Temporary and Permanent Orders
Seattle Family Law Attorney Protecting Your Rights
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Restraining orders and domestic violence protection orders carry consequences for your divorce settlement or child custody proceedings. Representation by an experienced lawyer can help you protect your rights and put you in the best possible legal position going forward.
Our attorneys practice divorce and family law in King, Snohomish, and Pierce counties. If you are seeking or challenging a restraining or protection order, contact our Seattle, Washington, office immediately at 206.625.9800 for a free initial consultation. We represent men and women in both types of restraining orders.
Temporary Restraining Orders
Restraining orders typically arise in the context of a divorce or custody action. After filing a motion, the filing party appears in court before a commissioner. If the person can show cause, such as fear of physical harm, the commissioner grants the ex parte order, effective immediately.
The temporary order may address a number of scenarios, including some or all of the following:
- Ordering one party to leave the family home and have no contact with the spouse/partner or children
- Barring the other party from taking money from bank accounts
- Forbidding the other party to leave the state with the children
- Removing one party from health insurance or auto insurance
Temporary orders are weaker than DV protection orders in that they do not have the same criminal and personal consequences. However, they carry weight in the subsequent hearing for a permanent restraining order, and can come into play later divorce or custody proceedings.
Permanent Restraining Orders
If the commissioner determines that the facts warrant, a temporary restraining order can be made permanent. If you are the subject of the order, this is your chance to respond. Unlike the temporary order, which can be granted without your knowledge or presence in court (ex parte), a formal hearing is required to make such an order permanent.
Allegations of domestic violence — threats, intimidation, or actual domestic battery — may or may not be the basis for a permanent order. The order may simply continue the financial restraints, with parties still permitted to talk to each other. Or, the order may go beyond the temporary order with additional restrictions. The commissioner can decide that you have no visitation or contact with your children until the divorce or custody process is complete, which could be many months.
Protect Your Rights: Call 206.625.9800
Especially if domestic violence is alleged, it is critical to know your rights and vigorously challenge a permanent restraining order. Contact Engel Law Group for aggressive, knowledgeable representation. Our attorneys provide a free half-hour consultation to discuss your situation, likely outcomes, and legal options.
