Friday, September 5, 2014

Restraining Orders

A Restraining Order may be entered on an emergency basis (14 days), temporary basis (until the final hearing or trial), or permanent basis. Restraining Orders are an available remedy if you have filed a family law action such as a divorce, paternity, legal separation, nonparental custody, or parenting plan case. Unlike a Domestic Violence Protection Order, the court is not required to make a finding of domestic violence in order to order a Restraining Order. However, the party requesting the Restraining Order must be able to show that the order is necessary.

Similar to a Domestic Violence Protection Order, a restraining order is enforced by reporting a violation of the order to the police. A restraining order may order the other party to stay away from you or the children, order the respondent not to take the children outside of the court's jurisdiction, or even surrender deadly weapons to the local police department.

If you feel you are in immediate danger due to domestic violence, you should call the police. As soon as possible, it is best to also contact the Domestic Violence Hotline (1-800-562-6025) to obtain information on additional services. If you feel you need a Restraining Order, consult with an experienced family law attorney.

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Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

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  1. Thanks for the information on this. My cousin was encouraged to get a restraining order from her ex husband after the divorce. She's not from America, but became a citizen a few years ago. I'm trying to help her out as she's not too familiar with everything we do here. This page should help her out to explain what a restraining order is.

  2. I had no idea that there were different types of restraining orders. My sister is looking into filing for one but I'm not sure if she knows how long the basis is going to be. I'll have to call her and see if she knows that there is even a difference! Hopefully she's able to file one soon.