District Court

Restraining Order

A petition for a Restraining Order must be filed in Superior Court, not District Court.

If you are a married person or a person with a child in common with another person and are filing for divorce, legal separation, custody, or a paternity action, you may petition for a Restraining Order. To qualify a person does not need to have experienced assault or threats of violence.

See Restraining Order-Civil Order RCW 26.09

If you have a court order, it is important to remember:

  1. Keep a certified copy of your order with you at all times.
  2. The order is enforceable throughout the State of Washington.
  3. If there is a violation of your court order, call 9-1-1 or your local police. Tell them you have a court order and it is being violated.

Whether or not you have a court order, if you are being harassed, threatened, or assaulted, call 9-1-1, or your local police!!

What do you need to know about Restraining Order

What can a Restraining Order do?

A Restraining Order can:

  • Can do all that an Order for Protection does.
  • May also order child support or
  • Order maintenance income or
  • Assign property to either party or
  • Establish permanent child custody or
  • Establish use of family home.
How is a Restraining Order obtained?

A Restraining Order may be obtained in Superior Court as part of a family law action such as a divorce, legal separation, custody action, or paternity determination.  A request for a temporary restraining order may be filed at the time a civil petition is filed.  If the temporary order is granted by the judge, it will be effective until the hearing regarding the temporary order.  The county prosecutor or attorney general, when involved in paternity actions, may request a restraining order on behalf of the child.

What is the cost?

Contact the Superior Court to determine the current filing fee.  Additional costs may also include copy, service, and attorney's fees.

What happens if the Restraining Order is knowingly violated?

If the restraining order is violated, the violator may be arrested. Possible criminal or contempt charges may result.

Posted: 02/03/2015 11:27 AM
Last Updated: 03/31/2015 09:11 AM

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