Temporary Restraining Order Form For Child Custody In Washington
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FAQ
A temporary order means a hearing is held first, with notice to the other party, and the order can stay in effect until your dissolution case is finalized (at which time the restraining order can be extended). Note: Additional documents may be required by local county superior court rules.
Some Washington counties automatically issue very basic temporary restraining orders whenever a party files for divorce or some other type of family law proceeding. Typically these automatic temporary orders prevent parties from tampering with assets, altering insurance coverage, and changing the children's residence.
An emergency order is a type of temporary order. To get one, you must provide evidence that your child faces immediate danger or risk of abduction. Within hours or days of submitting a well-founded request for an emergency order, you'll have a hearing without the other parent (called an ex parte hearing).
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
A temporary order will stay in place until modified or until a final order is entered, usually after a trial. A temporary order will not expire but sometimes an action can be dismissed by the clerk's office for non-action.
In the State of Washington, restraining orders typically stay on your public record for 3 to 5 years, or the exact date when the order is set to expire. However, if the court issues an order to take the record off, then it may be removed sooner.
A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
If a parent withholds a child from the other parent for an extended period without good cause, the Court may preclude or limit residential time with the offending parent.
Generally, temporary child custody is designed to last until a court can make a more informed decision about the child's long-term living arrangements based on the child's best interests.
