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Domestic Relations Restraining Order

Domestic Relations Restraining Order - RCW 26.09, 26.10, 26.26

 

Who May Obtain?



Married persons filing for divorce, legal separation or declaration concerning validity, persons with a child in common who are filing to determine parentage, or persons seeking custody of a child.  To qualify, a person does not need to have experienced assault or threats of violence.

What Can an Order Do?

Refrain from disturbing the peace, harming, molesting, assaulting or stalking; refrain from going onto the grounds of or entering a specified location; knowingly coming within or remaining within a specified distance from a specified location; may also order child support, order maintenance income, assign property to either party, establish permanent child custody, establish a residential schedule or use of family home.

How is an Order Obtained?



Can be obtained in superior court as part of a family law action such as a divorce, legal separation, declaration concerning validity, paternity determination or third party custody.  An emergency restraining order can be filed at the time of a civil petition and signed by the judge effective until the preliminary hearing when a temporary order may be entered.  The court may enter a continuing restraining order with the decree.  Many persons hire attorneys to represent them.  The county prosecutor, when involved in paternity actions, may request a restraining order on behalf of the child.

What is the Cost?

Filing fee is $200.00 (plus possible local surcharge) but may be waived.  Additional costs can include copy, service and attorney fees.


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