THEJKH1999
New Member
OK, so my story is really long so I will keep it as short as possible. We have already gone over parts of it in my previous thread but there's new info so I will start from the top.
My ex and I have a current custody/mutual restraining order in Hawaii. She got permission and moved to WA. Once in WA she filed for a new TRO and got it and included my son even though they didn't have jurisdiction under the UCCJEA.
She claimed I called her after I was served the TRO and I was subsequently found guilty of violating it. The Judge didn't need to have proof I made the call and I couldn't prove I didn't make the call
Since then I have gotten the WA restraining order vacated due to lack of jurisdiction under the UCCJEA. I proved that because there was NO threat and the Judge didn't contact HI and the judge even put on the order that HI has Continuing Exclusive jurisdiction, yet still took away my visitation rights, WA did not have emergency or any jurisdiction so it was Vacated. Now I still have the domestic violence conviction for calling my ex and giving her a court date.
The only thing my ex claimed I did was call her and inform her of a court date in HI, Non threatening, no harassment and it was in complete compliance with the HI orders.
SOOOO, my question is, if I proved that WA had no jurisdiction to issue the restraining order in the first place and there was no harm and it was for a litigant purpose does that let me off the hook for violating it? would it be so simple as to file for a CR60 Motion to Vacate Judgment/Order in a Family Law Action??
actually I dont know if it would be family or criminal, either way, motion to vacate?
Thanks
My ex and I have a current custody/mutual restraining order in Hawaii. She got permission and moved to WA. Once in WA she filed for a new TRO and got it and included my son even though they didn't have jurisdiction under the UCCJEA.
She claimed I called her after I was served the TRO and I was subsequently found guilty of violating it. The Judge didn't need to have proof I made the call and I couldn't prove I didn't make the call
Since then I have gotten the WA restraining order vacated due to lack of jurisdiction under the UCCJEA. I proved that because there was NO threat and the Judge didn't contact HI and the judge even put on the order that HI has Continuing Exclusive jurisdiction, yet still took away my visitation rights, WA did not have emergency or any jurisdiction so it was Vacated. Now I still have the domestic violence conviction for calling my ex and giving her a court date.
The only thing my ex claimed I did was call her and inform her of a court date in HI, Non threatening, no harassment and it was in complete compliance with the HI orders.
SOOOO, my question is, if I proved that WA had no jurisdiction to issue the restraining order in the first place and there was no harm and it was for a litigant purpose does that let me off the hook for violating it? would it be so simple as to file for a CR60 Motion to Vacate Judgment/Order in a Family Law Action??
actually I dont know if it would be family or criminal, either way, motion to vacate?
Thanks
