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Contempt for lying to get restraining order?

Everett, WA |

Is it possible to file for contempt if my ex has been very wrong, or worse, lied, to get a restraining order and base our modification on?
I can prove that the allegations are incorrect, (all are for drug use- and I can show nearly a year and a half worth of tests showing I'm clean, as well as 3 police reports from when we were together, in each one, I'm the victim) and if I can figure out how to admit those tests, reports, and emails and text messages from my ex, would it make a difference?
I need to know the best way to go about admitting that evidence, and if I should also pursue contempt.
Also, would it help to make a sort of survey for my family and people who've seen me around my kids, and have each notorized, so I can admit those as well?

Attorney Answers 1


  1. No. You are up against priveldge. Basically, anyone in a family law context can swear under penalty of perjury any blessed allegation they can create (sometimes out of thin air) and they have the absolute right to do that.

    Police reports are hearsay in any other evidentiary context except DV hearings. Make three copies of each - one for you, one for the complaining witness, and one for the judge to see. Look at the evidence rules for DV hearings - there aren't any, and that cuts both ways. So your witness statements are fine, as well (with certain caveats that are just too complex to address on-line). And they don't need to be notarized, they need to be sworn. See the declaration form at http://www.courts.wa.gov, they have all the correct necessary language.

    But don't get your hopes up regarding contempt or avoiding adequate cause. The best thing you can do is to lawyer up and have a fair fight over the allegations. Hope this helps. Elizabeth Powell