Fill and Sign the Parte Show Form

Superior Court of Washington County of In re the Marriage of: In re the Domestic Partnership of: Petitioner, and Respondent. No . Motion/Declaration for Ex Parte Restraining Order and for Order to Show Cause ( MTSC ) I. Motion Based upon the declaration below, the undersigned 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 the other party or the other party’s lawyer because immediate and irreparable injury, loss, or damage will result before other party or the other party’s lawyer can be heard in opposition. This order should restrain or enjoin: the petitioner respondent from transferring, removing, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life and requiring each party to notify the other of any extraordinary expenditures made after the order is issued. the petitioner respondent from disturbing the peace of the other party or of any child. (Name) ____________________________ from going onto the grounds of or entering the parties' shared residence residence of (name) __________________________. (Name) ________________________ waives confidentiality of the address which is (address) ____________________________________________________________ the petitioner respondent from going onto the grounds of or entering the home, work place or school of the other party or the day care or school of these children: _____________________________________________________________________ ______________________________________________________________________. the petitioner respondent from knowingly coming within or knowingly remaining within (distance) _______________________ of the home, work place or school of the other party or the day care or school of these children:__________________________ _____________________________________________________________________. Mtn/Decl for Ex Parte Restraining Ord (MTSC) - Page 1 of 5 WPF DR 04.0150 Mandatory (06/2014) - CR 65 (b); RCW 26.09.060. the petitioner respondent from assaulting, harassing, stalking, or molesting the other party or the children, or using, attempting to use, or threatening to use physical force against the other party or the children that would reasonably be expected to cause bodily injury, or engaging in other conduct that would place the other party in reasonable fear of bodily injury to the other party or children. (If the court orders this relief, the restrained person may be prohibited from obtaining or possessing a firearm, other dangerous weapon, concealed pistol license, or ammunition under state or federal law for the duration of the order.) the petitioner respondent from removing any of the children from the state of Washington. the petitioner respondent from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, health, life or auto insurance. other: The other party 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 the petitioner respondent shall be the parent with whom the child(ren) reside until the hearing. Other: 1.3 Ex Parte Surrender of Firearms or Other Deadly Weapons Does not apply. The court should require the petitioner respondent to surrender any firearm or other 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. The petitioner respondent should also be required to appear and show cause why the court should not enter a temporary order which: orders temporary maintenance. orders child support as determined pursuant to the Washington State child support statutes. approves the parenting plan which is proposed by the petitioner respondent. approves the Temporary Residential Time re Military Parents proposed by the petitioner respondent pursuant to RCW 26.09.260(11), (12). makes each party immediately responsible for their own future debts whether incurred by credit card or loan, security interest or mortgage. divides responsibility for the debts of the parties. authorizes the family home to be occupied by the petitioner respondent. orders the use of property. Mtn/Decl for Ex Parte Restraining Ord (MTSC) - Page 2 of 5 WPF DR 04.0150 Mandatory (06/2014) - CR 65 (b); RCW 26.09.060. requires the petitioner respondent to vacate the family home. requires the petitioner respondent to pay temporary attorney’s fees, other professional fees and costs in the amount of $_______________ to: appoints a guardian ad litem on behalf of the minor children. other: 1.5 Other Dated: Signature of Requesting Party or Lawyer/WSBA No. Print or Type Name II. Declaration 2.1 Injury to be Prevented The ex parte restraining order, other relief, or surrender of weapon requested in paragraphs 1.1, 1.2 and 1.3 above are to prevent the following injury (define the injury): 2.2 Reasons why the Injury may be Irreparable This injury may be irreparable because: Mtn/Decl for Ex Parte Restraining Ord (MTSC) - Page 3 of 5 WPF DR 04.0150 Mandatory (06/2014) - CR 65 (b); RCW 26.09.060. 2.3 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 reason set forth below: If a Temporary Residential Time re Military Parents is requested, and I request delegation of residential time or visitation rights to a nonparty, to the best of my knowledge, that person: would would not be subject to limitations on residential time under RCW 26.09.191. (See paragraph 2.1 and 2.2 of the parenting plan.) 2.4 Service Member or Dependent 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: Mtn/Decl for Ex Parte Restraining Ord (MTSC) - Page 4 of 5 WPF DR 04.0150 Mandatory (06/2014) - CR 65 (b); RCW 26.09.060. 2.5 Was notice of this request for an emergency order given to the other party or lawyer? Yes . Explain what efforts have been made to give written or oral notice to the other party or other party’s lawyer: No . Explain the reasons why you believe that immediate and irreparable injury, loss, or damage will happen if notice is given: I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) ________________________, (state) __________ on (date) ______________________. Signature Print or Type Name Do not attach financial records, personal health care records or confidential reports to this declaration. Such records should be served on the other party and filed with the court using one of these cover sheets: 1) Sealed Financial Source Documents (WPF DRPSCU 09.0220) for financial records 2) Sealed Personal Health Care Records (WPF DRPSCU 09.0260) for health records 3) Sealed Confidential Report (WPF DRPSCU 09.270) for confidential reports If filed separately using a cover sheet, the records will be sealed to protect your privacy (although they will be available to all parties in the case, their attorneys, court personnel and certain state agencies and boards.) See GR 22(C)(2). Mtn/Decl for Ex Parte Restraining Ord (MTSC) - Page 5 of 5 WPF DR 04.0150 Mandatory (06/2014) - CR 65 (b); RCW 26.09.060.