Washington Restraining Order

Ex Parte Restraining Order / Order to Show Cause

Superior Court of Washington

County of

Restraining Order Summary:

[ ] Does not apply.

[ ] Restraining Order Summary is set forth below:

Name of person(s) restrained:    Name of person(s) protected:

Violation of a Restraining Order in paragraph 4.1 below with actual knowledge of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.09.060.

I. Show Cause Order

It is Ordered the [ ] petitioner [ ] respondent appear and show cause, if any, why the restraints below should not be continued in full force and effect pending final determination of this action and why the other relief, if any, requested in the motion should not be granted. A hearing has been set for the following date, time and place:

If you disagree with any part of the motion, you must respond to the motion in writing before the hearing and by the deadline for your county. At the hearing, the court will consider written sworn affidavits or declarations. Oral testimony may not be allowed. To respond you must: (1) file your documents with the court; (2) provide a copy of those documents to the judge or commissioner’s staff; (3) serve the other party’s attorney with copies of your documents (or have the other party served if that party does not have an attorney); and (4) complete your filing and service of documents within the time period required by the local court rules in effect in your county. If you need more information, you are advised to consult an attorney or a courthouse facilitator.

Failure to appear may result in a Temporary Order being entered by the court that grants the relief requested in the motion without further notice.

II. Basis

A motion for a temporary restraining order without written or oral notice to the [ ] petitioner [ ] respondent or that party’s lawyer has been made to this court.

III. Findings

The court adopts paragraphs 2.1, 2.2, and 2.4 of the Motion/Declaration for an Ex Parte Restraining Order and for an Order to Show Cause (Form WPF DR 04.0150) as its findings, except as follows:

[ ] Further, the court finds that the nonrequesting party is absent and a) is on active duty as 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. Despite the service member’s or dependent’s absence, failure to enter the temporary orders below would result in manifest injustice to the other interested parties.

IV. Order

4.1 Restraining Order

Violation of a Restraining Order in paragraph 4.1 with actual notice of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.09.060.

[ ] Does not apply.

[ ] The [ ] petitioner [ ] respondent is restrained and enjoined from:

[ ] disturbing the peace of the other party or of any child.

[ ] going onto the grounds of or entering the home, work place or school of the other party or the day care or school of the following protected children:

[ ] 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 the protected children.

[ ] 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 the children.

If the court orders this relief after the hearing, 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.

[ ] Clerk’s Action. The clerk of the court shall forward a copy of this order, on or before the next judicial day, to which shall enter this order into any computer-based criminal intelligence system available in this state used by law enforcement agencies to list outstanding warrants.

(A law enforcement information sheet must be completed by the party or the party’s attorney and provided with this order before this order will be entered into the law enforcement computer system.)

Service

The requesting party must arrange for service of this order on the restrained party. File the original Return of Service with the clerk and provide a copy to the law enforcement agency listed above.

Full Faith and Credit

Pursuant to 18 U.S.C. § 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

4.2 Other Restraining Orders

[ ] The [ ] petitioner [ ] respondent is restrained and enjoined 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 is restrained and enjoined from removing any of the children from the state of Washington.

[ ] The [ ] petitioner [ ] respondent is restrained and enjoined 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.

[ ] The [ ] petitioner [ ] respondent shall be the parent with whom the child(ren) reside until the hearing.

[ ] Other:

4.3 Surrender of Firearm or other Dangerous Weapons

[ ] Does not apply.

[ ] It is ordered that (name) surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the person or agency named in the Order to Surrender Weapon (Issued without Notice) signed by the court on this date, under this cause number.

4.4 Expiration Date

This order shall expire on the hearing date set forth above or 14 days from the date of issuance, whichever is sooner, unless otherwise extended by the court.

4.5 Waiver of Bond

[ ] Does not apply.

[ ] The filing of a bond or the posting of security is waived.

4.6 Other