Washington WPF DR 04.0150 - Motion - Declaration for Ex Parte Restraining Order and for Order to Show Cause - MTAF
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FAQ
An Ex Parte Order of Protection is a temporary order granted when a judge believes there is immediate or present danger of abuse to you.An Ex Parte Order of Protection lasts until the hearing for the Full Order of Protection.
The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child. WHAT IS THE COST? Filing fee is $110.00 (plus possible local surcharge) but may be waived. Additional costs can include copy, service and attorneys fees.
Order the Respondent not to threaten or hurt you. order the Respondent not to enter your residence. give one parent temporary custody of children. set a schedule for visitation with minor children. order the Respondent to leave a shared residence.
We learned that restraining orders are filed to keep someone from doing something. These are common in divorce cases. We also learned that protective orders are filed to keep someone safe from a dangerous person.
After the ex parte decree is set aside, the suit is again restored to file and parties are demoted to the position they held before the non-presence of the opposite party, and the court will take action with the suit de novo and determine on merits.
In legal ethics, ex parte refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party's lawyer also being present.
An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.
An ex parte order of protection is a temporary measure that can be filed quickly. A full protection order, or restraining order, is granted after a court hearing and lasts for a longer period of time than the ex parte order.