My partner got a anti harassment restraining order on me, what can I do to prepare for court date that she is lying?

Asked over 3 years ago - Puyallup, WA

My partner and I had a huge arguement.During the arguement as she was lying on the couch.I went to the kitchen and grabbed a knife and slammed it on the table in front of her.Said, "If you kick me out, it will hurt" The knife I told her "represents pain" I told her, "Its the same feeling as being cut with a knife".She then asked me to put the knife up and I did, willingly without any intent to harm.After arguing for 2 hours.We both went to bed together.I tried to hold her two times and she said "Dont you're suffocating me".That was all that happened.She in turn told everyone we knew a different version.How can I prepare myself for court date set that this not what happened?

Attorney answers (3)

  1. Daryl L. Graves

    Pro

    Contributor Level 6

    Answered . It is difficult to tell from your question if the Order is an anti-harrassment or some other type of Order. I will answer the question assuming the Order is a temporary anti-harrassment Order and you are preparing for the hearing in which the Court can enter an Order effective for one (1) year or longer.

    The anti-harassment statute requires two (2) elements be present in order for the judge to grant the requested Order. The alleged conduct must be considered harassment and second, the alleged conduct must be a continuing course of conduct, not an isolated incident. I suggest you prepare for the hearing with those two elements of the statute in mind.

  2. Robert Martin Morgan Hill

    Contributor Level 12

    Answered . I hate to tell you, but even if your version of events is true,a judge is likely to regard that conduct as sufficiently threatening to justify a protection order. If anything, given your intimate relationship, it is surprising that she did not petition for a domestic violence order. You should talk to a lawyer about your options.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . Good advice by the other two attorneys. If you care about the result, I highly urge you to retain counsel to do this for you. Based on what you are saying, you are not going to win this, unless you have experienced trial counsel to perform a vigorous cross examination.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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