Order Of Protection Defense

Summary

In Washington, common defenses in order of protection cases include lack of evidence, false allegations, self-defense, and mistaken identity. Respondents may argue statements were taken out of context, there was no immediate threat, or no intent to follow through on threats. For claims of stalking or harassment, defenses might include misunderstanding, social dynamics, or lack of evidence. To strengthen your case, keep detailed records, gather witness support, document emotional distress, and report incidents to the police. Witnesses fearing retaliation can be noted in declarations. Consider seeking legal aid for further assistance.

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I am seeking an order of protection from a former household member in WA state. I am the petitioner and the respondent is seeking a lawyer, I cannot afford one. What are common defenses the lawyer will likely take in this case?
Hey Jake! Here are some common defenses a lawyer might use in an order of protection case:
- Lack of evidence: Arguing that there's insufficient proof of abuse or harassment.
- False allegations: Claiming the accusations are untrue or exaggerated.
- Self-defense: Asserting that any actions taken were in self-defense.
- Mistaken identity: Arguing that someone else was responsible for the alleged actions.
Would you like information on resources for legal aid in Washington?
Here are some details from declarations I have filed. He alhad me pick him up from work at *:* am to talk one night, during that night he told me "if I stay in this house, I'm going to kill myself of beat my spouse" for reference his spouse was also my intimate partner at that time. I have photo evidence form my Google maps timeline and text to support this conversation occured but no addition witnesses.
It sounds like you have some solid evidence to support your case. Here are a few helpful points:
- Documentation: Keep all your evidence (photos, texts) organized.
- Witness Statements: Even without additional witnesses, your detailed account and timeline are valuable.
- Legal Aid: Consider reaching out to legal aid organizations in Washington for assistance.
Would you like information on legal aid resources in Washington?
On a later date he brought up getting a gun, knowing he is unable to purchase one due to his previous criminal history. Separately he has declared that he would go to Texas to get a gun, cause it would be easier. In his declaration he said such things were surely said in jest. When he brought up buying a gun, his girlfriend said "you shouldn't do that, the first thing you would do is point it at someone" . The respondent replied "yeah, you're probably right". * weeks after that conversation he forcibly breaks up me and our shared intimate partner, and I am told by the partner that he intends to stay in the house. I assume this makes the previous threat currently active, and call the police
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This seems like a serious situation that might benefit from legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me common defenses the respondent might take?
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Here are some common defenses the respondent might take in this situation:
- Contextual Misunderstanding: Arguing that statements were taken out of context or were meant in jest.
- Lack of Immediate Threat: Asserting that there was no immediate threat of harm.
- No Intent: Claiming there was no intention to follow through on the threats.
Would you like to be connected to local lawyers who can better assist you with your case?
Yes
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It seems like this could be a high-value case. Let's get some more details to connect you with local lawyers who can assist you better.
What is your phone number?
* I am in Spokane WA
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Could you please provide your zipcode?
*
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Great, could you please provide your name?
Cedric Huber
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Thank you, Cedric. Could you please provide your email address for the lawyers to contact you?
cedricxhuber@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Cedric Huber
Email: cedricxhuber@gmail.com
Phone: *
Zipcode: *
Reason: Seeking order of protection from a former household member. Respondent has made threats and has a criminal history. Cedric has photo and text evidence, and has reported the situation to the police.
From: FreeLawChatAi
Is there anything else I can help you with?
Those defenses do not seem to address the fact that these situations have put me in substantial emotional distress, and I consider to be harassment. Does that make this a case of stalking? Separately nearly all of the mutual friends between myself and the respondent have stopped talking to me without giving reason, I believe this is because the respondent has been badmouthing me to everyone
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In Washington, harassment and stalking are taken very seriously. Here are some points:
- Stalking: Repeatedly following or harassing someone to the point where they fear for their safety.
- Harassment: Conduct that seriously alarms, annoys, or harasses the victim and serves no legitimate purpose.
Given your situation, you may have grounds for a stalking claim. Would you like additional information on how to pursue this or connect with local resources to help you further?
What would the defendants responses be to this?
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Here are some possible responses the defendant might give to your claims of stalking and harassment:
- Misunderstanding: The defendant might argue that their actions or statements were misunderstood and not intended to cause distress.
- Social Dynamics: They could claim that the mutual friends' actions are independent and not influenced by any badmouthing.
- Lack of Evidence: Arguing that there is insufficient evidence to prove ongoing harassment or a pattern of stalking behavior.
Would you like to know more about how to strengthen your case?
Yes
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To strengthen your case:
- Keep detailed records of all interactions, including dates, times, and content.
- Gather any witnesses who can support your claims.
- Document any emotional distress with professional help, like counseling records.
- Report all incidents to the police for official documentation.
Would you like help finding local resources or legal aid to assist you further?
Can I state that I had witnesses who were unwilling to make statements because they feared retaliation from the respondent and his wife? How can I make that a point of evidence?
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You can mention that witnesses were unwilling to make statements due to fear of retaliation. To make this a point of evidence:
- Document the witnesses' fears and any reasons they provided.
- Include any indirect evidence or corroboration they might have shared informally.
- Mention this in your declarations and to law enforcement.
Would you like more detailed information on how to document this properly?