Vancouver Washington WPF CU 03.0150 - Motion - Declaration for Ex Parte Restraining Order and for Order to Show Cause - Nonparental Custody - MTAF

State:
Washington
City:
Vancouver
Control #:
WA-0862-08
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This is an official Washington court form for use in a child custody case, a Motion/Declaration for Ex Parte Restraining Order and for Order toShow Cause. Available in Word and Rich Text format.

Vancouver Washington WPF CU 03.0150 Motionio— - Declaration for Ex Parte Restraining Order and for Order to Show Cause — NonparentaCustomod— - MTAF is a legal document that can be filed in the Vancouver, Washington courts in cases of nonparental custody. This motion is used in situations where a nonparent seeks to obtain custody of a child or children and requires an ex parte restraining order and order to show cause. In order to provide a detailed description, let's break down the relevant keywords and discuss them individually: 1. Vancouver, Washington: This refers to the city and state where the legal document is applicable, namely Vancouver, Washington. It is important to specify the jurisdiction as laws may vary depending on the location. 2. WPF CU 03.0150: WPF stands for Washington Pattern Forms, which are standardized forms developed by the Washington State Courts. CU 03.0150 is the specific form number for the Motion — Declaration for Ex Parte Restraining Order and for Order to Show Cause — NonparentaCustomod— - MTAF. 3. Motion: A motion is a formal written request made to a court, asking for a specific ruling or order to be issued. In this case, the motion is being made by the nonparent seeking custody. 4. Declaration: A declaration is a written statement made under oath or penalty of perjury. This document allows the nonparent to provide a detailed account of the reasons and evidence supporting their request for custody. 5. Ex Parte: Ex parte refers to a legal proceeding or order granted for one party without requiring notice or presence of the opposing party. In this case, the nonparent is seeking an ex parte restraining order, which means they are requesting immediate protection for the child without the other party being present. 6. Restraining Order: A restraining order is a legal order issued by the court to protect an individual from harm or harassment. In this context, the nonparent is seeking a restraining order to protect the child from potential harm or unfavorable conditions. 7. Order to Show Cause: An order to show cause is a legal directive requiring the party against whom it is issued to appear in court and provide reasons why a certain action should not be taken. It requires the opposing party to explain why the nonparent should not be granted custody. 8. Nonparental Custody: Nonparental custody refers to situations where someone who is not a biological or adoptive parent seeks custody of a child. This could include grandparents, aunts, uncles, or other relatives. 9. MTA: MTA stands for Mandatory Temporary Authorization for Family Law. It is a statutory requirement in Washington state that a temporary authorization form be completed and attached to certain family law documents, including this motion. It is important to note that there may not be different types of this specific motion form. However, there could be variations in the facts and circumstances of each case where this motion is filed, resulting in different outcomes and orders issued by the court.

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FAQ

At the hearing, you must prove that the abuser has committed an act(s) of domestic violence (as defined by the law). You must also convince a judge that you need the protection and the specific things you asked for in the petition.

The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on. An application to revoke or vary a restraining order may be decided without a hearing.

A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain.

The court will consider all relevant evidence regarding the victim's safety and protection. There's no clear-cut evidence that has to be provided in order to have a restraining order granted.

In order to remove a restraining order, also known as a protection order, in Washington state a person should ask the court to modify the terms of the order or terminate it. They can receive help from a protection order advocate, who is with the office of the county in which they filed the case.

If a No Contact Order has been put in place anywhere in the state of Washington, the first thing we do is call the court and find the soonest date we can request relief in front of a judge. You will need to be present at that court hearing. Before the court date, we file a motion to modify or rescind (lift) the order.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

In domestic violence cases, you can apply for a TRO directly with the court clerk (usually at the Family Court). You'll need to fill out some forms. Most state courts have self-help centers that will provide information and assistance with the process.

Step 1: Go to circuit court and request a petition. Go to the circuit court where you live, where the abuser lives, or where the abuse occurred.Step 2: Fill out the petition. Carefully fill out the petition.Step 3: A judge will review your petition.Step 4: Service of process.Step 5: The hearing.

If a No Contact Order has been put in place anywhere in the state of Washington, the first thing we do is call the court and find the soonest date we can request relief in front of a judge. You will need to be present at that court hearing. Before the court date, we file a motion to modify or rescind (lift) the order.

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Vancouver Washington WPF CU 03.0150 - Motion - Declaration for Ex Parte Restraining Order and for Order to Show Cause - Nonparental Custody - MTAF