Temporary Restraining Order Form Without Notice 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.
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.
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.
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
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 judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.
