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
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Karyn
versus
Brian Patrick Carr
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Petitioner(s),
Respondent(s),
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NO. 04-2-08824-4
MOTION FOR ORDER RE:
Review of Order of Protectiuon
(OPTIONAL USE)
(MT)
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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
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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.]
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
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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 18, 2005.