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Ex Parte Restraining Order-Order To Show Cause DR 04.0170 - Washington

Ex Parte Restraining Order-Order To Show Cause Form. This is a Washington form and can be used in Divorce Domestic Relations Statewide .
 Fillable pdf Last Modified 8/13/2008
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SUPERIOR COURT OF WASHINGTON COUNTY OF In re the Marriage of: NO. Petitioner, EX PARTE RESTRAINING and ORDER/ORDER TO SHOW CAUSE (TPROTSC) Respondent. [ ] Clerks Action Required Restraining Order Summary: [ ] Does not apply. [ ] Restraining Order Summary is set forth below: Name of person(s) restrained: Nam. e of person(s) protected: See paragraph 4.1. VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 4.1 BELOW WITH ACTUAL KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE VIOLATOR TO ARREST. RCW 26.09.060. I. SHOW CAUSE ORDER. IT IS ORDERED that the [ ] husband [ ] wife appear and show cause, if any, why the restraints below should not be continued in full force and effect pending final determination of this action and why the other relief, if any, requested in the motion should not be granted. A hearing has been set for the following date, time and place: Date: __________________________________ Time: ______________a.m./p.m. Place: __________________________________ Room/Department: _______________ If you disagree with any part of the motion, you must respond to the motion in writing before the hearing and by the deadline for your county. At the hearing, the court will consider WRITTEN sworn affidavits or declarations. Oral testimony may NOT be allowed. To respond you must: (1) file your documents with the court; (2) provide a copy of those documents to the judge or commissioners staff; (3) serve the other partys attorney with copies of your documents (or have the other party served if that party does not have an attorney); and (4) complete your filing and service of EX PARTE RESTRAINING ORD (TPROTSC) - Page 1 of 3 WPF DR 04.0170 (6/2004) - CR 65 (b); RCW 26.09.060 <<<<<<<<<********>>>>>>>>>>>>> 2documents within the time period required by the local court rules in effect in your county. If you need more information, you are advised to consult an attorney or a courthouse facilitator. FAILURE TO APPEAR MAY RESULT IN A TEMPORARY ORDER BEING ENTERED BY THE COURT THAT GRANTS THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE. II. BASIS A motion for a temporary restraining order without written or oral notice to the [ ] husband [ ] wife or that partys lawyer has been made to this court. III. FINDINGS The court adopts paragraphs 2.1, 2.2, and 2.4 of the Motion/Declaration for an Ex Parte Restraining Order and for an Order to Show Cause (Form WPF DR 04.0150) as its findings, except as follows: IV. ORDER It is ORDERED that: 4.1 RESTRAINING ORDER. VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 4.1 WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE VIOLATOR TO ARREST. RCW 26.09.060. [ ] Does not apply . [ ] The [ ] husband [ ] wife is restrained and enjoined from molesting or disturbing the peace of the other party or of any child. [ ] The [ ] husband [ ] wife is restrained and enjoined from going onto the grounds of or entering the home, work place or school of the other party or the day care or school of the following namd children: ___________________________________________. e [ ] The [ ] husband [ ] wife is restrained and enjoined from knowingly coming within or knowingly remaining within __________________________ (distance) of the home, work place or school of the other party or the day care or school of these children: ____________________________________________________________________. [ ] CLERKS ACTION. The clerk of the court shall forward a copy of this order, on or before the next judicial day, toname of the appropriate law enforcement agency ______________________________________ [name computer-based criminal intelligence system available in this state used by law enforcement agencies to list outstanding warrants. (A law enforcement information sheet must be completed by the party or the partys attorney and provided with this order before this order will be entered into the law enforcement computer system.) 4.2 OTHER RESTRAINING ORDERS. [ ] The [ ] husband [ ] wife is restrained and enjoined from transferring, removing, EX PARTE RESTRAINING ORD (TPROTSC) - Page 2 of 3 WPF DR 04.0170 (6/2004) - CR 65 (b); RCW 26.09.060 <<<<<<<<<********>>>>>>>>>>>>> 3 encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life and requiring each party to notify the other of any extraordinary expenditures made after the order is issued. [ ] The [ ] husband [ ] wife is restrained and enjoined from removing any of the children from the state of Washington. [ ] The [ ] husband [ ] wife is restrained and enjoined from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, health, life or auto insurance. [ ] The [ ] husband [ ] wife shall be the parent with whom the child(ren) reside until the hearing. [ ] Other: 4.3 SURRENDER OF DEADLY WEAPONS. [ ] Does not apply. [ ] It is ordered that __________________________ [Name] surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to: Nam [ ] the ___________________________ [Nam [ ] ______________________________ [Name]. The court finds that irreparable injury could result if an order is not issued until the time for response has elapsed. (See RCW 26.09.060(2)(b).) 4.4 EXPIRATION DATE. This order shall expire on the hearing date set forth above or 14 days from the date of issuance, whichever is sooner, unless otherwise extended by the court. 4.5 WAIVER OF BOND. [ ] Does not apply. [ ] The filing of a bond or the posting of security is waived. 4.6 Other: Dated: ___________________ at ______ a.m./p.m. JUDGE/COMMISSIONER Presented by: Signature Print or Type Name EX PARTE RESTRAINING ORD (TPROTSC) - Page 3 of 3 WPF DR 04.0170 (6/2004) - CR 65 (b); RCW 26.09.060
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