In Re Marriage Of Stewart

137 P.3d 25 (2006)

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Nature of the Case

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Facts

H and W have two children, R age 13, and S age 8. The marriage was dissolved in 2001. W was the primary residential parent. There have been multiple incidents of domestic violence against W in front of the children. H pleaded guilty to assault in the fourth degree and was ordered to participate in domestic violence treatment as part of his sentence. A no-contact order was issued, and W obtained a permanent restraining order prohibiting H from harassing her, stalking her, or entering her home or workplace without her permission. All exchanges of the children were to occur curbside at each party's residence. Five days later H violated the protection order. They changed the location for visitation exchanges to a Starbucks. The violence continued and escalated; all of this in front of the children. H was charged with assault in the fourth degree and violation of the 2002 restraining order. W sought a chapter 26.50 RCW domestic violence protection order. The commissioner entered a one-year protection order prohibiting H from contact with W or the children. The order included the following language. H eventually appealed the order.