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Temporary Protection Order Defense
Summary
Temporary protection orders are often granted initially based on allegations for safety. Lack of evidence from the accuser may work in your favor. Your evidence of no contact strengthens your case. Information showing the accusers ability to submit whale sightings despite being out of town could challenge her credibility. The argument about the lack of her employment at the park and its potential vindictive nature could be relevant. To prove a protective order was filed to harm, show false allegations, inconsistencies, and unnecessary hardship. If proven, you may request dismissal, sanctions, or pursue damages. Truthful statements about a public figure may not be cyberbullying, but context matters. Consult a local attorney for personalized advice.Full Conversation
I live in Washington State. A public figure accused me of stalking and was granted a temporary protection order against me. Her allegations are largely falde. I did research on her background and have shared the information I found with various people on various platforms, including Reddit and Bluesky. All the information I found was available publicly via her social media accounts or public records. I have had absolutely no contact with this person besides at protests she led over a year ago. I have evidence that I have avoided contact with her. At our first hearing, three weeks after she filed the order, she still had not filed any evidence in the case. The judge granted a continuance to give her more time to provide the evidence. Does the case so far seem more in her favor or mine?
Hey ****, given the situation, here are a few points to consider:
- Temporary Protection Orders: These are often granted initially based on allegations for safety reasons.
- Lack of Evidence: Her failure to present evidence so far might work in your favor.
- Your Evidence: Having proof of no contact strengthens your case.
Do you want to connect with a local lawyer for more personalized assistance?
- Temporary Protection Orders: These are often granted initially based on allegations for safety reasons.
- Lack of Evidence: Her failure to present evidence so far might work in your favor.
- Your Evidence: Having proof of no contact strengthens your case.
Do you want to connect with a local lawyer for more personalized assistance?
No. She also said she hadn't had time to provide evidence because she was "out of town," however I have five examples of her continuing to submit whale sightings to a local news site, so she clearly had access to the amenities needed to submit evidence. Is this information likely to be helpful to my attorney?
Yes, the information showing that she was able to submit whale sightings despite claiming to be "out of town" could challenge her credibility and support your case. Be sure to share these examples with your attorney, as they can use them to question the validity of her claims.
Her protective order requested my restriction from the park adjacent to my home, which she knows I walk my dog in daily. She claimed on her application to "do work" in the park, but demonstrably does not work for the park department or any contractors. I believe this illustrates her order to be vindictive and designed to harass me. Does this sound like a reasonable legal argument?
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In Washington State, the court evaluates protection orders based on necessity and reasonableness. Your argument about the lack of her employment at the park and its potential vindictive nature could be relevant. It's crucial to present all evidence that shows her claims might be unfounded or harassing. Sharing this with your attorney could help build your defense. Would you like any more information or assistance?
In Washington State, the court evaluates protection orders based on necessity and reasonableness. Your argument about the lack of her employment at the park and its potential vindictive nature could be relevant. It's crucial to present all evidence that shows her claims might be unfounded or harassing. Sharing this with your attorney could help build your defense. Would you like any more information or assistance?
How would a person prove a protective order was filed to harm the defendant? If
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In Washington, to prove a protective order was filed to harm the defendant, you could consider:
- Showing evidence of false allegations.
- Demonstrating inconsistencies in the plaintiff's claims.
- Providing evidence that the order causes unnecessary hardship or harassment.
Collecting and presenting such evidence with your attorney's help is key. Would you like more guidance on this?
In Washington, to prove a protective order was filed to harm the defendant, you could consider:
- Showing evidence of false allegations.
- Demonstrating inconsistencies in the plaintiff's claims.
- Providing evidence that the order causes unnecessary hardship or harassment.
Collecting and presenting such evidence with your attorney's help is key. Would you like more guidance on this?
If I can prove her order was filed primarily to cause me harm, and that she was not under threat, what recourse do I have?
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If you can prove the order was filed primarily to cause harm and without genuine threat, you may have recourse options like:
- Requesting the court to dismiss or modify the order.
- Filing a motion for sanctions against the filer for misuse of the legal system.
- Pursuing a civil action for damages related to malicious prosecution or abuse of process.
Discussing these options with your attorney would provide tailored advice. Do you need more information on any of these points?
If you can prove the order was filed primarily to cause harm and without genuine threat, you may have recourse options like:
- Requesting the court to dismiss or modify the order.
- Filing a motion for sanctions against the filer for misuse of the legal system.
- Pursuing a civil action for damages related to malicious prosecution or abuse of process.
Discussing these options with your attorney would provide tailored advice. Do you need more information on any of these points?
Do you have examples of sanctions or damages awarded to a defendant for misuse of the legal system and undue restrictions on my movements?
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Here are some examples of potential sanctions or damages that could be awarded for misuse of the legal system:
- Sanctions: Courts may impose fines or penalties on the plaintiff for filing frivolous claims.
- Damages: Defendants might be awarded compensation for legal fees, emotional distress, or other harm caused by the false claims.
Consulting with a local attorney could provide examples specific to your situation.
Here are some examples of potential sanctions or damages that could be awarded for misuse of the legal system:
- Sanctions: Courts may impose fines or penalties on the plaintiff for filing frivolous claims.
- Damages: Defendants might be awarded compensation for legal fees, emotional distress, or other harm caused by the false claims.
Consulting with a local attorney could provide examples specific to your situation.
Is this filing well written?
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The filing provides a detailed account of your situation and raises important points that may work in your favor. It highlights the lack of evidence from the accuser, your evidence of avoiding contact, and possible inconsistencies in her claims. However, it would be beneficial to consult with an attorney to ensure that the arguments are presented effectively and in accordance with legal standards.
Would you need any specific legal information or assistance with this matter?
The filing provides a detailed account of your situation and raises important points that may work in your favor. It highlights the lack of evidence from the accuser, your evidence of avoiding contact, and possible inconsistencies in her claims. However, it would be beneficial to consult with an attorney to ensure that the arguments are presented effectively and in accordance with legal standards.
Would you need any specific legal information or assistance with this matter?
I haven't had contact with this woman in over a year, but have made truthful statements critical of her in several online forums. Could that be construed as cyber bullying?
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In Washington State, cyberbullying involves using electronic communication to harass, threaten, or intimidate someone. If your statements are truthful and based on public information, they may not constitute cyberbullying. However, context matters. If the posts are perceived as harassment, it could be an issue. Would you like information on how cyberbullying is legally defined in Washington?
In Washington State, cyberbullying involves using electronic communication to harass, threaten, or intimidate someone. If your statements are truthful and based on public information, they may not constitute cyberbullying. However, context matters. If the posts are perceived as harassment, it could be an issue. Would you like information on how cyberbullying is legally defined in Washington?
My statements were intended to cast doubt on her claimed expertise. She is a public figure. Is that likely to be considered cyber bullying?
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In Washington, cyberbullying involves using electronic means to harass or intimidate. Since your statements were about a public figure and based on public information, they might not qualify as cyberbullying. However, intent and perception matter. If perceived as harassment, it could be problematic. Consider consulting a local attorney for nuanced advice.
In Washington, cyberbullying involves using electronic means to harass or intimidate. Since your statements were about a public figure and based on public information, they might not qualify as cyberbullying. However, intent and perception matter. If perceived as harassment, it could be problematic. Consider consulting a local attorney for nuanced advice.
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