A Washington Motion For Immediate Restraining Order (Ex Parte) is a court order that is issued without notice to the other party. It is a type of temporary restraining order (TO) that is typically sought when there is a need for immediate protection from harm. This order can be requested by either party in a civil or criminal case. There are two types of Washington Motion For Immediate Restraining Order (Ex Parte): temporary protective orders and anti-harassment orders. A temporary protective order (TPO) is a court order that is used to protect victims of domestic violence from further abuse. It prohibits the abuser from contacting the victim, coming within a certain distance of the victim, and other potentially dangerous behaviors. An anti-harassment order (AHO) is a court order that is used to protect someone from harassment or stalking. It prohibits the harasser from contacting the victim, coming within a certain distance of the victim, and other potentially dangerous behaviors. Both types of orders can be requested ex parte, meaning without the other party present.
Washington Motion For Immediate Restraining Order (Ex Parte)
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FAQ
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.
Unless the person who filed for the order terminates the order, contact is prohibited under all circumstances. Penalties for Protection Order Violations in Washington: Violation of a protection order is usually considered a gross misdemeanor, which RCW §9A.
You can also ask the court to prohibit weapons and to order your spouse or ex-spouse to surrender weapons to the police or sheriff. A court may grant an Immediate Restraining Order (Ex Parte) the same day as the request is made, even without notice to the other spouse, if necessary to provide safety.
A person charged with a No Contact Order violation in Washington State is exposed to a gross misdemeanor. A conviction can carry a maximum penalty of 364 days in jail, loss of gun rights, and a $5000 fine.
After the initial hearing, if you are looking to terminate the order, Washington law requires that you file a motion to set aside the restraining order. With the help of a lawyer, put a specific reason you feel the restraining order should be terminated in your motion.
If you already have a Violence Restraining Order and you want to lodge a further document on that matter, such as a Restraining Order Application to Vary or Cancel, this can be done in person at a Magistrates Court Registry or through eLodgment in the eCourts Portal.
You can't violate the order that is against the other person. If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. But if the order says they can't contact you and they do so anyway, then they are violating the order.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.