Friday, April 21, 2006

Case Law Development: Evidence of Continual Pressure for More Time with Children Sufficient Evidence for Protective Order

The Washington Court of Appeals upholds a trial court’s issuance of a protective order against Husband, concluding that although a “close question” Husband’s “knowing and willful conduct, typified by his frequent phone calls outside the parenting plan's designated times and his constantly pressuring her for additional time with the children, annoyed and harassed [Wife] such that it qualified as "unlawful harassment." Wife’s testimony and that of her co-workers regarding her fear that Husband intended to injure her, while “not overwhelming… is enough to support the trial court's finding that [Wife] had a fear of injury that a reasonable person would experience under the same circumstances.”

Phasavath v. Haggerty, 2006 Wash. App. LEXIS 701 (April 17, 2006)
Opinion on the web (last visited April 20, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_23.html

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