Legal Question in Family Law in Washington

Re: Charge violate restraining order

It depends. It depends on exactly what sort of order it is you are defending.

I can't tell if this is a no contact order (arising out of a criminal case) or a domestic violence restraining order (civil) or something in a divorce decree.

If you are defending a criminal action, you are entitled to counsel if you cannot afford a lawyer. If you have a witness, they *might* be able to say something about where you were, but independent evidence is better - proof that you could not have been where the Petitioner says you were. The prosecutor may or may not use video evidence.

If this is a civil action (DVRO), there are no evidentiary standards. The only proof necessary is that the petitioner feels that an order is necessary. I wish I was kidding, but I am not. There is nothing you can do or say to argue effectively against this.

Furthermore, if a DVRO is entered permantently (on show cause) you will never own or purchase a firearm again in your life.

It is remotely possible that there is some defense. I don't see it in your question, but then I'm not looking at the petition. However, your best option right now is to contact the best attorney you can find and ask for a consult. If you like them, hire them and do as they say.

You *might* have some chance at having a permanent order not entered if you lawyer up. But if you go to the hearing with a friend they won't be allowed in to testify on your behalf, so whatever you thought you were going to prove won't get heard.

Hope this helps. Elizabeth Powell