Last August, we summarized key changes in the Protection Order here. This week, a lot of clients have been asking us about Ex Parte Immediate Restraining Orders. Here’s a quick rundown of everything you need to know.
Everything is under RCW 7.105
Restraining Orders are under the Revised Code of Washington Chapter 7.105 that deals with protection orders. RCW 7.105.305 talks about Ex Parte Temporary Protection Orders – other than for extreme risk protection orders. Immediate Restraining order closely relates to a temporary order. They both provide temporary relief to a rather longer case. Immediate restraining order can actually take effect immediately, with little or no notice to the other side, while a temporary order may require about two weeks in processing before the court grants a decision.
Important to know: each county has local court rules on motions. Call us now to help you with your motion in your county, we are happy to help.
What are other differences between a Motion for Temporary Orders and Immediate Restraining Orders?
|Temporary Order||Immediate Restraining Order|
|Does not ask for the immediate entry of a restraining order before the temporary orders hearing.
If you disagree with the motion, you must respond and go to the hearing.
|Asks for a hearing and for the immediate entry of a restraining order. A judge might issue an immediate restraining order without you knowing, or after very short notice – or in an emergency.|
What qualifies for an immediate restraining order?
Simply put, there should be an “emergency” presented. That emergency should show great risk or “irreparable harm”.
(1) Where it appears from the petition and any additional evidence that the respondent has engaged in conduct against the petitioner that serves as a basis for a protection order under this chapter, and the petitioner alleges that serious immediate harm or irreparable injury could result if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order, pending a full hearing