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Motion For Temporary Restraining Order And Preliminary Injunction In Washington
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A petition must describe the acts of domestic violence committed against the protected person/s by an intimate partner or a family or household member. The court will either deny or grant a temporary order effective for up to 14 days.
You often will be able to have a hearing with a judge the same day you file your Petition for Temporary Protection Order. A temporary order protects you during the time it takes until the Court schedules a full hearing for you and the other person to appear before a judge.
The court will either deny or grant a temporary order effective for up to 14 days. Law enforcement must serve this petition. The final hearing may be held in person, by telephone or online, if requested 3 court days prior to the hearing. At the final hearing, both parties may speak and present evidence.
Automatically-Issued Temporary Restraining Orders Some counties in Washington state will automatically issue temporary restraining orders whenever a petitioner files for divorce or family law proceedings. These aren't protection orders but rather safeguards to prevent both spouses from hiding assets.
You must explain how you or someone else may be seriously harmed if you don't get protection now, before the restrained person gets notice that you're asking for a protection order. Gather any supporting evidence, such as written statements, printed photos, or documents that help prove what you're saying is true.
Emergency Protective Order (EPO): Typically, law enforcement officers or judges can grant an EPO, which provides immediate but temporary protection. An EPO is usually effective for a short duration, often lasting a few days, giving the victim time to seek additional legal protection.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
Taking a medical malpractice lawsuit as an example, if a patient believes that their doctor has provided negligent medical care that has caused them harm, the patient may seek a preliminary injunction to prevent the doctor from continuing to provide care.
After a motion for a preliminary injunction has been filed, the court will often hold a hearing to determine whether to issue it. The preliminary injunction hearing can serve as a “mini-trial” on the merits of the plaintiff's case, albeit on an expedited basis with limited evidence.
At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that facts satisfy whichever statute they are seeking protection under. The petitioner gets to present his or her evidence to the court (testimony, declarations, sworn reports) and then the respondent gets to do the same.