Sometimes it is necessary to stabalize a situation very quickly. Whether the
issue is domestic violence, custody, or even financial matters, restraining orders
are how the courts temporarily protect against serious harms. (DV no contact/protection
orders are just a subspecies of restraining orders, but can be more lethal because
violations can be as simple as speaking to a friend about the situation and that
friend inadvertantly contacting the other party.)
Under Washington divorce law, whenever you obtain an "Ex Parte" (which is latin that essentially means approaching
the court without the presence of the other party) restraining
order you must allege that there is some possible serious harm that may occur if
the other side is not prohibited from doing something right away. That something
could be taking the children out of state, disposing of bank account assets, or
harassing you at work. In King county the third floor room W-325 is where
you apply for restraining orders in domestic matters. In Snohomish county
it is on the first floor. You essentially get the opportunity to wait in line
and then explain to a Judge or Court Commissioner why the other side should not
get notice prior to having the order issued and why there is a risk of irreparable
harm (like the person taking money and leaving with the child to another state).
Under the divorce law in washington state, these are good for 14 days until a hearing when both parties can speak
their piece about the rightness and wrongness of the other's claims.
You then must
serve the other party
with the Order and show up fourteen days later for a more extended Court hearing.
I regularly deal with restraining orders in my practice. Having dealt with
hundreds of these orders, and spoken with my colleagues about their cases as well, I have a good idea which ones will win and which ones won't. Preparation also plays a significant
role in the equation.