Sample Motion For Temporary Restraining Order Philippines In Washington
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FAQ
A Violence Restraining Order only applies to people who are not in a domestic or family relationship. You must lodge an application form (available from any court registry or online by visiting .magistratescourt.wa.au) and ask to have the first hearing in the absence of the respondent.
If someone believes they need protection and qualifies for a restraining order, they can usually apply for one through their local court system. The process may involve filing a petition, attending a hearing, and presenting evidence to support the request for the order.
Legal Basis of a TRO This legal remedy is typically requested from the court when immediate action is needed to prevent serious harm or injustice. A TRO can only be issued by a court and must be supported by sufficient evidence showing that the applicant's rights are in imminent danger.
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.
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.
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.
File a Petition: The party seeking a TRO must file a verified petition in the court where the main case is or will be pending. Present Evidence: The petitioner must provide evidence that immediate and irreparable injury, loss, or damage will occur without the TRO.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
File a Petition: The party seeking a TRO must file a verified petition in the court where the main case is or will be pending. Present Evidence: The petitioner must provide evidence that immediate and irreparable injury, loss, or damage will occur without the TRO.
