Note: This Order and Petition are as received from Karyn 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. Other identifying information has been XXXXX out. This page is formatted HTML for easier downloading and searching and reading. You can also see a scanned image from the Oregon federal case which is also redacted but will be slower to download and does not have searchable text.

Hand written form entries are shown in italics. The signature block on the third page has an actual image of the signature.


CLARK CO.
SHERIFF'S DEPT.
Oct 15 440PM '04

SUPERIOR COURT OF WASHINGTON
FOR THE COUNTY OF CLARK

KarynXX/XX/XX

PetitionerDOB

Brian P. Carr

RespondentDOB

CASE NUMBER: 04-2-08824-4

TEMPORARY ORDER FOR PROTECTION AND NOTICE OF HEARING (TMORPRT),
(Domestic Violence)(Clerk's Action Required)
This Order is Effective Until Hearing on:

Date: 10/27/04 Time: 1:30PM

Clark County District Court Building
1200 Franklin Street   2nd Floor   Vancouver W A


Identification of Minors: No Minors Involved.
Name (First, Middle Initial, Last) Age Race Sex Name (First, Middle Initial, Last) Age Race Sex
Alexander XXXXX 6 W M        
               
               
For good cause shown, the court finds that an emergency exists and that a Temporary Protection Order should be issued without notice to the respondent to avoid irreparable harm. IT IS THEREFORE ORDERED THAT:
1
X
Respondent is RESTRAINED from causing petitioner physical harm, bodily injury, assault, including sexual assault, and from molesting, harassing, threatening, or stalking petitioner the minors named in the table above these minors only:
2
X
Respondent is RESTRAINED from coming near and from having any contact whatsoever, in person or through others, by phone, mail, or any means, directly or indirectly, except for mailing of or service of court documents by a 3rd party or contact by Respondent's lawyer(s) with petitioner the minors named in the table above these minors only:
3
X
Respondent is RESTRAINED from going onto the grounds of or entering, knowingly coming within, or knowingly remaining within __300____ feet of petitioner's current residence, or any future residence of petitioner during the life of this order. At present petitioner's address is confidential the following: XXXXXX, Vancouver, WA XXXXX
TEMP ORD FOR PROTECTION/NT OF HRG (TMORPRT) - Page 1 of 3
WPF DV-2.015 (6/2002) - RCW 26.50.030 (updt 3/03)
H:\FORMS\DV\Temp Order of Protection.doc


4 Petitioner shall have exclusive right to the residence shared by the parties. The respondent shall immediately VACATE the residence. Respondent may take respondent's personal clothing and respondent's tools of trade from the residence while a law enforcement officer is present. Shared address is: as stated above as follows: ________________________
5
X
Respondent is PROHIBITED from going onto the grounds of, knowingly coming within, or knowingly remaining within __300__ feet of: petitioner's:
person residence workplace school the day care or school of the minors named in the table above of these minors only:
other:
6 Petitioner shall have possesion of: essential personal belongings including the following:
7 OTHER:
Complete the following only if protection is granted involving a minor:
  A parenting plan or custody order exists and will be followed.
Parties must obtain and follow a parenting plan or custody order.
Other:
8 Petitioner is GRANTED the temporary care, custody, and control of the minors named in the table above these minors only:
9 Respondent is RESTRAINED from interfering with petitioner's physical or legal custody of the minors named in the table above these minors only:
6 Respondent is RESTRAINED from removing from the state the minors named in the table above
these minors only:

The respondent is directed to appear and show cause why this temporary order should not be made effective for one year or more and why the court should not order the relief requested by the petitioner or other relief which may include electronic home monitoring, payment of costs, and treatment.

FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT GRANTING SUCH RELIEF. THE NEXT HEARING DATE AND TIME IS SHOWN BELOW THE CAPTION ON PAGE ONE.


WARNINGS TO THE RESPONDENT

Violation of the provisions of this order with actual notice of its terms is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest. If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. sections 2261, 2261 A, or 2262.

Violation of this order is a gross misdemeanor unless one of the following conditions apply: Any assault that is a violation of this order and that does not amount to assault in the first degree or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony. Any conduct in violation of this order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. Also, a violation of this order is a class C felony if the respondent has at least 2 previous convictions for violating a protection order issued under Titles 10, 26 or 74 RCW.

TEMP ORD FOR PROTECTION/NT OF HRG (TMORPRT) - Page 2 of 3
WPF DV-2.015 (6/2002) - RCW 26.50.030 (updt 3/03)
H:\FORMS\DV\Temp Order of Protection.doc


WARNING TO THE RESPONDENT

If the court issues a final protection order, the respondent may not possess a firearm or ammunition for as long as that final protection order is in effect. 18 U.S.C. section 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,OO0 fine. An exception exists for law enforcement ofticers and military personnel when carrying department/government-issued firearms. 18 U.S.C. section 925(a)(1). If the respondent is convicted of an offense of domestic violence, the respondent will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. section 922(g)(9); RCW 9.41.040.

YOU CAN BE ARRESTED EVEN IF THE PERSON OR PERSONS WHO OBTAINED THE ORDER INVITE OR ALLOW YOU TO VIOLATE THE ORDER'S PROHIBITIONS. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application.

Pursuant to 18 U, S. C. section 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

It is further ordered that the clerk of the court sha1l forward a copy of this Qrder on or before the next judicial day to Clark County Sheriff's Office Police Department Other _____________________________
WHERE PETITIONER LIVES which shall enter it in a computer-based criminal intelligence system available in this state used by law enforcement to list outstanding warrants.

The clerk of the court shall also forward a copy of this order on or before the next judicial day to
Clark County Sheriff's Office Police Department Other ____________________________.
WHERE RESPONDENT LIVES which shall personally serve the respondent with a copy of this order and shall promptly complete and return to this court proof of service.
Petitioner shall make arrangements for service of this order.

The law enforcement agency where petitioner lives respondent lives shall assist petitioner respondent in obtaining possession of residence personal belongings located at:

Custody of the above-named minors, including taking physical custody for delivery to petitioner (if applicable).
Other:.

THIS TEMPORARY ORDER FOR PROTECTION IS EFFECTIVE UNTIL THE HEARING DATE SHOWN BELOW THE CAPTION ON PAGE ONE.

DATED 10-15-2004 at 1615 hours a.m./p.m.
Presented by:
Karyn

Petitioner
10/15/04

Date
TEMP ORD FOR PROTECTION/NT OF HRG (TMORPRT) - Page 3 of 3
WPF DV-2.015 (6/2002) - RCW 26.50.030 (updt 3/03)
H:\FORMS\DV\Temp Order of Protection.doc


CLARK CO.
SHERIFF'S DEPT.
Oct 15 440PM '04

SUPERIOR COURT OF WASHINGTON
FOR THE COUNTY OF CLARK

KarynXX/XX/XX

PetitionerDOB

Brian P. Carr10/XX/XX

RespondentDOB

CASE NUMBER: 04-2-08824-4

PETITION FOR ORDER
FOR PROTECTION

(PTORPRT) (Domestic Violence)

1. I am A member of my family or household is the victim of domestic violence committed by the respondent as described in the statement below.
I live in this county.
I left my residence because of abuse and this is the county of my new or former residence.
3. My age is:
Under 16 16 or 17 18 over

Respondent's age is:
Under 16 16 or 17 18 over
4. My relationship with the respondent is: (Mark ALL that apply.)
Spouse
Former spouse
Have child in common
Reside together currently
Resided together in past
Related by blood
Presently dating
Dated in the past
In-law
5. Identification of Minors (If applicable) No Minors Involved.
Name (First, Middle Initial, Last) Age Race Sex How child is related to
PetitionerRespondent
Resides with
Alexander XXXXX 6 W M son step-son petitioner
             
             
             
             
PETITION FOR ORDER FOR PROTECTION (PTORPRT) - Page 1 of 4
WPF DV-1.015 (9/2001) - RCW 26.50.030
H:\FORMS\DV\Petition for Order of Protection.doc


6. Other court cases or restraining, protection, or no-contact orders involving me or the minors, and the respondent:
CASE NAME NTHG Residential break-in Divorce Karyn V Carr
CASE NUMBER Y4-8492 Vanc Police V04-20401 Clark Co 397-2424 unknown (Aug 2004)
COURT/COUNTY District/Clark District/Clark Lincoln (Superior?)

REQUEST FOR TEMPORARY ORDER: AN EMERGENCY EXISTS as described in statement below: I need a temporary restraining order issued immediately without notice to the respondent until a hearing to avoid irreparable injury. I request a Temporary Order for Protection that will:

X
  I REQUEST AN ORDER FOR PROTECTION following a hearing that will:
X
  Mark each column to indicate the items you would like included in each order.

X

X
1 RESTRAIN respondent from causing any physical harm, bodily injury, assault, including sexual assault, and from molesting, harassing, threatening, or stalking
me the minors named in paragraph 5 above these minors only:

X

X
2 RESTRAIN respondent from coming near and from having any contact whatsoever, in person or through others, by phone, ---------, directly or indirectly, except for mailing of court documents, with me the minors named in paragraph 5 above, subject to any court-ordered visitation these minors only, subject to any court-ordered visitation: e-mail OK

X

X
3 EXCLUDE respondent from our shared residence my residence my work place my school the day care or school of the minors in paragraph 5 above these minors only: other: ___________________
my address is: XXXXXXX; Vancouver, WA XXXXX
I choose to observe my right to keep my residential address confidentia1.

 

 
4 DIRECT respondent to vacate our shared residence and restore it to me. The address is:

X

X
5 PROHIBIT respondent from knowingly coming within, or knowingly remaining within 500 (feet) of our shared residence my residence my workplace my school; the day care or school of the minors named in paragraph 5 above. these minors only:
other: Any Oregon Mensa social events which I attend with my friends in the Portland / Vancouver area - often with my minor son

 

 
6 GRANT me possession of essential personal belongings, including the following:

 

 
7 Grant me use of the following vehicle:
Year_______ Make & Model _________________ Color ________ License No______

 

 
8 Other: ___________________________________
PETITION FOR ORDER FOR PROTECTION (PTORPRT) - Page 2 of 4
WPF DV-1.015 (9/2001) - RCW 26.50.030
H:\FORMS\DV\Petition for Order of Protection.doc




9 DIRECT the respondent to participate in appropriate treatment or counseling services.


10 REQUIRE the respondent to pay the fees and costs of this action.


11 REMAIN EFFECTIVE longer than one year because respondent is likely to resume acts of domestic violence against me if the order expires in a year.
Complete the following boxes only if you are requesting protection involving a minor child.
I/We DO have a custody order/parenting plan. I/We DO NOT have a custody order/parenting plan.


12 Subject to any court-ordered visitation, GRANT me the care, custody and control of the minors named in paragraph 5 above these minors only:


13 RESTRAIN respondent from interfering with my physical or legal custody of the minors named in paragraph 5 above these minors only:


14 RESTRAIN the respondent from removing from the state: the minors named in paragraph 5 above these minors only:

REQUEST FOR SPECIAL ASSISTANCE FROM LAW ENFORCEMENT AGENCIES:

I request the court order the appropriate law enforcement agency to assist me in obtaining:
Possession of my residence. Use of designated vehicle above.
Possession of my essential personal belongings at the shared residence respondent's residence at: _____________
Custody of the minors named in paragraph 5 above these minors only (If applicable):
Other: _______________________
Domestic violence includes physical harm, bodily injury, assault, stalking, OR inflicting fear of imminent physical harm, bodlily injury or assault between family or household members.
STATEMENT: The respondent has committed acts of domestic violence as follows.
(Give a response to every question. Describe specific acts of domestic viloence or threats against you and their approximate dates; begin with the most recent event. You may want to include police responses and the outcomes.)
PETITION FOR ORDER FOR PROTECTION (PTORPRT) - Page 3 of 4
WPF DV-1.015 (9/2001) - RCW 26.50.030
H:\FORMS\DV\Petition for Order of Protection.doc


I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Dated 10 / 15 / 04 at Vancouver , Washington.
____________Karyn___________
Signature of Petitioner        

You have a, right to keep your residential address confidential. If you do, please provide an address, other than your home, where you can receive legal documents:


PETITION FOR ORDER FOR PROTECTION (PTORPRT) - Page 4 of 4
WPF DV-1.015 (9/2001) - RCW 26.50.030
H:\FORMS\DV\Petition for Order of Protection.doc


This page was last updated on July 9, 2008.