Orders (Restraining, Temporary, etc)
There are many types of orders involved in a divorce, but not all are used every time. The most common orders include:
- Restraining Order: is a temporary court order issues to prohibit an individual from carrying out a particular action. For example:
- Restraining orders to keep one spouse from harassing or coming near the other.
- Restraining orders keeping a spouse from taking the children out of state.
- Restraining orders keeping a spouse from getting rid of property, taking out loans in both your names, or taking your name off insurance policies.
- Motion for Immediate Restraining Order and Hearing Notice: requests a hearing for a Temporary Family Law Order and the immediate entry of a restraining order.
- This type of order only lasts a few weeks.
- A judge might issue an immediate restraining order without any advance notice to the other parties, or after only very short notice. (A phone call giving the nonmoving party a few hours advance notice counts as “very short notice.”)
- A judge will usually only issue an Immediate Restraining Order and Hearing Notice in an emergency. For example, when there is risk of immediate harm to children.
- Domestic Violence Protection Order: may be filed by someone who is experiencing physical harm, bodily injury, assault, stalking, sexual assault OR who fears imminent physical harm or bodily injury by a family or household member.
- Temporary Order for Child Support: that helps determine your finances while the case is pending. If both parties agree about how your affairs should be managed during the divorce, then the temporary order hearing may be unnecessary.
- Orders for maintenance (alimony), attorney’s fees, or use of your house or car
- Temporary Parenting Plan Order: this order decides where the children will reside while the case is pending. If both parties agree about how your affairs should be managed during the divorce, then the temporary order hearing may be unnecessary.
- Guardian ad Litem (GAL): a GAL’s job is to represent or investigate your children’s interests in the court case. The judge appoints a GAL to represent your child’s best interests, and to advocate for those best interests to the court. Any party to the case may ask for appointment of a GAL, or the judge can decide on his her/own to appoint one. A GAL may be a lawyer, mental health professional, or volunteer. Whether the judge appoints a GAL or an evaluator will depend on:
- the parents’ financial resources
- your county’s lower-fee or free GAL/evaluation resources
- specific issues in your case
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Chad Foster is a trusted Washington lawyer serving Snohomish and King counties with an office in Bothell. Contact us today to discuss your legal issue.