Ive been served a temporary protection order and the statement that was on it is all made up. will judge still grant protection?

Asked over 1 year ago - Puyallup, WA

basically my ex wife is trying to retaliate against me because she was served for small claims court and owes $$$$ to my mom. she has made up things to the courts before and has done it again.

Attorney answers (5)

  1. Patrick Owen Earl

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Get an attorney and read the statement very carefully and start trying to blow holes in it so that it will all fall apart in the end if possible. You blow holes in it by getting statement/testimony from others if possible that contradict the things that she is claiming.

  2. Elizabeth Rankin Powell

    Contributor Level 20

    4

    Lawyers agree

    Answered . Especially in Pierce County, the court is highly likely to enter a DVPO because of the past history here when DVPO's are not entered (and sometimes even when they are). This DVPO will make it tougher for you to get on a plane, and will if entered flatly prohibit you from ever owning, possessing, handling, buying or selling a firearm again ever. If this matters to you, please go hire the best DV defense attorney you can find. There is a lot at stake, and proof that your ex was recently served for small claims would help - you'll need a certified copy of the Notice of Small Claim and Proof of Service. If this DVPO is happening shortly after you were divorced, especially when there were no DV allegations raised in the dissolution, you will be able to show the court this is "made-up". But given what is at stake, it is important that you not try do do this yourself. The penalties are essentially criminal but the standard of proof is civil and there are no evidentiary rules. Take this seriously and lawyer up. Elizabeth Powell

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  3. James J White

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . The Judge could do so based on her statement alone. You best bet is to hire an attorney right away.
    At your service,

  4. Vitaliy Kertchen

    Contributor Level 16

    4

    Lawyers agree

    Answered . Make sure to show up to the hearing in fourteen days ready to defend the allegations. If you don't show up, it will be granted for sure.

  5. Henry Lebensbaum

    Contributor Level 20

    3

    Lawyers agree

    Answered . You still have to prove that the information is false.


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