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Ex Parte Restraining Order-Order To Show Cause Form. This is a Washington form and can be use in Domestic Relations Statewide.
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Tags: Ex Parte Restraining Order-Order To Show Cause, PS 04.0170, Washington Statewide, Domestic Relations
Superior Court of Washington
County of
In re Parentage:
No.
Petitioner,
and
Respondent
and
Ex Parte Restraining
Order/Order To Show Cause
(Parentage)
(TPROTSC/ORTSC)
[ ] Clerk’s Action Required
[ ] Law Enforcement Notification, ¶ 4.1
Respondent.
Restraining Order Summary:
[ ] Does not apply.
[ ] Restraining Order Summary is set forth below:
Name of person(s) restrained: ____________________________________________. Name 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 26.26.590.
I. Show Cause Order
It is ordered that (name) ______________________________________ 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 commissioner’s staff;
(3) serve the other party’s attorney with copies of your documents (or have the other party served if
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WPF PS 04.0170 Mandatory (6/2008) - CR 65(b); RCW 26.26.590
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that party does not have an attorney); and (4) complete your filing and service of documents 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 which
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
(name) _____________________________________ or that party’s 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 PS 04.0150) as its findings, except as follows:
[]
Further, the court finds that the nonrequesting party is absent and a) is on active duty as a National
Guard member or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the service member’s or
dependent’s absence, failure to enter the temporary orders below would result in manifest injustice to
the other interested parties.
IV. Order
It is Ordered:
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 26.26.590.
[]
Does not apply.
[]
(Name) _________________________________ is restrained and enjoined from
disturbing the peace of (name of protected person) __________________ or of any child.
(Name) __________________________________ is restrained and enjoined from going
onto the grounds of or entering the home, work place or school of the protected person or
the day care or school of the following named children: _________________________
_____________________________________________________________________
(Name) _______________________________ is restrained and enjoined from knowingly
coming within or knowingly remaining within, (distance) ____________________ of the
home, work place, or school of the protected person or the day care or school of these
children:
_____________________________________________________________________.
[]
[]
[]
(Name) ______________________________ is restrained and enjoined from molesting,
assaulting, harassing, or stalking (name) ___________________________________. (If
the court orders this relief after the hearing, the restrained person will be prohibited from
possessing a firearm or ammunition under federal law for the duration of the order. An
exception exists for law enforcement officers and military personnel when carrying
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WPF PS 04.0170 Mandatory (6/2008) - CR 65(b); RCW 26.26.590
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department/government-issued firearms. 18 U.S.C. § 925(a)(1).)
[]
Clerk’s Action. The clerk of the court shall forward a copy of this order, on or before
the next judicial day, to (name of the appropriate law enforcement agency )
_____________________________________________ which shall enter this order into
any 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 party’s attorney and provided with this
order before this order will be entered into the law enforcement computer system.)
Service
The requesting party must arrange for service of this order on the restrained party. File the original
Return of Service with the clerk and provide a copy to the law enforcement agency listed above.
Full Faith and Credit
Pursuant to 18 U.S.C. § 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico,
any United States territory, and any tribal land within the United States shall accord full faith and
credit to the order.
4.2
Other Restraining Order
[]
[]
[]
[]
4.3
(Name) _____________________________________ is restrained and enjoined from
removing any of the children from the state of Washington.
(Name) _____________________________________ is restrained and enjoined from
entering or returning to the residence of (name) ___________________________. The
protected person (name) ___________________________ waives confidentiality of the
address which is: _____________________________________________________.
The children shall reside with (name) __________________________ until the hearing.
Other:
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:
[]
[]
the (name of county) ______________________________ County Sheriff.
(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,
which ever is sooner, unless otherwise extended by the court.
4.5
Waiver of Bond
Ex Parte Restraining Order (TPROTSC/ORTSC) - Page 3 of 4
WPF PS 04.0170 Mandatory (6/2008) - CR 65(b); RCW 26.26.590
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[]
[]
4.6
Does not apply.
The filing of a bond or the posting of security is waived.
Other
Dated: _______________________ at __________ a.m./p.m.
Judge/Commissioner
Presented by:
Signature of Requesting Party or Lawyer/WSBA No.
Print or Type Name
Date
Ex Parte Restraining Order (TPROTSC/ORTSC) - Page 4 of 4
WPF PS 04.0170 Mandatory (6/2008) - CR 65(b); RCW 26.26.590
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