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• Sands McKinley

Seattle Washington Restraining Orders and Child Custody

Depending on the circumstances of the case, restraining orders that prohibit certain conduct may or may not be obtained in a divorce action. Particularly in cases involving domestic violence or contested child custody, such orders may be essential.

For Washington State family law mandatory forms and more instructions, please see Seattle child custody and restraining orders.

restraining orders regarding child custody may prohibit one or more of the following: contact between the parties, contact between one of the parties and a child, dissipation of assets, harassment, modifying insurance policies, or other conduct. However, the court has discretion to craft restraining orders to fit the needs and circumstances of a particular case, and will do so to suit the best interests of the parties and children. In cases involving child custody, restraining orders may specifically provide for supervised visitation between a restrained party and the children.

A party may seek restraining orders regarding child custody with or without giving notice to the other party. When no notice to the other party is given—an “Ex Parte” action—the order can be entered on an emergency basis. The court will enter an order without the restrained person being present if there is sufficient evidence showing the need to protect a person from harm or to protect assets from being sold. However, the other party must be given actual notice of the restraints before they become effective. Normally, a return hearing is set for a certain number of days after the Ex Parte order is entered so that the restrained party can answer or contest the allegations made by the other party. In cases filed in Superior Court in Seattle, restraining order and child custody hearings are held at the downtown King County Courthouse.

The criteria that the court uses to determine whether an order regarding child custody should be entered are fact specific. A competent McKinley Irvin Seattle child custody lawyer can advise you on the merits of your case and whether Ex Parte restraining orders would be appropriate.

In most cases, agreed, mutual restraining orders which provide for standard restraints intended to protect the rights of both parties and to maintain the status quo are preferable.