Protection order should be dismissed or at least moved to family court independently from Jason civil case. They are trying to litigate all the issues of the family court case when there are 2 pending contepmts filed against them. Subtract the contempts we filed from the allegations of abusive use of litigation, then the abusive use of litigation does not hold water. They were only awarded about $2500 in attorney fees for one hearing we lost.

The contempts is WHY Anne has had this taken to civil court in an effort to have a coordinator appointed that will negate our contempts, they become a moot issue.

If the contempts are unable to be brought forward and the coordinator comes into play, nothing would stop them from bringing their own contempt on Mike for not filing his taxes on time (12/31/2023). It becomes Mike’s fault. Anne is freaking out over the mistake she made on the coordinator issue (only for children).

Appointment of another special master (alleging because due to Mike’s abusive use of litigation). They are claiming that the 2 contempts we filed complete the pattern of abusive use of litigation, it does not, because they are alive and well which is why she wants the coordinator.

Her restraining order on me is purely retaliation upon me, an abusive use of litigation in an attempt to gain an edge. Normally, you file a petition and supporting declaration. Next, the other side responds. Last, the petitioning party replies. However, Jason and his attorney did not like the way that worked, so they file a 15 page declaration in a civil protection order from his wife and want them heard at the same time (to gain an unfair and outside the civil rules edge?). Sonya’s protection order should not be in front of the same commissioner, in fact, it should have been in front of a family court commissioner. The only reason Sonya has filed this DVPO is to help Jason fight his because we caught them on the abusive use of litigation accusation with our reply. I have not used any abusive use of litigation.

LAST TIME YOU HAD CONTACT WITHER HER? Years ago.

 

1. (Charges dropped, there was no physical assault) On February 23, 2021, Michael was arrested for battery against his then intimate partner that he lived with in Florida.

2. On June 16, 2021, Michael was held in contempt for violating various provisions of the parenting plan and child support order (including canceling the children 's health insurance and refusing to pay spousal and child support).

3. In September 2021, Michael objected to my move to Oregon and the Court temporarily restrained my ability to move.

4. (not true, coordinator, special master) ln October of2021, Michael filed a baseless contempt case against me, and I was not found in contempt.

5. On November 26, 2021, Michael and I executed a CR2A Settlement Agreement so that I would be allowed to move to Oregon and to resolve other outstanding disputes.

6. On February 15, 2022, the Court entered an Order Enforcing the CR2A Agreement and awarded me attorney’s fees because Michael refused to sign the final orders.

7. On March 28, 2022, the Court appointed a Special Master because Michael refused to comply with the terms of the CR2A Agreement or Final Orders.

8. In January and February of 2022  Michael  repeatedly  emailed  my husband  in an effort to force me to communicate with him and to coerce my husband  and I into giving into his demands  or else face the consequences of his threats.

9. On April 9, 2022, Michael sent disparaging messages  and made  multiple  phone calls  to  my  husband   for  days,  and  contacted   our  children   inappropriately,  in violation  of court orders.

10. On  April  29,  2022,  the  Court  denied  Michael's Motion  to  Vacate  the  Order Appointing the Special Master.

11. (momo issue) On June  2, 2022,  the Court  denied  Michael's duplicative Motion  to Vacate  and again awarded  me attorneys' fees and costs.

12. Between  June  13, 2022- June  17, 2022,  Michael  contacted  Judge  Keenan,  my attorney,   and  my  husband   threatening  to  file  a  protection   order  against   my husband.

13. (special master?, coordinator) On August 31, 2022,  Michael  filed a Motion  to Compel,  which  was again denied as baseless.

14. (special master?, coordinator) On September 7, 2022, Michael filed another Motion for Contempt, which was again denied as baseless.

15. (no exhibit, simply not true) On September 7, 2022, when Michael did not get the answer he wanted from the Court, he contacted the company directly to threaten  a lawsuit  if they complied with our court orders. In this month he also contacted my husband Jason again via email.

16. In October  of  2022,  Michael  text  my  husband  a kiss  emoji  and  stated  he was 'conducting an investigating for my children.'

17. (not even admissible, allegedly obtained illegally, they don’t have the owner of the email as a witness) In December of 2022, I was contacted  by my nephew  because  he was concerned for  my  safety  based  on  Michael's  messages that  included  threats  of  violence against  both me and my husband.

18. In December of 2022 we had to file to garnish Michael 's accounts for refusal  to pay me court awarded  attorney  fees and I have still not received  them.

19. On December 29, 2022, a stranger appeared at my door with a stack of papers for my husband. There were I 80  pages  of  pleadings,   but  not the  denial  order  that contained   information  about   the   return   hearing   and   most   importantly  that Michael's request for a temporary order had been denied.

20. My husband  appeared  at the  return  hearing  in East  Bellevue District  Court  on. January 12th where Michael requested a continuance.

21. My husband appeared at the second return hearing  in East Bellevue  District Court where  the  Judge  transferred the  case  to  King  County  Superior Court  because Michael   was  effectively  asking   East  Bellevue   District   Court   to  change   the parenting  plan.

22. (Inappropriate to award fees for another case, dismiss her motion) On February 15, 2022, the Court awarded me $7,676.50 in attorney's fees and costs. That represented the fees incurred from December 1, 2021, through January 31, 2022. Michael was also ordered to pay another $2,500 in attorney's fees and costs on June 2, 2022, for another  bad faith motion filing.  From February 1, 2022, to January 31, 2023, I have incurred an additional $28,850.12 in attorney's fees and costs.   In total,  from  December 1, 2021  through  January  31, 2023,  I have  incurred  a total  of  $36,526.62  in  attorney's fees  and  costs  and  paid  $9,210.67  that Michael  was ordered  to  pay and  for which  I am entitled  a judgment  pursuant  to the order appointing the special  master .Of the $36,526.52 in attorney's fees I have incurred (most of which is due to Michael's bad faith actions and desire to reduce my financial  resources), I was able to garnish $11 ,321 . Before he moved all of his money out of that account.    I am asking the Court award me a judgment in the amount of$40,000, which represents the $25,204.61 in attorney's fees I have incurred, the $9,210.67 for the special master fees and costs I have paid, and an additional $5,584.72 sanction for Michael's repeated violations of the restraining order, violations of the parenting plan, and refusal to follow any of the existing orders.

23. (When Jason is arguing back and forth with me. In fact, it was Jason that called me and complained because I did not pick up. I was busy with work and could not answer. Then after reading his book of rants thought it best I not call him back.) I have an existing restraining order against Michael, which has failed to provide adequate protection for me or my family. See Exhibit A – Restraining Order. The restraining order expires in March of 2023, but Michael’s harassing and threatening behavior continues to escalate, and I am concerned about my safety and my family’s safety.

 In January of 2021, Judge O’Donnell oversaw our parenting plan modification trial. The testimony and evidence at trial was the basis for the existing restraining order. Part of this restraining order "prohibits Michael from contacting me by any means, whether directly or indirectly." See again, Exhibit A. Prior to Judge O'Donnell's ruling, Dr. William Singe (the appointed Guardian Ad Litem) filed a 2nd Amended Report recommending that Michael obtain a domestic violence assessment from a State Certified DVIT provider. This report was filed with the Court on February I, 2021.  See Sealed Confidential Report filed on February 1, 2021.

 

 I believe the background information in this case is important for the Court to know and supports entry of a Domestic Violence Protection Order, and the requirement for Michael to obtain a State-Certified DVIT Assessment.

25. As part of the Modified Final Parenting Plan entered on February 15, 2022, Michael was to pay the retainer to the new Guardian Ad Litem that he selected, Julia Jensine. Michael still has not done so and the GAL has not been able to begin her appointment or make any recommendations.  In   addition, Section   14.4   of the   Parenting Plan   contains non-disparagement clause preventing parties from making threatening, damaging, or detrimental remarks.  See Exhibit F- Order Appointing Guardian Ad Litem and Exhibit G- Modified Final Parenting Plan.

26. (there is nothing in the text exhibit that is bad) When my husband refused to speak with him any further and blocked Michael from his phone, Michael then sent a group text to Jason and our children in an effort to escalate the situation by frightening and creating anxiety in the children by involving them yet again. This is the tactic he used back in December of 2019 to harass and torment me and that originally Jed to issuance of an immediate restraining order. See Exhibit J- Correspondence from Michael to Jason and Presley. This is a violation of the restraining order, a violation of our Parenting Plan and greatly triggered the children, and caused more emotional distress to Ella who has been diagnosed with PTSD from Michael’s actions.  Ella has been in consistent therapy for trauma and PTSD (again caused by Michael) for years now.   See Sealed Health Record- Letter from Ella's Therapist.  I reported the messages to the police, but they told me it was a civil matter and took no action.

27. (family law issue: he simply is not trying to force anything on them, especially after Jason stating they don’t want to see him) On October 20, 2022, Michael texted our children Presley and Ella saying “I miss you. Not my choice,” and “when you’re ready for me I’m there.” On October 24, 2022, he texted Presley saying: “I am working every day to get you and your sister on our terms as you are a DeLance.” On October 31, 2022, Michael texted Presley saying you can see me. All you have to do is ask.” He previously stated to Presley and Ella that “it will be fixed very soon: and he “is doing everything he can to be with them again.” Michael has repeatedly stated directly to the children that “if they want to see him, all they have to do is ask.: That is not true. Michael has not taken the first required step to reinstate visits with the children. See Exhibit S -Text messages from Michael to Presley and Ella. This is a clear violation of the parenting plan and detrimental to the children.

28. (recycled from 2018-19 during the beginng of a divorce, the heated moments, has nothing to do with now, for example, the 2 contempt actions against them) Michael has even made this clear with his own words when he messaged me years ago stating things such as "We will be at war forever." "I will never stop. You Rejected me." "Jason will never be accepted by me so get ready for a difficult life." "That is my life promise if you marry him."  Exhibit T- Text Messages from Michael to Me.

29. (The address was on their paperwork) I am also in the Address Confidentiality Program. As part of our CR2A agreement, I agreed to inform Michael of the school district in which the kids reside, but I did not agree to give him my home address. See Exhibit W - Address Confidentiality Program.   It was scary and surprising that Michael had my husband served at our home address.  I am sure Michael wanted us to believe that the court had granted some type of restriction in an effort to disturb our peace, as we spent the holiday weekend worrying  about this case and what it meant for our family. For almost one week, we had to worry that a police officer might show up at our house and ask my husband to leave in front of the children, causing further emotional distress to my children and to Jason 's. J believe this is Michael's ultimate goal and, again, shows a consistent pattern of harassment exhibited by Michael, and a deliberate attempt to consistently harass us and disrupt our peace.

30. (family law issue, 2 contempt actions pending, they need to stop using her as a defense shield to his actions, she cannot simply keeps using what she has tried to use years ago, nothing she alleges is recent) One of the most frightening things about Michael's frivolous petition against Jason is that he asked for the children to be included in the order and somehow believes that the East Bellevue  District  Court  can  ' help  him  get  his  children   back.'  There are very clear requirements laid out in our parenting plan about what Michael must do to reunite with the children - he just refuses to do them.  For example, paying the GAL. However, because of his lack of effort toward this, I don’t believe his goal is to become reacquainted with the. DV children. I believe it is to use coercive methods to control and harass us until we drain our assessments9cr2afinancial resources and give into his demands. It is simply a method of revenge for him .Even  though  we  have  final  orders  that  are  supposed  to  prevent  this  continue harassment and disturbance of our peace, it has not deterred Michael from doing so in the slightest. Every time one door is shut, he finds another one to try and open. He will not stop in his efforts until his demands are met.  Michael continues to use the Court systems, my husband and members of my extended family to find new ways to harass me without taking any accountability for his actions, working on his issues or simply complying with court    orders so that he can see his children.  This is harmful to me, my husband and our children. I would also like the Court to be aware that I asked for a protection order against Michael in 2018.  I thought the evidence I provided was sufficient for a protection order to issue, but kept some evidence from my testimony because I was still deathly afraid of what Michael would do to me by bringing these things to light. The Court denied my request. I have since felt strong enough to bring forward more of this evidence including his own admittance of substance abuse issues, attending rehab, and even providing a card I have from Michael that he wrote me during our marriage where he apologizes for "laying a hand on me." See Exhibit X- Card. from Michael. Michael admitted to physically abusing me during our marriage, and this evidence, combined with the interviews and observance of Michael's behavior from our then GAL Dr. Singer,  is what  lead Dr. Singer to recommend Michael complete  a State Certified  DVJT Assessment.  For years now, while having to constantly protect and defend myself against Michael, I have suffered from severe depressive episodes that led me to acquiesce to a settlement offer last year so Jason, my children and I could move to Oregon, and because I was terrified of facing him in Court.

To summarize for the court, these are the actions that have occurred since Dr. Singer recommended Michael obtain a State Certified DVTT Assessment:

31. (allegations are still connected to pending litigation in a family law case, 2 contempt actions)  I am asking that the Court find that Michael has engaged in tactics such as harassment, abusive use of litigation, and financial control and that Michael must obtain a State Certified DVJT Assessment and comply with all recommendations from this assessment.

32. (allegations are still connected to pending litigation in a family law case) I ask that the Court  appoint  a Litigation  Special  Master  to approve  any further  filings  by Michael  against me,  my  husband,  or any  relief  involving our children. In addition,  our Guardian  Ad Litem cannot  investigate  issues  or  make  recommendations  involving Michael   and  the  children because Michael  has not paid her

33. (there has never been any domestic violence against my children or Sonya, only her allegations. I have not had any contact at all with Sonya in how long? This is abusive use of conflict on her part to cost me time and expense) I ask that Michael be required to pay the retainer for the GAL and Communication Coordinator immediately. I also ask that Michael be ordered to comply with any and all treatment recommendations of the State Certified DVJT Assessor.