Legal Question in Family Law in Washington
restraining order washington state
My boyfriends has a restraining order put on him by his ex girlfriend. He is working on getting it removed and getting custody of the kids because she is not stable. I find evidence on her myspace that would be good for him to bring to court but he won't take it. He is afraid if they think he is looking at her myspace page it is violating the restraining order. I know sending a friend request would be but is just looking at it. She has pics of her kids with a sex offender on there. We have no money for an attourney and I need help. These kids are not in a safe home. She is bipolar and gone off her meds and is not thinking clearly at all!!!!
1 Answer from Attorneys
Re: restraining order washington state
You are correct that just looking at the myspace web page is not in violation of a no-contact restraining order. Just make sure that in order to view the myspace, you don't need to first ask or seek permission, like those that are hidden from public view. If you need such permission, then I'd say you or someone not restrained from contact with the ex should log on and print up the photos and text from the site.
Next, you need to make sure you properly introduce these photos into evidence otherwise the judge will have no choice but to disregard them. Most people who represent themselves get hung up on this point, which is not surprising considering they don't go to law school for three years to learn how to properly introduce evidence.
Try to see if there is a family law courthouse facilitator in your county and see if they can help you properly get the photos into evidence or to at least properly seek to do so.
You are also going to need to make sure you use the correct procedural motion to remove the restraining order and to seek primary residential custody of the children. Again, failure to bring the proper motion and failure to provide the other side proper notice and service of documents will result in your case not being considered. So, I cannot stress how important it is that you have a professional at least look your stuff over before you file with the court clerk.
If there are no courthouse facilitators who can help, you should also try your local bar association to see if they can refer you to someone who does pro bono work or work on a sliding scale that you may be able to afford.
Best of luck.