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What can i do if a judge grants a protection order when they refused ANY and ALL evidence?

Puyallup, WA |

A neighbor stole some of my property when i tried to retrieve it because she was being evicted, she ignored me ran and hid. i had no other option but to post a note on her door asking to return my stuff. this did not work, so the property was reported stolen to the police who said they would make sure she returned it and did nothing else to help. the email address the officer gave me did not work and i haven't herd from him after multiple attempts at contact. My neighbor claimed i was harassing her and filed for a restraining order and got it. She lied to the judge and did not present any evidence. i had tons of evidence against her proving her lies, and the judge refused to look at any and all evidence. i need to get this appealed how would i go about doing this? please help.

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Attorney answers 1


As you and your neighbor don't have a domestic relationship, this would be an anti-harassment order. If the only thing you did was puta note on her door, that is not enough to meet the requirements of the statute. The statute requires that the petitioner tell you first to stay away.

Pierce County has a dismal history of mayhem when a commissioner denies a restraining order. Each and every time this happens, the media launches stories about how awful the situation was, implying heavily that the Court made a grevious mistake. So Pierce County courts tend to bend over backwards to issue anti-harassment orders. They also issue protection orders in domestic cases unless the respondent shows up with counsel and argues the matter fully and completely.

So your first error was not getting a lawyer before the hearing. From the day of the hearing, you have ten days (calendar not business) to write and note a motion for revision to be presented to a judge. If either you or the petititioner testified, you have to get the transcript transcribed by a reporter. Your costs are going to depend on how long the hearing took, as transcriptionists charge by the word.

If you are serious about needing to appeal this, then the best thing you could possibly do is to go discuss this with a local attorney who routinely handles DV and AH hearings, and pay them a fee and cost advance so they can timely get this matter up on revision. I would anticipate this would run you $2K to $5K.

Elizabeth Powell

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