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.