Washington > Statewide > Domestic Relations > Parentage
Motion-Declaration For Ex Parte Restraining Order And Order To Show Cause PS 04.0150 - Washington
| Motion-Declaration For Ex Parte Restraining Order And Order To Show Cause Form. This is a Washington form and can be used in Parentage Domestic Relations Statewide . |
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SUPERIOR COURT OF WASHINGTON COUNTY OF In re Parentage: NO. Petitioner, and MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND Respondent ORDER TO SHOW CAUSE and (MTAF) Respondent. 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: [ ] _______________________________________ [Name] from molesting or disturbing the peace of the other party or of any child. [ ] _______________________________________ [Name] from entering the residence of _______________________________________ [Name]. The protected person _____________________________ [Name], waives confidentiality of the address which A is:__________________________________________________________ [A [ ] _______________________________________ [Name] 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 named children: _____________________________________________________________________. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 1 of 5 WPF PS 04.0150 (6/2004) - CR 56(b); RCW 26.26.590 <<<<<<<<<********>>>>>>>>>>>>> 2 [ ] _______________________________________ [Name] from knowingly coming within or knowingly remaining within _______________________ [Distance] of the home, work place or school of ____________________________ [Name] or the day care or school of these children: ___________________________________________________________. [ ] ______________________________________ [Name] from removing any of the children from the state of Washington. [ ] 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 ______________________________ [Name] shall be the person with whom the children 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 2.4 BELOW.) The court should require ______________________________ [Name] 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. [ ] ______________________________ [Name] should also be required to appear and show cause why the court should not enter a temporary order which: [ ] orders child support as determined pursuant to the Washington State Child Support Schedule. [ ] approves the parenting plan which is proposed by __________________ [Name]. [ ] requires ______________________________ [Name] to pay temporary attorney fees, other professional fees and costs in the amount of $_______________ to: [ ] appoints a guardian ad litem on behalf of the minor children. [ ] other: MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 2 of 5 WPF PS 04.0150 (6/2004) - CR 56(b); RCW 26.26.590 <<<<<<<<<********>>>>>>>>>>>>> 31.5 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 PS 04.0150 (6/2004) - CR 56(b); RCW 26.26.590 <<<<<<<<<********>>>>>>>>>>>>> 4 [ ] Does not apply. [ ] It is necessary that the court issue the other ex parte relief requested in paragraph 1.2 above for the reason set forth below: 2.4 CLEAR AND CONVINCING REASONS WHY WEAPONS SHOULD BE SURRENDERED. [ ] Does not apply. [ ] _______________________________ [Name] 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 reason 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 of Moving Party Print or Type Name DO NOT ATTACH FINANCIAL RECORDS TO THIS DECLARATION. FINANCIAL RECORDS SHOULD BE SERVED ON THE OTHER PARTY AND FILED WITH THE COURT SEPARATELY MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 4 of 5 WPF PS 04.0150 (6/2004) - CR 56(b); RCW 26.26.590 <<<<<<<<<********>>>>>>>>>>>>> 5USING 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. Print or Type Name MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 5 of 5 WPF PS 04.0150 (6/2004) - CR 56(b); RCW 26.26.590
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