Legal Question in Family Law in Washington

Re: false statements on a restraining order

You pose an interesting situation. So, if I understand this correctly, your ex is now living in your apartment with your new girlfriend whom she did not obtain a restraining order against. You don't address whether your ex got a restraining order against your new girlfriend, but from the look of it, she did not, which is why I say your new and ex girlfriends may both occupy the apartment.

Since you have a child with your ex, that will immediately get the court's attention, because now the court will be looking at the child's best interests first- before you and before your ex. I'd like to know more, such as what type of restraining order are we talking about here.

That said, if your ex lied or made a false representation to the judge who granted the initial emergency or temporary restraining order that it was her place too, when it turns out she has no right to live there, I think you're right in that this fact will convince a judge upon return to allow you to remain and her to leave.

Beyond that, lying, if it can be demonstrated to the judge goes a long way to demolish your ex's credibility to the point that the judge says to him or herself that if this person lied about being on the lease, what else are they lying about?

Re: false statements on a restraining order

If this was an ex parte restraining order, you can go into ex parte and show and respond that she is not on the lease (do a declaration to that effect and attach a copy of the lease). Better, get a declaration from the landlord-property manager that her signature is not on the lease (and attach a copy as an exhibit) and if he knows that your ex-gf has not lived there or if there are other people who know she did not live there get declarations from them. The commissioner will be officially angry, and may well overturn the earlier ex parte order, the scheduled hearing would still occur and you may well be able to get an award of attorney's fees in this case.