When to get an Immediate Restraining Order?

In Washington state,  an Immediate “Restraining Order” is a special kind of Restraining Order which means that not only is the courts help needed to prevent abuse from a family member, but also that it’s needed immediately to prevent imminent danger.

Common confusion with Protection Orders

Restraining orders are commonly mixed up with “Protection Orders” that are of different types and come directly from the court.

Before we dwell deeper into answering the question, it is essential that you look at the different types of Protection orders that are applicable in Washington State. Knowing details about each will help you if you are ever in a position to seek one or have to defend against one brought to you by another party.

To know the circumstances for immediate restraining order, you first need to understand what a restraining order is and what consequences it poses on the other party.

Restraining Order

This order is filed if there is an existing law case in the family. The cases that come under its domain range from pending dissolution to a child custody case. A restraining order has a vast coverage than the Domestic Violence Protection as it caters to scenarios like property issues, spousal support, child support, domestic violence, and temporary custody issues.

Here are some details that you need to know about getting a restraining order.

  • Who Can Get a Restraining Order? The person filling this petition needs to be married to the respondent or has a child in common.
  • Consequences of Violation. Any violation of the restraining order results in an arrest, misdemeanor, contempt, and criminal charges.
  • Order Duration. A final decree restraining order is permanent unless modified. Whereas the temporary restraining order lasts for 14 days.

Now that the idea behind a restraining order and what sets it apart is clear, we can easily understand the circumstances under which an immediate restraining order will be required — under the Washington State law.

Getting an Immediate Restraining Order

If you find your safety at risk – can be due to a safety threat you received from the other party – filing an immediate restraining order is the most suitable course to take.

Once you contact the court, you will be granted an Immediate Restraining Order (Ex Parte) on the very same day. This will ensure your safety as you can also ask the court to order your spouse to surrender their weapons to the police.

After the hearing, the court may grant a restraining order or a Temporary Family Law Order which can be extended even after the divorce has taken place.

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