Washington > Statewide > Domestic Relations > Divorce

Motion-Declaration For Ex Parte Restraining Order And For Order To Show Cause DR 04.0150 - Washington

Motion-Declaration For Ex Parte Restraining Order And For Order To Show Cause Form. This is a Washington form and can be used in Divorce Domestic Relations Statewide .
 Fillable pdf Last Modified 9/1/2010
Get this form for FREE as a print-only pdf

SUPERIOR COURT OF WASHINGTON COUNTY OF In re the Marriage of: NO. Petitioner, and MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE Respondent. (MTAF) I. MOTION Based upon the declaration below, the undersigned mes the court for a temov porary order and order to show cause. 1.1 EX PARTE RESTRAINING ORDER. A temporary restraining order should be granted without written or oral notice to the other party or the other partys lawyer because immediate and irreparable injury, loss, or damage will result before other party or the other partys lawy can be heard in opposition. This order should er restrain or enjoin: [ ] the [ ] husband [ ] wife from transferring, removing, 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 from molesting or disturbing the peace of the other party or of any child. [ ] ____________________________ [Name] from going onto the grounds of or entering the [ ] parties shared residence [ ] residence of __________________________ [Name]. ________________________ [Name] waives confidentiality of the address which is ____________________________________________________________[Address]. [ ] the [ ] husband [ ] wife 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 these children: ______________ ______________________________________________________________________. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 1 of 5 WPF DR 04.0150 (6/2004) - CR 65 (b); RCW 26.09.060. <<<<<<<<<********>>>>>>>>>>>>> 2 [ ] the [ ] husband [ ] wife 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:______________________________________. [ ] the [ ] husband [ ] wife from removing any of the children from the state of Washington. [ ] the [ ] husband [ ] wife 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. [ ] other: The other party should be required to appear and show cause why these restraints should not be continued in full force and effect pending final determination of this action. 1.2 OTHER EX PARTE RELIEF. [ ] Order that the [ ] husband [ ] wife shall be the parent with whom the child(ren) reside until the hearing. [ ] Other: 1.3 SURRENDER OF DEADLY WEAPONS. [ ] Does not apply. [ ] (IF THIS BOX IS CHECKED, CLEAR AND CONVINCING REASONS FOR THIS REQUEST MUST BE PRESENTED IN PARAGRAPH 2.3 BELOW.) The court should require the [ ] husband [ ] wife to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of this proceeding, to his or her lawyer or to a person designated by the court. 1.4 OTHER TEMPORARY RELIEF. [ ] Does not apply. [ ] The [ ] husband [ ] wife should also be required to appear and show cause why the court should not enter a temporary order which: [ ] orders temporary maintenance. [ ] orders child support as determined pursuant to the Washington State Child Support Schedule. [ ] approves the parenting plan which is proposed by the [ ] husband [ ] wife. [ ] makes each party immediately responsible for their own future debts whether incurred by credit card or loan, security interest or mortgage. [ ] divides responsibility for the debts of the parties. [ ] authorizes the family home to be occupied by the [ ] husband [ ] wife. [ ] orders the use of property. [ ] requires the [ ] husband [ ] wife to vacate the family home. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 2 of 5 WPF DR 04.0150 (6/2004) - CR 65 (b); RCW 26.09.060. <<<<<<<<<********>>>>>>>>>>>>> 3 [ ] requires the [ ] husband [ ] wife to pay temporary attorneys fees, other professional fees and costs in the amount of $_______________ to: [ ] appoints a guardian ad litem on behalf of the minor children. [ ] other: 1.5 OTHER. Dated: Signature of Moving Party or Lawyer/WSBA No. Print or Type Name II. DECLARATION 2.1 INJURY TO BE PREVENTED. The ex parte restraining order requested in paragraph 1.1 above is to prevent the following injury [define the injury]: 2.2 REASONS WHY THE INJURY MAY BE IRREPARABLE. This injury may be irreparable because: 2.3 REASONS FOR OTHER EX PARTE RELIEF. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 3 of 5 WPF DR 04.0150 (6/2004) - CR 65 (b); RCW 26.09.060. <<<<<<<<<********>>>>>>>>>>>>> 4 [ ] Does not apply. [ ] It is necessary that the court issue the other ex parte relief in paragraph 1.2 above for the reasons set forth below: 2.4 CLEAR AND CONVINCING REASONS WHY WEAPONS SHOULD BE SURRENDERED. [ ] Does not apply. [ ] The [ ] husband [ ] wife should be required to surrender any deadly weapons as requested in paragraph 1.3 above because of following clear and convincing reasons: 2.5 REASONS FOR A TEMPORARY ORDER. [ ] Does not apply. [ ] It is necessary that the court issue a temporary order with the relief requested in paragraph 1.4 above for the reasons set forth below: I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at ______________________, [City] __________ [State] on ______________________ [Date]. Signature Print or Type Name MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 4 of 5 WPF DR 04.0150 (6/2004) - CR 65 (b); RCW 26.09.060. <<<<<<<<<********>>>>>>>>>>>>> 5DO NOT ATTACH FINANCIAL RECORDS TO THIS DECLARATION. FINANCIAL RECORDS SHOULD BE SERVED ON THE OTHER PARTY AND FILED WITH THE COURT SEPARATELY USING THE SEALED FINANCIAL SOURCE DOCUMENTS COVER SHEET (WPF DRPSCU 09.0220). IF FILED SEPARATELY USING THE COVER SHEET, THE RECORDS WILL BE SEALED TO PROTECT YOUR PRIVACY (ALTHOUGH THEY WILL BE AVAILABLE TO THE OTHER PARTIES IN THE CASE, THEIR ATTORNEYS, AND CERTAIN OTHER INTERESTED PERSONS. SEE GR 22 (C)(2)). III. EFFORTS TO GIVE OTHER PARTY NOTICE. The following efforts have been made to give the other party or other partys lawyer notice and the following reasons exist why notice should not be required: Dated: Signature of Moving Party or Lawyer/WSBA No. Pr
Link/Embed this Document
URL
Embed


Popular Searches

  1. Case Management Statement
  2. Civil Case Cover Sheet
  3. quit claim deed
  4. default
  5. lien
  6. cover sheet
  7. Writ of Garnishment
  8. continuance
  9. name change
  10. modification of child support

Bookmark and Share