In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Motion to Reschedule versus | | and Consolidate Karyn | Respondent | with case 04-2-08824-4 |
The Petitioner, Brian P. Carr seeks modifications by the Clark County Superior Court of the Amended Order for Protection and Notice of Hearing Filed on January 6, 2005.
Consolidating the matter with case 04-2-08824-4.
Rescheduling the hearing of this matter to the hearing of Janusary 28, 2005 with Judge Johnson. That failing, rescheduling for a hearing after January 28, 2005 at a date when, hopefully, Mr. Carr will be able to attend the hearing.
The Petitioner is seeking the following relief at the rescheduled hearing:
a) That the Respondent be prohibited from possessing a firearm or ammunition for a period of one year (18.U.S.C. section 922(g)(8).
b) All no contact restrictions between the parties be removed so that they can resolve their remaining property disputes and proceed with the dissolution of their marriage.
c) That any firearms which the Respondent acquires after one year be properly secured to prevent access by the minor child for as long as the minor child resides with the Respondent.
d) That the parties jointly attend at least two counseling sessions with a licensed therapist selected by the Respondent and paid for jointly.
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If the no contact restrictions can not be removed, the Petitioner is seeking the similar no contact restrictions as in case 04-2-08824-4 as long as that Order for Protection is in effect in order to prevent future 'ambushes' as described in the Petition for this matter.
The Petitioner
requests that the rescheduling and consolidation be resolved based
on the papers as he can not attend the hearing on January 19, 2005
due to the Order of Protection in case 04-2-08824-4.
________________________ Signature of Petitioner Brian Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556
Respondent:
Karyn
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In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Memorandum In Support versus | | Motion to Reschedule Karyn | Respondent | |
The parties and the court are the same in this case as in case 04-2-08824-4. Further the cases are intimately related as the Petitions and affidavits in each case make reference to the other case. Neither case can be considered without reviewing the entire record of the other case.
As such, it was an administrative error to assign a new case number to this case when the Petition was filed. RCW 26.50.060(4) allows for the realignment of the parties making the assignment of a new case number unnecessary. To date, all hearings for this matter have been consolidated with case 04-2-08824-4.
The Order for Protection in case 04-2-08824-4 currently prohibits Mr. Carr from attending any hearing where Karyn is present. Mr. Carr has requested that the order in that case be modified to allow him to attend any court session or hearing where he is scheduled to attend even if Karyn is present, but that relief has not been granted as yet. It is scheduled to be heard at the hearing of January 28, 2005.
Courts can not, in general, consider any matter or revise any decision unless some party requests relief. In general, Motions for Reconsideration, Revision, Renewal, Revisit, or Reargument are only gramted if the party has the right to appeal the decision as a matter of law at the time the motion is filed. As such, the only basis for modifying the Decision of November 12, 2004 was the Motion for Revision submitted to Judge Johnson on November 23, 2004 (within the thirty day period for raising an appeal). As the record did not indicate that any other judge or commissioner had heard the matter, jurisdiction in this matter resides with Judge Johnson.
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I certify that all documents and pleadings were prepared personally without the advice of any attorney and that I understand that the court by entering a decree or other order does not relieve myself of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.
________________________ Signature of Petitioner Brian Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556
Respondent:
Karyn
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In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Affidavit in Support of versus | | Motion to Reschedule Karyn | Respondent | |
I, Brian P.
Carr, am the Petitioner in these matters, have knowledge of the facts
of these matters and make the following statements under oath and
penalty of perjury.
On December 30, 2004, I filed a Motion to Revise in case 04-2-08824-4 asking for various relief to include the ability to attend court hearings and allowing contact as permitted by the court.
On December 30, 2004, I also filed for service with Sheriff's office the above Motion along with all prior papers which had been provided to Justice Johnson via the court clerk in these matters as well as the letter and two proposed decisions which were mailed directly to Judge Johnson.
These papers will be served on Karyn via mail as this is permitted (required) in Judge Johnson's letter of January 6, 2005. Exhibit A is a copy of that letter.
On January 8, 2005, I received a copy of the Amended Order for Protection and Notice of Hearing Filed on January 6, 2004. Exhibit B is a copy of this Amended Order.
I believe that Judge Johnson was in error in her determinations that Judge Nichols denied the petition in this case on November 12, 2004. The clerk who returned all the Domestic Violence Petitions and Orders on November 12, 2004 indicated that they had been reviewed by the different District Court Judges (who appear to also be Superior Court Commissioners though it is likely that the clerk was not aware of that at the time) as they were available and as was the normal procedure. Also, a comparison of the hand writing of the different orders indicate that while Judge Nichols may have denied the request for a Temporary Order of Protection on January 5, 2005, it was some other party (presumably one of the District Court Judges) who denied the Order on November 12, 2004.
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Notice of Service:
On January 10, 2005 a copy of these papers together with all exhibits and the other correspondence received from Judge Johnson on January 8, 2004 including the Decision in case 04-2-08824-4 entered on January 7, 2005 were served on plaintiff by mailing in an envelope addressed to Karyn, xxxx, Vancouver, WA with first class postage attached. Papers were mailed in a U.S.P.S. mail box located at 5th Avenue SE and Stark Street in Portland, OR.
I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
________________________ Dated: Jan 10, 2005 Signature of Petitioner Brian Carr Location: Portland, OR 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556
Respondent:
Karyn
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