Temporary Restraining Order Form With Envelope Attached In Washington
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FAQ
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.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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.
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.
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.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
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.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
