Legal Question in Family Law in Washington
no contact order
my husbands ex wife was granted a no contact order in oct of 2007 after he told her to get the 'f' off his property, she accused him of trying to break into her house, and now over a year later is saying that he tried to break into her house and her friends house. she won't tell us where she's living,we aren't allowed to pick his duaghter up at her home, he parenting plan says that she has to tell him, she refuses saying that she feels threatened, the plan states that she could be held in contempt. she said that she will go for another no contact order, can she, he hasn't had any contact with her at all, never violated the previous order, in fact went above and beyond its requirements by having another family member pick up and drop off the daughter
1 Answer from Attorneys
Re: no contact order
The ex-wife can do whatever she wants regarding seeking another protection order or obtaining an order to show cause for contempt on the basis that your husband violated the protection order. That's the bad news. The good news is that he'll get a chance to defend his position and explain what you've just done, and hopefully submit an affidavit from the third party who does the custody exchanges.
The ex-wife has the burden to prove that it is more likely than not that she is telling the truth. That's a low threshold, but not easily met without anything beyond her statement, from what you've indicated already.
If she does bring this type of action though, your husband ought to obtain counsel, given the scope of sanctions that are available in contempt proceedings, including the rare possibility of jail time.
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