Ex Parte Restraining Order

Motion/Declaration for Ex Parte Restraining Order and for Order to Show Cause (Nonparental Custody) (MTSC)

Superior Court of Washington

County of

In re the Custody of:

Child(ren),

Petitioner(s),

and

Respondent(s).

No.

I. Motion

Based upon the reasons set forth in the declaration below, moves the court for a temporary order and order to show cause.

1.1 Ex Parte Restraining Order

A temporary restraining order should be granted without written or oral notice to or the other party's lawyer because immediate and irreparable injury, loss, or damage will result before the other party or the other party's lawyer can be heard in opposition. This order should restrain or enjoin:

from disturbing the peace of .

from going onto the grounds of or entering the home, work place or school of the requesting party, or the day care or school of the following named children: .

from knowingly coming within or knowingly remaining within of the home, work place or school of the requesting party or the day care or school of the following children: .

from molesting, assaulting, harassing, or stalking .

from removing any of the children from the state of Washington.

Other:

should be required to appear and show cause why these restraints should not be continued in full force and effect pending final determination of this action.

1.2 Other Ex Parte Relief

Order that shall be the person with whom the children reside until the hearing.

Other:

1.3 Surrender of Deadly Weapons

Does not apply.

(If this box is checked, clear and convincing reasons for this request must be presented in paragraph 2.4 below.) The court should require to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of this proceeding, to his or her lawyer or to a person designated by the court.

1.4 Other Temporary Relief

Does not apply.

also be required to appear and show cause why the court should not enter a temporary order which:

grants the petitioner custody of the following children:

grants visitation for respondent as set forth in the attached proposed Residential Schedule, or as follows:

orders child support as determined pursuant to the Washington State child support statutes.

orders him or her to pay temporary attorney fees, other professional fees and costs in the amount of $ to:

Other:

1.5 Indian Child Welfare Act

The requesting party requests that the court enter an order finding that:

Indian Child Status:

The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC § 1903, and notice of this action must be given in accordance with 25 U.S.C. § 1912(a).

None of the child(ren) are Indian child(ren) as defined by 25 U.S.C. § 1903.

Jurisdiction:

The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC § 1903, but are not domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court has continuing jurisdiction over the child(ren); this court has jurisdiction under 25 USC § 1911.

The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC § 1903, and are domiciled or residing within the boundaries of an Indian reservation; or a Tribal Court has continuing jurisdiction over the child(ren).

1.6 Other

Guardian Ad Litem

II. Declaration

2.1 Injury to be Prevented

The ex parte restraining order requested in paragraph 1.1 above is to prevent the following injury (define the injury):

2.2 Reasons for Other Ex Parte Relief

Does not apply.

It is necessary that the court issue the other ex parte relief requested in paragraph 1.2 above for the reason set forth below:

2.3 Reasons why the Injury May Be Irreparable

This injury may be irreparable because:

2.4 Clear and Convincing Reasons Why Weapons Should Be Surrendered

Does not apply.

should be required to surrender any deadly weapons as requested in paragraph 1.3 above because of following clear and convincing reasons:

2.5 Reasons for a Temporary Order

Does not apply.

It is necessary that the court issue a temporary order with the relief requested in paragraph 1.4 above for the following reasons:

2.6 Service Member or Dependant of Service Member

If the other party is not present and:

a) is on active duty and is a National Guard member or Reservist residing in Washington, or

b) is a dependent of a National Guard member or Reservist residing in Washington on active duty, list the reasons why this temporary order should be granted despite the absence of the other party:

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

III. Efforts to Give Other Party Notice

The following efforts have been made to give the other party or other party's lawyer notice and the following reasons exist why notice should not be required: