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

In re:

xxx
Karyn

versus

Brian Patrick Carr


Petitioner(s),      



Respondent(s),  

  NO. 04-2-08824-4

  MOTION FOR ORDER RE:

  Review of Order of Protectiuon

  (OPTIONAL USE)
  (MT)

I. RELIEF REQUESTED

Brian Patrick Carr [Name of party] moves the court for an order re: Order of Protection granting the following relief [explain what you want the court to order]:
Revokingf Order of Oct 27, 2004, hearing on matter
Combining this case with 04-2-08908-9
Granting temporary Order requested on Nov 12, 2004 in 04-2-08908-9

II. STATEMENT OF FACTS/STATEMENT OF GROUNDS
[Clearly and briefly state the facts upon which you base your case. Print or type.]

The Orders of Oct 15, 2004 and Oct 27, 2004 should be revoked as there were no allegations of domestic violence or stalking as defined by and required by the relevant statutes.

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Clark County Superior Court

Signed at Brian P. Carr, [City] Vancouver, WA [State] on Nov 23, 2004[Date]
_____________
Signature
_____Brian P. Carr________
Print or Type Name

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.]

In the original petition and at the hearing of Oct 27, 2004 there were no allegations of doemstic violence or threats of violence. The allegations of stalking are conclusory and the underlying allegations do not meet the statutory definition of stalking (fear of harm...). Attending public functions of an organization that both parties have been a member of and attended meetings of for many years does not, on face, constitute stalking. as such the order should have been denied on Oct 15, 2004 and Oct 27, 2004 (in writing on the order) because it did not meet the statutory requirements.

IV. EVIDENCE RELIED UPON
[Clearly identify the evidence you want the judge to consider with your motion. Print or type.]

1. XXXXXXXXXXXXXX: Petition for Order of Protection, Temporary Order for Protection, Order for Protection, Hearing XX of Oct 27, 2004 transcripts.

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


Notice to party: You may list an address that is not your residential address where you agree to accept legal documents.
_Brian P. Carr____
Signature of Party
_Brian P. Carr____
Print or type name
_11301 NE 7th St., Apt J5
Address
_Vancouver, WA 98684__
MOTION FOR ORDER (MT) - Page 2 of 2
WPF DRPSCU 01.0050 (6/2004)


This page was last updated on September 18, 2005.