Seattle, WA asked in Criminal Law and Domestic Violence for Washington

Q: My fiance was wrongfully arrested on a DV charge. I need to know how to get the stay away order dropped.

The police refused to listen to the details of what was really happening that night. He was in fact PROTECTING me, not hurting me in any way - but based on what they thought was happening, they arrested him for domestic violence. The judge, then, after reading the police report, deemed that I was in danger and issued a stay away order. This man is my best friend, and the ONLY person that protects me and takes care of me. I don't even want to ever imagine my life without him. He is no danger to me in any way, and he has never tried to harm me. I was arrested as well that night, because when the police told me they were going to arrest him and I tried to tell them he didn't do anything, but they wouldn't listen, I threatened the cop. Yes, stupid move, I know - but you have to understand - I NEED this man in my life. I just recently moved to Seattle (like a month ago) and I have been homeless the whole time. I am terrified to think what might happen to me on the streets without him.

1 Lawyer Answer

A: Different courts work a little differently. You may want to call the court clerk's office (or go there) and ask them what the procedure is. Also, you can talk to you his lawyer (the clerk can tell you who that person is) and they may be able to give you some direction, although they won't be ethically allowed to give you legal advice. If all that fails, you can call and talk to the prosecutor's office about the case and get information from them about your options. They likely have a domestic violence advocate who can assist you, and that person should be available regardless of whether you actually believe you were the victim of domestic violence.

Finally, there should be a DV advocacy group somewhere near you that commonly works with the courts. The prosecutor, defense lawyer, and court clerk can all tell you how to reach that agency. They will be able to answer all your questions.

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