Note: This motion is as submitted to the court
except that all identifying information for my wife has been replaced with her
first name, Karyn, as the normal references on my web pages are to first name
only.
Hand written entries on the form used are shown in italics.
SUPERIOR COURT OF WASHINGTON
COUNTY OF
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In re:
Brian Patrick Carr
Petitioner(s),
and
Karyn
Respondent(s),
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NO. 04-2-08908-9
MOTION FOR ORDER RE:
Petition for Order of Protectiuon
(OPTIONAL USE)
(MT)
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I. RELIEF REQUESTED
Brian P Carr [Name of party] moves the court for an order re:
Petition for Order of Protection granting the following relief
[explain what you want the court to order]:
Granting Temporary Order For Protection
Scheduling Hearing for Order of Protection
Combining this case with 04-2-08824-4
II. STATEMENT OF FACTS/STATEMENT OF GROUNDS
[Clearly and briefly state the facts upon which you base your case. Print or type.]
The Petition for Order of Protection should have been granted as there were
allegations of domestic violence (assault). Further declining to issue an Order
of Protection was defective as the court did not state in writing on the order
the particular reason's for the court's denial (as required by statute). It was
an administrative error to assign a new case number as the parties are the same
and realignment (of) the designation of the parties is authorized.
I declare under penalty of perjury under the laws of the state of Washington that
the foregoing is true and correct.
Signed at Superior Court, Clark Count, [City] Vancouver, WA
[State] on Nov 23, 2004[Date]
_____Brian P. Carr________
Signature
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_____Brian P. Carr________
Print or Type Name
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MOTION FOR ORDER (MT) - Page 1 of 2
WPF DRPSCU 01.0050 (6/2004)
III. STATEMENT OF ISSUES/ARGUMENT
[Clearly and briefly state the legal issues you want the court to decide. Print or type.]
As the court did not justify the particular reasons for declining it is
hard to refute them. However, stating these reasons in writing on the order is
required in RCW 26.50 in this case and that was not done.
It is cumbersome to separate the two cases and RCW 26.50.060 (4) permits the
realignment of the designation of the Parties' and should be used as the parties
are otherwise the same as is the court.
IV. EVIDENCE RELIED UPON
[Clearly identify the evidence you want the judge to consider with your motion.
Print or type.]
1. Declaration of: Petition for Order of Protection
Order for Protection (marked declined).
V. LEGAL AUTHORITY
[Cite the legal authroity you rely upon. Print or type.]
RCW 26.50 and associated case law.
VI. PROPOSED ORDER
[] A proposed Order accompanies this motion.
Date: Nov 23, 2004
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Notice to party: You may list an address that is not your residential address
where you agree to accept legal documents.
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_Brian P. Carr____
Signature of Party
_Brian P. Carr____
Print or type name
_11301 NE 7th St., Apt J5
Address
_Vancouver, WA 98684__
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MOTION FOR ORDER (MT) - Page 2 of 2
WPF DRPSCU 01.0050 (6/2004)
This page was last updated on September 13, 2005.