Court Hearings in Washington

Requesting temporary maintenance or child support

Under RCW 26.09.060(1), either party in a dissolution, legal separation, or invalidity proceeding may move for temporary maintenance. The same motion can request temporary support for children entitled to it. The motion must come with an affidavit. That affidavit sets forth the factual basis for the request and the specific amounts sought. This gives the court a documented record before it rules.

Temporary restraining orders and preliminary injunctions

Either party can ask the court for a restraining order. This can be part of a motion for temporary maintenance or support, or a separate motion with its own affidavit. It can restrain the other spouse from transferring or disposing of property outside the usual course of business. It can also stop molesting or disturbing the peace of the other party or a child.

The order can bar entering the other party's home, workplace, or school. It can also bar coming within a specified distance of a protected person or their vehicle, and it can restrain removing a child from the court's jurisdiction. A court can issue this without notice to the other party only in one case: it finds, based on the moving affidavit or other evidence, that irreparable injury could result from waiting for a response.

Domestic violence and antiharassment protection on a temporary basis

A party can also request a domestic violence protection order or antiharassment protection order on a temporary basis, as part of the same case. Ex parte orders issued this way are effective for a fixed period, not exceeding 14 days. A court can extend that to 24 days if necessary to ensure all temporary motions in the case can be heard together. The court must also address firearm surrender under RCW 9.41.800 when issuing these orders. That requires the respondent to surrender firearms, dangerous weapons, and any concealed pistol license.

Enforcement and how orders are transmitted

Restraining orders with certain protective provisions must prominently display a legend on the front page. It states that violation with actual notice is a criminal offense. The clerk of court must forward qualifying restraining orders and protection orders to the right law enforcement agency by the next judicial day. The agency then enters the order into the statewide criminal intelligence system, which makes it enforceable in any county. If an order is later modified or terminated, the clerk must notify law enforcement, and the system entry then gets updated.

How temporary orders end and what they don't decide

A temporary order, restraining order, or preliminary injunction under RCW 26.09.060 does not prejudice either party's or any child's rights. Those rights still get adjudicated at later hearings. The order can be revoked or modified. It terminates when the final decree is entered or the case is dismissed. There are limited exceptions for accrued support debt: delinquent support payments that built up under a temporary order remain collectible even after the final decree, unless the decree specifically says otherwise.