Memorandum of law

[crayiii]

Do I need to file any kind of memorandum of law in support of getting the TRO dropped and my temp parenting plan approved?

Do I just show up to court with copies of my declarations previously submitted and state my case?

For example in RCW 26.09.060 I found the following:


     (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

The Ex parte orders have been in place for 90 days.

[socrateaser]

>Do I need to file any kind of memorandum of law in support of
>getting the TRO dropped and my temp parenting plan approved?
>
>Do I just show up to court with copies of my declarations
>previously submitted and state my case?

Most motion hearings are heard upon testimony and documentary evidence submitted to the court via declarations and attachments, unless you get permission in advance for a hearing in which new testimony will be taken, and evidence submitted (i.e., a trial). So, you need to have all of your evidence and arguments in front of the judge prior to the hearing, because, it's pretty certain you won't be cross examining your wife.

>
>For example in RCW 26.09.060 I found the following:
>
>
>     (3) Either party may request a domestic violence
>protection order under chapter 26.50 RCW or an antiharassment
>protection order under chapter 10.14 RCW on a temporary basis.
>The court may grant any of the relief provided in RCW
>26.50.060 except relief pertaining to residential provisions
>for the children which provisions shall be provided for under
>this chapter, and any of the relief provided in RCW 10.14.080.
>Ex parte orders issued under this subsection shall be
>effective for a fixed period not to exceed fourteen days, or
>upon court order, not to exceed twenty-four days if necessary
>to ensure that all temporary motions in the case can be heard
>at the same time.
>
>The Ex parte orders have been in place for 90 days.

Very nice, however, your TRO ceased to be ex parte at the moment it was stipulated to be continued by your attorney. So, the above statute is inapplicable. You merely wish to have the TRO modified as necessary for you to gain access to reasonable custody of your son, in accordance iwth your parenting plan as submitted to the court.

I don't know what other issues you have, but if there are other issues before the court, then you need to have each addressed. Usually, you lay all that stuff out in your declaration in advance.

Some jurisdictions want to see a memo of law separate from a declaration, but in others, and I suspect that WA is one, you can combine points of law in your declaration for efficiency sake.

[crayiii]

The hearing was continued by her attorney because I was only given one day's notice.  Then it was never brought up again because we were arguing jurisdiction.

[socrateaser]

>The hearing was continued by her attorney because I was only
>given one day's notice.  Then it was never brought up again
>because we were arguing jurisdiction.

Well, if that's actually the case, then you can certainly argue that the TRO has expired by operation of law. But, you'll be in court, and the judge can simply reinstate the TRO, so, I wouldn't waste my resources arguing this point.

You want to take the position of a well-educated layperson, NOT a wanna-be attorney. If you come off like you know more than the people in the courtroom who have passed the bar exam, you will get snubbed. So, try to stay away from arguing law. Argue the facts and the child's best interests. Don't bad mouth the other parent, just emphasize your desire to get everything dealt with as efficiently and amicably as possible, so that both you and your spouse can go on with your respective lives, and so that your child can have a happy environment with both parents.

If you do this, the judge will be pleasantly surprised, and you will have a huge advantage over your opponent. And, opposing counsel will not be able to treat you like a hostile and angry father.

Take the high road.

[crayiii]

Now that's advice that I can use!!  Thank you sir.  I know for a fact that even the most inept attorney could mop the floor with me arguing law in court.

And, now that I think about it, even if there were no RO, she could still keep me from talking or seeing our son.