and understanding the lingo and how things work like learning Chinese.

Good old fun.
 
I spoke with my Uncle who was a cop for 30 years before I had court and he told me to do my best and see how it goes first (thinking I may win) and if I lose to THEN hire a lawyer and challenge it.

It seems like there are people who are saying this isn't the way to go though. That once the judge makes a decision it's hard to change the ruling. I didn't know.

This kind of thing is so hard, if you don't know the law. It seems like everyone I ask gives me different answers and even then dealing with the courts and talking with people on the phone... even getting through to someone is like pulling teeth and understanding the lingo and how things work like learning Chinese.

Good old fun.


It's very hard for a good attorney to win an appeal.

That's why I suggested just to let the sleeping dog snore.

Staying away from the trouble making heifer is much easier than going to court only to experience the agony of defeat, again!
 
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