Jurisdication, DV issues, and unproperly served with court papers

Asked about 1 year ago - Portland, OR

I am in the middle of a divorce (temporary orders), due to DV issues and my ex being in jail for a DV death threat felony charge, I had to move out of state and got clearance from the court. There is currently a protection order in place and emergency jurisdication was taken over in the state (OR) that I am now residing with our son. Since the divorce was originally filed in another state (WA), my ex's attorney is telling me that regardless of the protection order in place here protecting our son and emergency grounds, that the state the divorce was originally filed in continues to excersise jurisdication. Another issue is that I was not served with court papers and a judgement for visitation was issued without my presence in WA. I am not represented by a lawyer. Please any help or advise

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . It's not clear from the question just how "emergency jurisdiction was taken" in this case. You need to consult with an attorney - preferably one who can practice in both Oregon and Washington - to sort this out. Being unrepresented in a divorce case, especially one with multi-state jurisdictional problems and domestic violence issues, is incredibly risky. It's like performing surgery on yourself, without any medical training or tools - legal, but you're likely to hurt yourself. I'm afraid this board can't be an adequate substitute for that.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . As others have indicated, the language of your question makes it hard to understand exactly what happened. You should show the papers you have to an attorney in the county in which the case is being heard.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . We cannot help you on here. You need to consult with an attorney in person. It is impossible to determine which state has jurisdiction for what purposes. The facts you have presented are incomplete and very confusing.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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