Legal Question in Family Law in Washington
No contact order
My finace's ex threated me over the phone a few nights ago and we called the police to file a report. the officer came out and told us it wasn't possible because of how the threat was directed to me. Anyway my finace has had prior run in's with this guy and has up until this point not reported any of it, in an attempt to get along with him. So the officer proposed getting a no contact order to keep him away from her. What i would like to know is can she get one for the children? She has full custody of the kids, and if she can how is that going to affect the parenting plan?
2 Answers from Attorneys
Re: No contact order
First: Please never take legal advice from a police officer. He's not a lawyer, and more important, he's not a judge.
A threat is a threat. You may well have a basis to ask for an anti-harassment order against the ex, if the threat was sufficient, and you are reasonably apprehensive about your safety.
When your ex got custody, did she tell anybody about her ex's conduct and that she was scared and that he was threatening her?
If yes, then there should be protective orders entered in the parentage/dissolution action. If no, then she has to rely on threats that have happened since the action was finalized or 'splain to the court why she changed her tune about the ex.
Getting protection orders AFTER an amicable parentage/disso makes the court think that your ex was not truthful with the court.
It's more complicated than you think. Please go talk to a local family law attorney and get some actual advice.
Elizabeth Powell
Re: No contact order
From your statement there doesn't appear to be any reason to restrict access to the children, and courts are loath to interfere in a parenting plan without substantial evidence to make a modification. Full custody is not defined under Washington law, and I don't know what you mean by it, so I can't really say anything about how it affects anything else.
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