Professional Documents
Culture Documents
13 OCT 04 PM 12:42
KING COUNTY
SUPERIOR COURT CLEF
E-FILED
CASE NUMBER: 13-3-08383-'
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TWILA MARKHAM
Petitioner,
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NO.13-3-08383
- 7 SEA
W IFESDECLARATION
OPPOSING MOTION TO DISMISS
____________________________________________ )
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the following facts and I am competent to testify.
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2.
M y husband and I have been married for 33 years. Our marriage permanently
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ended after an escalation o f domestic violence in late April, 2013. I filed for dissolution in
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early May. In the early years o f our marriage, we lived in Alaska where Jerry practiced law.
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Jerry is well known in Kodiak where we formerly lived. He was an Assistant State Attorney
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WIFES DECLARATION -1
LAW OFFICES________________________
M ic h a e l W . B u g n i & A s s o c .,
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
pllc
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The home in which I currently reside was purchased 1986. Jerry and I jointly
lived there until he was arrested in April. As Jerry has begun to wind down his business over
the past 10+ years, we have traveled less and less to Alaska. We began purchasing real
property and spending more time in Seattle. We assisted my son in the purchase of his home
which is across the street from the rental behind my home. He is a great help to me. Neither
Jerry nor I have qualified for the Alaska Permanent Fund dividend, an annual payment made
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to Alaska residents, for I would estimate 10 years or more. Prior to separation, Jerry was
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denied an Alaska real property tax deduction because he was absent from the State too many
days.
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was arrested in April, 2013 for domestic violence. He has entered into a Stipulated Order of
Continuance which requires that Jerry participate in a Washington State Domestic Violence
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Program. The treatment program will require that Jerry maintain a presence in Washington
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Since our separation, Jerry has told the court and our mutual friends that he
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lives in our house in Friday Harbor and uses his private airplane to travel between Friday
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Harbor and Seattle. Jerry submitted responses to interrogatories verifying that the majority of
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time has been spent in Washington over the past 20 months (January, 2012 - August, 2013).
Exhibit 1.
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WIFES DECLARATION - 2
LAW OFFICES______________
M ic h a e l w . b u g n i & A s s o c ., pl l c
11$20 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206)365-5500 0 FACSIMILE (206) 363-8067
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for that property, Karl Loeffler. I have not been to Alaska for more than short visits for 8 - 10
years. 1 consider myself a Washington resident and I intend to continue living in my Seattle
home for the foreseeable future. I do not ever intend to reside in Alaska in the future. While
it may be true that I have an Alaska drivers license and voter registration, I do intend to
change those. Jerry was very controlling during our marriage and it was he who insisted we
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be domiciled on paper in Alaska even though we lived our day-to-day lives in Washington.
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Now that we are divorcing, I would like to move forward with formally establishing domicile
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here. My support system is all here in Seattle, including my son who lives across the street
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from me. My dog has been going through post-stroke and post cancer rehabilitation
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treatment, which is all here in the Seattle area. All of Jerrys doctors are also here in Seattle;
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notarized by someone by the name of Richard Return. There were multiple times during our
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marriage when Jerry forced me to sign documents. Some I was allowed to read, some not.
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Several days before April 15, 2013, Jerry approached me with the type-written affidavit and
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told me to sign it. The purpose of the document was his attempt to obtain a senior citizen
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property tax exemption for our property at 211 Mill Bay Road, Kodiak, Alaska 99615. But he
knew' that if we did not qualify for Alaska residency, he would not get the exemption. The first
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few times he told me to sign the affidavit, I declined. I told him I did not want to have
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WIFES DECLARATION - 3
LAW OFFICES____________________________
M ic h a e l W. b u g n i & A s s o c ., pllc
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206)365-5500 0 FACSIMILE (206)363-8067
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anything to do with his fraudulent representations. I explained that I do not want to sign it
because I do not live in Kodiak. I live in Seattle.
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me. He increased his mental, emotional and physical domination over me by making repeated
degrading comments, criticizing my logic for not signing it, blaming me that we have to live
in Seattle and not in Kodiak. I refused to sign the affidavit and said I want nothing to do with
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it. But Jerry was persistent and increasingly angry. He approached me to sign repeatedly.
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This pattern of me refusing to sign and Jerry relentlessly badgering me went on for several
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days. Eventually, I was exhausted and broken down. Jerry succeeded. I threw up my hands
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and gave in. I signed the affidavit against my will, just to be free of Jerrys constant
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browbeating and berating. Unfortunately, even though I signed, Jerry could not calm himself
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and his violence continued to escalate until he was arrested just days after he forced me to
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sign.
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The affidavit purports to be notarized, but I do not even recall the document
Irrespective o f whether I was domiciled in Alaska on the date that the affidavit
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was signed or not, does not change the fact that after separation in late April - after Jerrys
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as my permanent residence and domicile. When I signed the Petition for Dissolution in King
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County, I truthfully stated that I was a resident of King County. I intend to remain living in
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WIFES DECLARATION - 4
LAW O FFICES__________________________ _
M ic h a e l W. B u g n i & A sso c ., pl l c
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 0 FACSIMILE (206) 363-8067
here in my home, with my dog, across the street from my adult son and where the entirety of
my support system is anchored. I ask that the court respect my choice and deny Jerrys
motion.
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Not only do I want to keep the divorce matter here in Washington State
because I live here, but I would be at a substantial disadvantage if we had to litigate the
divorce in Alaska. Jerry was a prominent attorney in the town where we lived and was a
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I certify and declare under penalty of perjury under the laws of the State of
Washington that the foregoing statement is true and correct.
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IA
TWILA MARKHAM
Petitioner/Wife
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WIFES DECLARATION - 5
LAW OFFICES
___________________
M ic h a e l w . B u g n i & a s s o c ., pllc
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 g j FACSIMILE (206) 363-8067
Exhibit 1
V JJ.* -* * 1 J k l A U
a.A -4
Fax:
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12 VICTIM INJURIES:
{Pain to right forearm
13 INCIDENTAL PROPERTY DAMAGE:
{N/A
-->}
(DESCRIPTION VALUE)
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14 VEHICLE IMPOUNDED?:
STORAGE LOCATION: [
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[N]
(Y/N)
For: 6558
Page 5 of 36
Fax:
M EM
1313-.1 ASSET-NONAGG-DV
GERALD.
TWILA and MIGAL went to TWjlLA's house to get the dog.
TWILA
stated that GERALD told her he did jnot want her to go and began pushing her/
into a wall in and near _the living Jrogni. -.She_ stated _that .he_uaed^hlfi .fcajidsj
and body to forcibly push her into ia wall, preventing her from walking away
from him.
TWILA stated that she wajs fearful for her safety.
TWILA stated
that GERALD told her that she shouljd stay so they couIdTTTalk.
TWILA then
stated to me, "I know better than jthat though. TWILA pointed to her right
forearm and stated that she felt pajin there when she was getting pushedI
did not see any visible marks on TWILA from tonight's incident.
I observed
a small scratch to TWILA1s right fcjrearm that was beginning to heal. TWILA
stated that she had received the sdratch a few days prior when GERALD was
grabbing her and she pulled away, j
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I spoke with MIGAL who advised thatj she was present during the incident,
She had gone to meet TWILA because[TWILA was scared and wanted to leave her
house. MIGAL stated that she had l$een standing next to the front door
(with a clear view of the living rcj>om and kitchen) during the argument and
assault between GERALD and TWILA. jMIGAL stated that she saw GERALD push
and shove TWILA, knocking her intojwalls when she was trying to leave.
MIGAL had her two kids with her when she came to get TWILA.
Her children
are about 3 and 5 years old. MIGAL stated that she does not think they
witnessed the assault, just heardjthe commotion.
MIGAL also stated that
she felt as though GERALD was holding back his anger toward TWILA because
she was present.
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TWILA. and MIGAL left and went to MIGAL's house.
TWILA stated that she was
unable to take her dog because GERALD would not let herWhile at MIGAL's
house, GERALD came over and began pounding on the front door.
MIGAL stated
that GERALD was asking her if her iiusband was home tonight. MIGAL advised
me that her husband was not home tdnight.
GERALD walked away southbound
from MIGAL1s residence.
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I did not immediately advised GERALD that
When I did advise him, GERALD stated that
attempted to walk back into his house.
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free to walk away.
GERALD stated that he
incident and wanted a lawyer.
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For: 6558
Page 6 o f 36
Fax:
MENT
I placed GERALD under arrest and walked him to Officer Schmitt's patrol
vehicle.
I advised GERALD of his Fjliranda Rights,
GERALD stated that he
understood his rights and wanted to speak further.
GERALD stated that what
had occurred tonight did not amount!, to a DV Assault.
He restated that he
was just trying to keep TWILA from[leaving when She was intoxicated.
Officer Schmitt transported G e r a l d !to the North Precinct.
booked into KCJ.
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He was later
A/Lt Pendergrass #4942 screened the incident and arrest at the North
Precinct i
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I hereby declare (certify) under penalty of perjury under the laws of the
State of Washington that this report is true and correct to the best of
my knowledge and belief (RCW 9A.72.G 85)
Electronically signed:
SAN MIGUEL, SHELLEY A
Place: Seattle, WA
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For: 6558
Page 7 o f36
Fax:
MENT
GE
REPORT INFORMATION
Offense #
137730
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Offense year : 2013
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Date occurred
:04-24-2013
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Time reported
:2 1 4 1
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Status : O (OPEN)
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Family Violence : N
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Submitted by : 6910 (SAW MIGUEL, SHELLEY A
Date reported
:04-24-2013
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Time reported
:2141 1
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Org Unit : B123U (NORTH PCT 3RD W -j UNION)
Location : 810 NE 58 ST
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Municipality : SE (SEATTLE)
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County : 1 7 (KING)
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Bias : 88 (NONE (NO BIAS))
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Felony/Misdemeanor : M
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Gang involved : N (NO GANG INVOLVEMENT)
IBR OFFENSE
(6910))
NARRATIVE TEXT
Subject ; INCIDENT NARRATIVE
Type of text : NT (NARRATIVE)
For: 6558
Page 8 o f 36
Exhibit 2
Fax:
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CO Un i
C^efo\A lY]agB-,aj<i-i
Defendant.
Come NOWthe Parties, by and through the attorneys; of record below-named, and hereby move this Court to enter
the following Stipulated Order of Continuance (hereafter known as "Agreement").
Defendant' s Waiver of Rights. Agreement. And Order
1. Period of Pre-Trial Supervision. The Defendant agrees the continuance contemplated by the Parties to this
Agreement is for a period of
months following entry of the order.
2. Waiver of Sneedv Trial fCrRhi 3.3fc)f21fi11. f he Defendant understands that s/he has the right to be tried
w ithin 90 days (out-of-custody) 0 60 days (in-custody) following the "commencement date" as defined in
CrRLJ 3.3(e), and that if the Defendant does not receive a trial within this time period the case may be dismissed
with prejudice unless the Defendant waives this right. The Defendant gives up that right; and agrees to a new
commencement date of 8 j i^t ! 1 5
. with ajspeedv trial expiration date of ^ i 1 UWf f5 _
3. Waiver of Rights fCrRLl 6.t.lfa~)1. Defendant\ understands that s/he has the following important rights and
that s/he gives them ail up by entering into this Stipulated Order of Continuance:
(a) 1give up the right to a speedy trial and waive mYspeedy trial rights for the length of this Agreement
plus 90 days; my new speedy trial commencement date shall be the end date of this Agreement;
(b) I give up the right to contest and object jto the evidence presented against me at a future hearing if the
judge determines that I have violated tbjis Agreement.
(c) I, as well as the State/City, give up the rjght to a public trial by an impartial jury in the county where the
crime is alleged to have been committee!.
(d) I give up the right to remain silent before and during the trial, and the right to refuse to testify against
myself;
(e) 1give up the right at trial to hear and question the witnesses who testify against me;
(f) I give up the right at trial to testify and |o have witnesses testify for me. These witnesses can be made to
appear at no expense to me.
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The Defendant understands that the maximum possible sentence for the crime(s) of r r ^ o f X i ,LL-t L 3v
_______ ____________ is 364 days in jail and/or a $5,000 fine plus costs and assessments, of ___________ ______
is 90 days in jail and/or a $1,000 fine, plus costs and assessments, and that the judge can impose any sentence up
to the maximum, no matter what the prosecuting authority or the defense recommends if the Agreement is
revoked,
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4. Defendant's Agreem ent. Defendant understand^ that by entering in the agreement he or she is not admitting guilt
and that no determination has been made by the judge as to whether this evidence is sufficient to support a finding of
guilty- However the Defendant also understands and Agrees that in the event he or she violates this agreement, the judge
will review the evidence listed below, and based only upon this evidence, the judge will decide if he or she is guilty of the
crime(s) listed in Section 3 above.
Fax;
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Defendant understands that the police reports and any Other specified materials listed above, for administrative purposes
only, may be marked as exhibits. These documents will! be filed in the court file but they will not be admitted into
evidence at this time. Should Defendant violate this Stipulated Order of Continuance he or she hereby waives any
objection to their admission into evidence at a future hearing.
5. D efendants P rom ise to be P re se n t in C ourt. |The Defendant understands and agrees that s/h e shall be
present in court a t all future court hearings herein ijnless previously waived by the Judge and that failing to appear
and/or failure to provide proof o f compliance with conditions may be a violation o f this Agreement The Defendant is
responsible fo r filing proof o f compliance with all conditions with Probation^
8. Costs o f M onitoring C om pliance. The Defendant agrees to pay k / O Q to Seattle Municipal Court as a
compliance m onitoring fee.
9. O th er F inancial P enalties: The Defendant agrees to pay
______to Seattle Municipal Court in addition to
restitution o r m onitoring fees,
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10. C rim inal Law Violations. The Defendant shall have no criminal law violations during the term ofthis
A greem ent The Defendant understands and agrees jthat this Court may take action on the Prosecution's motion
alleging the Defendant's violation of this condition prior to any resolution of the alleged new criminal law violation.
The Defendant specifically agrees th at a "convictionT for a criminal law violation occurring after the entry of this
Agreement is not a prerequisite to this Court taking iaction on the Prosecution's motion to revoke this Agreement
due to the Defendant's alleged violation ofthis condition.
The Defendant understands and agrees th at in a [hearing alleging violation of this condition, the Prosecution
may proceed via the admission of reliable hearsay ajone. ER 1101(c) The Defendant further agrees that the
Defendant's petition or other request of any Washington Court to grant the Defendant a Deferred Prosecution
pursuant to RCW 10.05 e t seq., for any new crirainaJjlaw violation occurring after the entry of this Agreement shall
be a violation of this condition. Traffic a n d /o r civil infractions are not considered criminal law violations.
11. A ddress a n d T elep h o n e In fo rm a tio n . The Defendant agrees to notify the Court or Seattle Municipal
Probation within 24 hours of any change of residence address, mailing address, or telephone number.
12. O rd er fs) P ro h ib itin g Contact. The Defendant agrees to strictly comply with all provisions of any court order
pmjribiting contact The Defendant shalbnot contact o r ;
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13. 0 A icohol/D rues P ro h ib ite d , t h e Defendant shall not possess or consume alcohol, or any illegal nonprescribed drugs. Defendant understands and agrees th a t Seattle Municipal Probation may order the Defendant to
provide samples of breath or urine from tim e to time as a m eans of monitoring this condition. The defendant
understands and agrees that failure to comply with tHjs condition shall be a violation o f this Agreement
14. S [ F ire a rm s. The Defendant shall not possess or own any firearm or other dangerous weapon. The
Defendant shall forfeit firearms, dangerous weapons, and any Concealed Pistol License by the end of the next
business day.
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15. 0 Chem ical D ependency T re a tm e n t. The Defendant shall obtain a chemical dependency evaluation from a
state-certified agency (orADATSA if referred by probation), and thereafter successfully comply with all treatm ent
recommendations, and is responsible for filing proolj of same with Seattle Municipal Probation. Defendant shall
Fax:
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21. Release Authorization. The defendant agrees jto sign all necessary releases to allow Seattle Municipal
Probation and treatment providers to fully exchange information regarding compliance issues.
P rocedure on Successful Completion of Conditions
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The City agrees to continue the case until
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If the Defendant has successfully complied
with the conditions of this Agreement, the Prosecution agrees to move to dismiss the charges with prejudice at that
Defendant
, y
P' hLo^L,
Defendant's attorney
The court, having considered the motion, exhibits and arguments of counsel, and aving found that a
stipulated order of continuance is appropriate, hereby orders this matter continued to " r / / y <
subject to the terms and conditions listed above.
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Judge
Exhibit 3
mg
CERTIFIED
COPY
T h e c it y o f S e a t t l e , P l a in t if f
iI .. , L j
I H iV f k k
C ase#
Defendant
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No-Contact Order
1.
Defendants Identifiers
Date of Birth
PrfflM L&,
HOB
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~ ~ Gender
Ls=
Race
: f i t . / M
Gender
: M ill#
m
Race
;' I j L / i X M l. r f r *
Findings of Fact
2. Based upon the record both written and oral, the court finds that the defendant has been charged with,
arrested for, or convicted of a domestic violence offense, and the court issues this Domestic Violence No-Contact Order under chapter 10.99 RGW to prevent possible recurrence of violence.
3. Th^court further finds thatthe defendants relationship to a person protected by this order is an
intimate partner (former/current spouse; parent of common child; or former/current cohabitants as
intimate partners) or Other family member as defined by Ch. 10.99 RCW: SMC 12A.06.120.
4. (Pretrial Order) For crimes not defined as a serious offense, the court makes the following
mandatory findings pursuant to RCW 9.41.800: The defendant used, displayed, or threatened to
use a firearm or other dangerous weapon in a felony. T h e defendant is ineligible to possess a
firearm due to a prior conviction pursuant to RCW 9.41.040; or Possession of a firearm or other
dangerous weapon by the defendant presents a serious and imminent threat to public health or safety,
or to the health or safety of any individual.
5. Defendant:
A. do not cause, attempt; or threaten to cause bodily injury to, assault, sexually assault, harass, stalk,
or keep under surveillance the protected person.
B. do not contact the protected person, directly, indirectly, in person or through others, by phone, mail,
electronic or any other means, except for mailing or service of process of court documents through
a third party, or contact by the defendants lawyers. ^
C. do not knowingly enter, remain, or come within v >" (500 feet if no distance entered) of the
protected persons residence, school, workplace, other:
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exceptions:
E. other:
31-017 Domestic Violence No-Contact Order WPF NC 02.0100 (May 2012) - RCW 10.99.040, .045.050
Original-Court Yellow-Defendant Pink-Victim Golden-City Attnys Office
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Warning; Violation of the provisions of this order with actual notice of its terms is a criminal
offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by
shooting, or reckless endangerment that is a violation of this order is a felony. You can be
arrested even if the person protected, by this order invites or allows you to violate^ the orders
prohibitions. You have the sole responsibility to avoid or refrain from violating the orders
provisions. Only the court can change the order upon written application.
A dditional Warnings to Defendant: This order does not modify or terminate any order entered in
any other case. You are still required to comply with other orders.
Willful violation of this order is punishable under RCW 26.50.110. State and federal firearm
restrictions apply. 18 U.S.C. 922(g)(8)(9); RCW 9.41.040.
Pursuant to 18 U.S.C. 2265, a court in any of th jj0 states, the District of Columbia, Puerto
3Rico,.any U|iitert.^%fe^..territO!r^.APftany tribal lanS'within th^/United States shg.ll.accord fu lL ,,
faith and credit tb th e order.
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Additional Orders
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6. Ef Civil standby: The appropriate law enforcement agency shall, at a reasonable time and for a
reasonable duration, assist the defendant in obtaining personal belongings located at:
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\].
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7. The clerk of the court shall enter this order into a computer-based criminal intelligence system
available in the state used by law enforcement to list outstanding warrants or forward a copy of this
order on or before the next judicial day to the protected persons local law enforcement agency,
8. This order replaces all prior no-contact orders protecting the same person issued under this cause
number. .
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f.
Dated:
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Time
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The protected person shall be provided with a certified copy of this order.
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31-017 Domestic Violence Nd-GontactOrder WPP NC 02,0100 (May 2012) - RCW 10.99.040, .045.050,
Original-Court Yellow-Defendant Pink-Victim 'Golden-City Attnys Office
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Exhibit 4
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V;- Affidavit o f TwiJa Y. Markham
Twila Y. Markham
SEAt:
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fo lW Lee
NOTARY PUBLICin and or Washington
MyCommissjon x p ire s _ j% jj& ^ ns-
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