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In the Court of Appeals, Division II
State of Washington

				|       Number
				|
Brian Patrick Carr		|       326-710
	     Appellant		|
				|        Narrative Report
	versus			|
				|         of  Hearing
Karyn				|
	     Respondent		|       October 27, 2004
				|			

Clark County District Court Room Number 3
1200 Franklin Street
Vancouver, WA 98660
Superior Court Case 04-2-08824-4
October 27, 2004

Before: Honorable Richard Melnick

Appearances: Petitioner
Karyn

Respondent
Brian P. Carr
11301 NE 7^th St, Apt J5
Vancouver, WA 98684
360-607-0556

There was no court reporter for this hearing.

Prepared by Appellant, Brian P. Carr from electronic record.

Court Opening 1:36:39PM

Off the record.

All rise! The District Court ... is now in session. The Honorable Richard Melnick presiding.

On the record. 1:36:39PM

...

Shayne XXXX v. Jason XXXX 3:06:18PM

THE COURT: 3:06:18PM Is Karen XXXX here, Shayne XXXX,... Is Jason XXXX, Angela XXXX.

Jason: 3:07:17PM Good afternoon I am Jason XXXX.

...

THE COURT: 3:08:40PM Is this a sheriff's office case?

Jason: 3:08:43PM Uh, I believe so.

THE COURT: 3:08:43PM Is it a Vancouver police department case?

Jason: 3:08:43PM That was the day ticket (hands ticket to judge) and here is....

THE COURT: 3:08:50PM OK, give me a second. Let me see if I can find the police report.

Jason: 3:09:00PM There were photographs taken....

THE COURT: 3:09:29PM What's the date of this?

THE COURT: 3:09:39PM Which is the actual allegation of the assault?

Angela: 3:10:00PM The sixth. That is... The no contact order was on the 10-7.

THE COURT: 3:10:32PM It's interesting. The officer found probable cause and so has the court. You gave the same story to the officer? Is that correct?

Jason:3:10:34PM Yes.

THE COURT: 3:10:38PM OK, the court now finds that there is probable cause to believe that you were the aggressor. Is that correct?

Angela:3:10:34PM Yes.

THE COURT: 3:10:43PM OK, I am not going to issue the order in this case. Again for the record, I have had access to the Clark County Sheriff's police report 0419772.

Karyn's Allegations 3:22:41PM

THE COURT: 3:22:41PM Karyn xxxxx and Brian Carr

OK, this is a temporary order. Karyn you are the Petitioner correct?

Karyn: 3:22:59PM Yes I am.

THE COURT: 3:23:00PM Do you wish to have this continued?

Karyn: 3:23:02PM Yes I do.

THE COURT: 3:23:04PM Are you opposed to this Mr. Carr?

MR. CARR: 3:23:05PM Yes I am.

THE COURT: 3:23:07PM OK, Karyn, go ahead and tell me.

Karyn: 3:23:98PM Brian and I were married for less than a year. I filed for divorce in August. He was opposed to getting divorced. I wanted him to move out at the time I filed for divorce. He didn't want to and stated that he would not file, excuse me, not sign the divorce papers unless I let him continue to live in my house until he found another place. I asked him to move out immediately, like I said, he refused. He said he needed 30 days. He ended up taking 45 days.

In August when I filed for divorce he started to come to social functions that I had been attending with my friends in a social group called Mensa I had belonged to in Oregon for 24 years. That was very upsetting to me. He, I asked him not to, umm, not to come there with my friends, because that was sort of my support network, I had friends there that I was able to discuss the situation with, and he was aware of that. I asked him to please leave me alone, I was spending a lot of time away from the house because I didn't want to be around him. We were having problems, and I asked him to please not come to those functions that he knew I was attending. He stated that he wanted to go there because I was there and he said I will most certainly not leave you alone.

One day after I sent the divorce papers off he left a job he had been at for over a year in Vancouver, got a job approximately four blocks away from my office in downtown Portland. When he finally moved out, he, instead of moving back to New York like he said he was going to do, he moved down the street approximately one mile to an apartment in Vancouver.

He moved on September, excuse me, September 23rd, got a new apartment, said he would have most of his things out by September 30th. He ended up not leaving my house until the afternoon of the 28th, he refused to sign any papers saying when he would leave, again stating he would not sign the final divorce papers if I had him leave. On the 28th in the afternoon he said he would be gone, he had the last of his things out, he kept saying he didn't have his cable modem in his new place so he was not able to leave, he said it took him a month and a half to find an apartment, that was his excuse.

On the evening of the 28th he called me very late at night saying that he had to come back because his cable modem wasn't functioning at his apartment. I told him don't come in, I'm going to sleep, my, I have a six year old son, he was asleep. He said I have a key, I'm coming. He actually came about 11:30 at night, used his key which he had not given back to me yet, came in the house. I tried to keep the door closed. He forced his way in and refused to leave. I threatened to call the police and have him removed from my house and he said you can't have me taken out because I can just say that I still live here. I still have ID with your address.

Anyway, he finally had the last of his things out, he said on the 30th which was the date which I said that if he wasn't out my father would come and have him removed, because he kept saying the police can't get me out of your house, I won't leave. He kept coming to the social functions I was going to. He knew it was scaring me and antagonizing me and upsetting me.

THE COURT: 3:27:08PM Tell me about the burglary, the residential burglary in October.

Karyn: 3:27:10PM He was aware that I was going to be out of town, going to a trip in Connecticut. I had been going with this social group to some what they call regional gatherings in various cities. I went to Connecticut for a week. I left on Thursday the 7th of October and that day earlier I received a FedEx delivery to my house of a telephone from T-Mobile, that was in his name to my address. I got it, put it on the counter and planned to call him and make some kind of arrangement to have it left on my porch or something for him to come pick up when I got back into town, but my plane was leaving that night and I needed to get to the airport.

So, I took the phone inside so it wouldn't be, you know, didn't leave it outside then and left for the airport on the 7th. I went to Connecticut and received five calls on my cell phone Friday night and Saturday morning and finally called him Saturday from Connecticut. He stated that he had a cell phone delivered to my house and he needed to come pick it up so he was coming over. I asked him not to come over. I said I'm not there, I'm in Connecticut, when I get back I will make arrangements for you to pick the cell phone up. He said no I'm coming to your house.

THE COURT: 3:28:41PM So did you go in and get it then?

Karyn: 3:28:43PM Apparently he did because when I got back into town on Wednesday the 13th, I had said I would get it to him when I got back. He said no, I need it now. Why did you have it delivered to my house, you haven't lived there for a while, you moved out last month, you had your own apartment on the 23rd of last month. Why did you have it delivered to your house. He said I don't know.

THE COURT: 3:39:05PM but while you were gone, so you made a police report and he had apparently broken in and taken it.

Karyn: 3:39:07PM I made a police report. That was gone. He had made up a list of things on the phone he wanted he said he forgot and he said he was going to come over and get.

THE COURT: 3:39:13PM OK

Karyn: 3:39:14PM When I got home the phone was gone. That had been sitting on the counter, the four things that he had said on the phone that he wanted, a rolling pin, a cord, a light bulb in a light fixture in the upstairs was gone and the light fixture.

THE COURT: 3:29:27PM Let me ask you, what is the status of the dissolution at this time.

Karyn: 3:29:30PM Uh, it's supposed to be final in approximately four weeks. The police officer who came to my house to take the report of the residential burglary and I had had the locks changed, there was no sign of forcible entry. I'm assuming he used his ID with my address to get in, but the police officer said I should get a restraining order, the court said that a normal restraining order would go with the dissolution action but the dissolution was

THE COURT: 3:29:50PM OK

Karyn: 3:29:50PM done through Lincoln County and if we were to change that now it would sort of reset the ninety day waiting period and that would just make it

THE COURT: 3:30:10PM OK

Karyn: 3:30:10PM a nightmare for me

THE COURT: 3:30:13PM OK, Mr. Carr what do you want to tell me?

Mr. Carr's Allegations 3:30:16PM

MR. CARR: 3:30:16PM That we're still married, that it was the marital residence, that I retrieved my property, that it's, you know there has been no court order or legal separation and we were in the process of separating, which means we have to separate our property, I had to find a place to stay, which I did, and I have to get my property which I did. I further oppose because it would hinder, there are still some outstanding issues that are difficult to deal with if she, ... I don't have an address for a lawyer, so there is no way I can contact her to talk about other property or other issues.

THE COURT: 3:30:56PM I don't understand that. Why do you need to contact her?

MR. CARR: 3:30:57PM Well, for example, we, I had made a loan before we were married, it's written up in writing, and it stated in the terms that if I am not living in the house then she needs to pay me a certain amount. I haven't received the payment

THE COURT: 3:31:11PM Well that's going to be handled in the dissolution action, correct?

MR. CARR: 3:31:14PM Well, if she doesn't make a payment, I need to notify her in writing that she is in default, that's part of the agreement

THE COURT: 3:31:25 OK

MR. CARR: 3:31:25PM but I can't notify her in writing because I can't contact her. Also, the functions that she is talking about were common functions, before we met we were both members of the same group. We met at those functions, we went to those functions together while we were married and when we each started, um, as we become single we will each want to go to the same events.

Karyn's Response 3:31:50PM

Karyn: 3:31:50PM Your honor, while we were married we did not ever attend those functions. We met at those functions. He was a member of the New York chapter he was traveling around the United States for a year and a half, sleeping in his car. He came to Portland. He was here for a period of several weeks. I met him at one of those functions. Shortly after we met, a few weeks after we met, he moved to San Francisco and went to their functions. He was basically doing the vagabond thing working odd jobs around the country and when he came back to Portland when we had gotten engaged, this was late 2002, he went to a few more functions and then ceased going and never really went back again and while we were married we did not go to any of those functions together. Basically my friends who were there didn't like him at all and so I didn't want to impose him on them.

THE COURT: 3:32:43PM Um, OK let me ask about the minor, the six year old.

Karyn: 3:32:45PM Yes,

THE COURT: 3:32:47PM Does, do you have any formal relationship with him?

MR. CARR: 3:32:49PM No

Court's Decision 3:32:50PM

THE COURT: 3:32:50PM OK, so there's no. OK. I'm going to order the, the protection. You are going to stay away from her. Based on what I have hearing here. You will have the dissolution action will take care of a lot of this. This is going to be a one year order. Do you have lawyers? Are you both representing yourselves in the dissolution?

Karyn's Continued Argument 3:33:12PM

Karyn: 3:33:12PM We're representing ourselves. And it does, your honor, just to let you know, it does take care of the loan. That is covered in that and I have told him previously that I am setting up an electronic payment system where those payments will be sent to him electronically and it is taken care of and this is the first month for the payments because this is the first month after which he has moved out.

THE COURT: 3:33:34PM OK

Mr. Carr's Opposition 3:33:40PM

MR. CARR: 3:33:40PM So, your honor, how do I oppose the issue further because I don't think there have been any grounds for

THE COURT: 3:33:47PM OK, well I am finding that there are grounds of domestic violence here. There have been crimes of trespass, there were crimes of stalking, and I am finding that. OK?

MR. CARR: 3:33:58PM No, I disagree with. Well, I guess

THE COURT: 3:34:00PM You can disagree and that is OK but I am still finding it. That is why we have courts of law and that's why we have judges who rule on that.

MR. CARR: 3:34:06PM Right, so how do I appeal your ruling

THE COURT: 3:34:11PM Well again, I can't give you legal advice any more than I can give anybody else legal advice. She is terrified. If you look at her, I can find that just looking at her, telling the way she is doing this. That is one of the elements of these crimes of domestic violence, OK. If you want to take it above and somebody finds it differently, that's OK, that is part of the way the system works, but at this point I am finding that you are restrained from going near her, from going near the residence. You are going to have the dissolution action.

MR. CARR: 3:34:35PM The dissolution action, I mean, like for example, she says that I left five messages, well I think I left three voice mails.

THE COURT: 3:34:41PM OK. Well now you're not going to leave any, OK. She's terrified, can't you see that? OK? Do you work, or, no? Again, I am looking at the order just to, what to do.

Karyn: 3:34:55PM Yes, I do

THE COURT: 3:35:07PM It's not a shared house at this time?

Karyn: 3:35:07PM No, it's my house. It's always been my house. He did get his own apartment last month in Tigard.

THE COURT: 3:35:10PM OK. OK.

Karyn: 3:35:16 He has also stated to me that he has removed everything that belongs to him.

THE COURT: 3:35:22PM OK, again that's the dissolution action. I can't settle property disputes here in this case. All I am doing is at this time prohibiting contact, between you and the minors.

MR. CARR: 3:35:32PM Sir, if I disagree with her statement that all the property issues have been settled, they haven't been settled. So,

THE COURT: 3:35:39PM OK, what's going to happen there is that can be handled through the dissolution action. Again, I am not hearing that. I'm not wearing that hat today. I'm wearing a different hat today. OK.

...

It's also checked school, do you go to school also.

Karyn: 3:36:09PM No, my son does. He goes to school, a private school in Portland.

THE COURT: 3:36:20PM OK. Well, the reason that I'm saying that is it says here within 300 feet of your petitioner's school, I am changing that to show within 300 feet of your person, work place and the day care school of the minor. OK.

MR. CARR: 3:36:32PM Your honor, for example, she didn't raise the allegations, but the family pot lucks were things that I took her son to with her permission before and her only complaint to him about it was, I told her about some upcoming events. I asked her if it would be OK if I took him. I described the times. She said no. I said OK.

Court Reads Order 3:36:54PM

THE COURT: 3:36:54PM OK. Here's what the order is going to say.

You are restrained from causing physical harm, bodily injury, assault, including sexual assault, and from molesting, harassing, threatening or stalking the petitioner and the minor child.

You are restrained from coming near and from having any contact whatsoever, in person or through others, by phone, mail, or any means, directly or indirectly except for mailing or service of court documents by a third party or contact by Respondent's lawyer. OK?

With the Petitioner or minor you are excluded from the residence or being within 250 feet of if, that's at xxxxx, Vancouver, WA and any future residence during the life of this order.

You are also prohibited from knowingly coming within, or knowingly remaining within 300 feet of Petitioner's person, workplace, and the day care or school of the minor child. OK, that's the court's order today.

MR. CARR: 3:37:51PM Sir, if I don't know her lawyer's address how do I contact her

THE COURT: 3:37:53PM You don't have a lawyer, correct?

Karyn: 3:37:54PM No, I don't you honor.

THE COURT: 3:37:55PM OK

Karyn: 3:37:55PM Also, just to mention he did sort of violate the order and come to my social function last week on Friday

THE COURT: 3:38:00PM OK, I've already issued the order. Let me ask a question. Is everything ready to do go in final form for the dissolution action.

Karyn: 3:38:04PM Yes it is. Yeah.

THE COURT: 3:38:06PM So you have a hearing set?

Karyn: 3:38:09PM Uh, no, it's through Lincoln County, so it's by mail. I did fortunately put those in a locked cabinet at work because he stole my other dissolution papers when he was in the house. At least they are missing, they were in a folder on the counter near the phone that he took.

THE COURT: 3:38:25PM OK, I am going to indicate here 'may have contact by mail as to dissolution only'. OK. So if you have something you need you can do that. Only as to the dissolution, not to anything else. Is that clear?

MR. CARR: 3:38:49PM Um, so if, if I don't receive a payment and I need to notify that she is in default, how would I notify her?

THE COURT: 3:38:53PM Is that part of the dissolution action?

MR. CARR: 3:38:55PM I don't know. That's

THE COURT: 3:38:57PM I don't know either. Use your sense. OK.

Karyn: 3:39:00PM He has a copy of the dissolution papers. He has a copy of all those papers.

THE COURT: 3:39:05PM OK. Why don't you step over their first, sir. Why don't you just wait right there, let him sign the order.

Do we have time for all these others? How many. Let's find another judge, I'm not going to done with this, I'm... How come I doing

CLERK: 3:39:20PM ... end of the docket.

THE COURT: 3:39:29PM So let's see. Well if they are not busy, I'll wait and not do it until the end of this docket. I still have four other cases. Go ahead and have him sign that.

...

Karyn: 3:40:20PM Thank you, your honor.

THE COURT: 3:40:21PM Did she sign them?

...

Next Case Called 3:41:21PM

THE COURT: 3:41:21PM Let's just see how much progress we make. Pamela and Rick Huffman.....

Session Ended, in Chambers Petition Review 3:59:51PM

THE COURT: 3:59:51PM What I am going to do is take these back into chambers, review them. If I have any questions I will come back into court and take people under oath or ask them any questions, but with the temporary orders I don't need to go through the hearings like I have been going through and if I go into chambers I can read them much faster and then, if you want let's do this. Plan on coming back into court at 4:15 and I should have most of them either a decision made or a pretty good idea what's going on at that point. OK.

I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct narrative of the electronic record for this hearing.

Respondent:
Karyn

This page was last updated on August 19, 2007.