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Old 10-21-2007, 01:39 PM
 
4 posts, read 18,884 times
Reputation: 10

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I've done a good deal of web searching and found minimal information. I'm particularly interested in what cause a person must show to obtain a restraining order when none of the usual factors are involved (e.g., domestic violence, threat of harm to person or property, harassment, etc.)

Yes, I'm going to see a lawyer, too. I'm just trying to educate myself first.

Thanks!
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Old 10-21-2007, 01:51 PM
 
Location: SE Florida
9,368 posts, read 24,298,962 times
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Just curious why you would want one? This is from Wikipedia:

Common reasons for restraining orders
stalking
domestic violence
harassment
bullying (in some cases)
Physical/Sexual abuse of some type
the wrongful transfer of real property, also called fraudulent conveyance
the disclosure of sensitive information in line with the Official Secrets Act 1989 (UK only)
trademark infringement
copyright infringement
patent infringement
trade secret disclosure
tortious interference of contract
criminal contempt
civil contempt

There is also a temprary restraining order- TRO

[edit] Temporary restraints
In the United States, a temporary restraining order (TRO) may be issued on a short-term basis. A temporary restraining order usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.

A temporary restraining order may be granted ex parte, that is, without informing in advance the party to whom the temporary restraining order is directed. Usually, a party moves ex parte to prevent an adversary from having notice of one's intentions. The order is granted to prevent the adversary from acting to frustrate the purpose of the action, for example, by wasting or hiding assets (as often occurs in dissolution of marriage) or disclosing a trade secret that had been the subject of a non-disclosure agreement.
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Old 10-21-2007, 03:27 PM
 
4 posts, read 18,884 times
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I don't want one. My ex is threatening one because I have gone into her home at my boys' invitation when she isn't there. I'm trying to find out what, if any, legal grounds she has for obtaining one.
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Old 10-21-2007, 03:34 PM
 
Location: SE Florida
9,368 posts, read 24,298,962 times
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Well, I'm not an attorney, but think that treaspassing would be a legitimate reason. You must have known that she didn't want you in there, otherwise why wouldn't she just tell you not to do it again?
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Old 10-21-2007, 03:50 PM
 
Location: In the sunshine on a ship with a plank
3,413 posts, read 8,540,759 times
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However if the kids- HIS kids invited him in, this may not be tresspassing.
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Old 10-21-2007, 03:54 PM
 
4 posts, read 18,884 times
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They are our kids, and they invite me in, usually to show me something "cool." But, rather than get into specifics, I'm just trying to get educated on what minimal grounds a person needs to obtain a restraining order. Anyone have some sources?
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Old 10-21-2007, 04:02 PM
 
Location: SE Florida
9,368 posts, read 24,298,962 times
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Maybe not, but I would think that it could be grounds for a TRO until it is settled in court. I can't imagine any judge forcing a parent to allow the ex to visit inside their home.
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Old 10-21-2007, 04:16 PM
 
4 posts, read 18,884 times
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I was wondering why my post said "moved" and I'm getting responses from some nice folks from places like Florida...

My question is specific to the laws and current trends in the Superior Court of King County, Washington. My kids live in Seattle, and I originally posted this on the Seattle forum. Not sure why it got moved.

My assumption is that my ex would need to show some cause why the court should grant a restraining order, especially when there is no reasonable cause beyond, "I don't like him there." Of course, if kids weren't involved, or if we were talking about young kids, that would be enough for me and probably the court. However, my youngest is thirteen, 5'-10", 160 lbs., and has little "boy" left about him, another is 15, and the eldest is 18.

Reason says that my boys have every right to invite me into their home. When no wrongdoing, harm, or threat of harm has ever occurred to my ex or her property by my presence at her home, the only thing a restraining order would prevent is my interaction with my boys.

Reason and law don't have any necessary connection, I've found, so I'm interested in what cause needs to be shown to the court in King County for a restraining order to be put in place.
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Old 10-21-2007, 04:32 PM
 
Location: SE Florida
9,368 posts, read 24,298,962 times
Reputation: 9434
I'm sorry, my bias was showing in my replies and that was unfair.

This is a very good site and you may find it helpful.

FindLaw's Message Boards (http://boards.lp.findlaw.com/ - broken link)
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Old 10-21-2007, 05:02 PM
JMX
 
Location: Somewhere unloading worthless FRN's
313 posts, read 1,128,458 times
Reputation: 416
It seems these days restraining orders are issued to just about anyone who asks for one. Certainly nothing needs to be proven in court before the restraining order is issued.

I suggest you talk to an attorney as soon as possible. There are plenty of stories out there where restraining orders are issued for falsified reasons and then used against the person later on, such as denying the non-custodial parent visitation with the children.
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