Motion For Immediate Restraining Order Ex Parte {221}

RCW 26.09.060, CR 65(b) Manda tory Form (06/2018 ) FL Divorce 221 Motion for Immediate Restraining Order (Ex Parte) p. 1 of 9 Superior Court of Washington, County of In re the marriage / domestic partnership of: Petitioner (person who started this case) : And Respondent (other spouse / partner) : No. Motion for Immediate Restraining Order (Ex Parte) (MTSC) Motion for Immediate Restraining Order (Ex Parte) Use this form in marriage/domestic partnership cases only. For parentage cases, use form FL Parentage 321. For non-parent custody cases, use form FL Non-Parent 421. To both parties: Deadline! Your papers State Court Rules if there is no local rule. Court Rules and forms are online at www.courts.wa.gov . If you want the court to c onsider your side, you must : File your original documents with the Superior Court Clerk; AND Have a copy of your papers served on all other parties or t heir lawyers; AND Go to the hearing. Bring proposed orders to the hearing. To the person filing this motion: You must ask the court to sign the Immediate Restraining Order (Ex Parte) and Hearing Notice (FL Divorce 222). the procedure in your county. You must have this Motion and th e Immediate Restraining Order personally served (by someone else) on the other party. To the person receiving this motion: If you do not agree with the requests in this motion, file a statement (using form FL All Family 135, Declaration ) explaining why the court should not approve those requests. You may file other written proof supporting your side, and propose your own Parenting Plan or Child Support Worksheets . If the court grants an Immediate Restraining Order without notice to you, you can fil e a motion to change or terminate it before the hearing date. (Civil Rule 65(b).) There is no pattern form for that motion. American LegalNet, Inc. www.FormsWorkFlow.com RCW 26.09.060, CR 65(b) Manda tory Form (06/2018 ) FL Divorce 221 Motion for Immediate Restraining Order (Ex Parte) p. 2 of 9 1. I am the (check one): Petitioner. Respondent. I am asking for an Immediate Restraining Order against my spouse/domestic partner. I want my children under 18 to be protected by the order: Age Age 1. 4. 2. 5. 3. 6. 2. I ask the court to approve an Immediate Restraining Order to protect me and/or my children. Without this Order, my children or I could be hurt or suffer damage or loss immediately. This harm could be irreparable. (Explain how you or your children could be harmed beyond repair): (If you need additional space use the Declaration form FL All Family 135.) 3. Notice (check one): I should not have to notify the other side in advance that I am filing this Motion because my children or I could be harmed beyond repair if I gave any advance notice. (Explain why the harm could happen before a hearing could be held with notice to the other side.) I have notified the other side that I am asking for an Immediate Restraining Order. (Describe anything done to give your spouse/domestic partner or his or her lawyer notice of this Motion): American LegalNet, Inc. www.FormsWorkFlow.com RCW 26.09.060, CR 65(b) Manda tory Form (06/2018 ) FL Divorce 221 Motion for Immediate Restraining Order (Ex Parte) p. 3 of 9 4. Court hearing request I ask the court to approve an Immediate Restraining Order now, and hold a hearing within 14 days to consider all of my requests for temporary orders listed below. I will have my spouse/domestic partner served with notice of the hearing so the court can hear his/her side. Other: 5. Active duty military (The federal Servicemembers Civil Relief Act covers: Army, Navy, Air Force, Marine Corps, and Coast Guard members on active duty; National Guard or Reserve members under a call to active service for more than 30 days in a row; and commissioned corps of the Public Health Service and NOAA. The state lief Act covers those service members listed above who are either stationed in or residents of Washington state, and their dependents, except for the commissioned corps of the Public Health Service and NOAA.) My spouse/domestic partner is not covered by the state or federal Service Members Civil Relief Acts. My spouse/domestic partner is covered by the state federal Service Members Civil Relief Act. For persons covered only by the state act Military duty may keep the service member or dependent from responding or coming to the hearing on this motion. I ask the court to approve temporary orders even if the covered person asks for a t would be very unfair (a manifest injustice) not to make temporary orders now because: I ask the Court to approve these orders immediately (check all that apply): 6. Do not disturb No request. Order my spouse/domestic partner not to disturb my peace or the peace of any child listed in 1. 7. Stay away No request. Order my spouse/domestic partner not to go onto the grounds of or enter my home, workplace, or school, and the daycare or school of any child listed in 1. Also, not knowingly to go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in 1. My spouse/domestic partner and I (check one): live together. do not live together. 8. Do not hurt or threaten No request. American LegalNet, Inc. www.FormsWorkFlow.com RCW 26.09.060, CR 65(b) Manda tory Form (06/2018 ) FL Divorce 221 Motion for Immediate Restraining Order (Ex Parte) p. 4 of 9 Order my spouse/domestic partner not to: Assault, harass, stalk or molest me or any child listed in 1; or Use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury. Warning! If the court extends this order after a full hearing, the court must consider if weapons restrictions are required by state l aw; f ederal law may also prohibit the Restrained Person from possessing firearms or ammunition. 9. Surrender weapons No request. Order my spouse/domestic partner to surrender any firearms and other dangerous weapons that he/she possesses to (check one): the police chief or sheriff. h is/her lawyer. other person (name): . 10. Protect children No request. Order my spouse/domestic partner not to take the children listed in 1 out of Washington State. Order that the children listed in 1 will live with (check one): me my spouse/ domestic partner until the hearing. Other (specify): 11. Protect property No request. Order (check one): my spouse/domestic partner both parties not to move, take, hide, damage, borrow against, sell or try to sell, or get rid of any property, unless it is a usual business practice or to pay for basic necessities. (If the court makes this order, both spouses/domestic partners must notify each other about any expenses that are out of the ordinary.) 12. Do not change insurance No request. Order (check one): my spouse/domestic partner both parties not to make changes to any medical, health, life, or auto insurance policy that covers either spouse/domestic partner or any child listed in 1. That means s/he must not transfer, cancel, borrow against, let expire, or change the beneficiary of any policy. 13. Other immediate orders No request. (Specify): American LegalNet, Inc. www.FormsWorkFlow.com RCW 26.09.060, CR 65(b) Manda tory Form (06/2018 ) FL Divorce 221 Motion for Immediate Restraining Order (Ex Parte) p. 5 of 9 I ask the court to approve these temporary orders at the hearing (check all that apply): 14. Extend immediate orders Extend the immediate orders I asked for above to stay in effect until the case is done. 15. Prohibit weapons and order surrender No request. Order my spouse/domestic partner: Not to possess or obtain any firearms, other dangerous weapons, or concealed pistol license until the Order ends, and to Surrender any firearms, other dangerous weapons, or concealed pistol license that he/she possesses or controls to (check one): the police chief or county sheriff. his/her lawyer. other person (name): . 16. Care of children No request. Approve the parenting plan proposed by me my spouse/domestic partner. Order my spouse/domestic partner not to take the children listed in 1 out of Washington State. (check one): Guardian ad Litem (GAL) or Evaluator/Investigator as chosen by the