Help with TRO

[All of us are family]

Hello Socrateaser,

First, please correct me if I am not following the format that you have established, and forgive the length.

Washington state for myself (BF), BM and son.

On September 22, 2004, BM obtained (again) a TRO restraining my wife from being present at the exchange of my son for residential times, stating that my wife verbally and physically harasses and threatens her (untrue). BM didn't contact me regarding her motion (this is the third time she has failed to attempt to do so), so I was unable to present my objections. The commissioner scheduled a hearing for September 29, 2004.

On September 29, 2004, I was unaware that I was legally mandated to present my objection to the TRO in writing, therefore the commissioner extended the TRO for another week, scheduling the next hearing for October 6, 2004. I filed my response to the BM's allegations and served her a copy of them on October 4, 2004.

On October 6, 2004, as I entered the court house, I was handed a manila envelope by one of the security guards, who informed me that the BM wanted me to have them. He emphasized that he was not serving me any papers. They contained three declaration statements, none of which were file stamped by the court.

During the hearing, the BM informed the commissioner of these documents. I was then given the option by the commissioner to either respond to them in writing, or admit that the allegations in the documents were completely true (which, of course, they weren't). I chose the former, and the commissioner moved the hearing forward to October 20, 2004.

On another matter regarding the TROs, in section III of the motion for RO, it states: "Efforts to give other party notice. The following efforts have been made to give the other party or other party's lawyer notice and the following reasons exist why notice should not be required." She has never given reasons why notice should not be required, only that she has attempted to contact me and was unable to, which is untrue.



My questions are as follows:

1. Is there any rule stating that documents have to be filed with the court within a certain time before a hearing?

2. If there is, can I request that those documents be inadmissible because of this rule?

3. If there isn't, is there any way that I can put an end to the continuations so that I can get this TRO dismissed?

4. Is there anything I can legally do to ensure that she will contact me if/when she motions for another TRO?
4a. Or, if there is any way to ensure that she has reprecussions for not doing so?

My concern is this: if she is allowed to continually enter documents that I feel aren't relevant to any of the allegations that she has made in the original TRO, or any other type of documents, the day of the hearing, this TRO will continue indefinitely, especially if I have to file a response to each of them.
Also, since she has not contacted me regarding her motions for a TRO three times, I'm concerned that she has established a pattern for me attempting to show my lack of concern regarding these issues.
 
Thank you for your help in advance Socrateaser.

[socrateaser]

>1. Is there any rule stating that documents have to be filed
>with the court within a certain time before a hearing?

Yes, on an ex-parte TRO, usually 48 hours. But, the court will almost always permit a late filing, even a filing as late as the one you have just been subjected to. The general rule is that a late filing is an "unfair surprise," and the court then permits you to ask for a continuance, which is what has happened in your case. You can request sanctions against the other party for doing this multiple times, as a means of discouraging them from using this to maintain the TRO without a hearing.

>
>2. If there is, can I request that those documents be
>inadmissible because of this rule?

No -- see above.

>
>3. If there isn't, is there any way that I can put an end to
>the continuations so that I can get this TRO dismissed?

Yes -- see above.

>
>4. Is there anything I can legally do to ensure that she will
>contact me if/when she motions for another TRO?
>4a. Or, if there is any way to ensure that she has
>reprecussions for not doing so?

Ask for sanctions in the event that she fails to follow proper procedure in the future. That way she will be on notice that if she doesn't play by the rules, it will cost her.

[wendl]

I'm in WA too what county are you dealing with??


**These are my opinions, they are not legal advice**

[All of us are family]

Thurston County.

[wendl]

Darn don't know any of the commissioners in Thurston, my case is in Snohomish County.

:)