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LFLR 8. Motions for Ex Parte Restraining Orders
Local Family Law Rule
(a) Applicability. This rule applies to motions for temporary restraining orders (also known as Ex Parte Restraining Orders) entered on an emergency basis to prevent immediate injury, loss or damage. See also CR 65. This local rule does not apply to domestic violence protection orders entered under Chapter 7.105 RCW.
(b) Notice of Motion. The party asking for an Ex Parte Restraining Order (the moving party) shall give prior written or oral notice to the attorney for the opposing party or, if unrepresented, to the opposing party. The moving party or attorney shall certify to the court in writing the efforts which have been made to give notice to the opposing party. Such notice is required in all cases unless the moving party clearly shows by sworn declaration that immediate injury, loss or damage will result if notice is given.
(c) Where Presented. The moving party shall present the Motion for Ex Parte Restraining Order and Order to Show Cause in the Ex Parte Department.
(d) Return Hearing. The Order to Show Cause shall schedule a return hearing to review the Ex Parte Restraining Order on the Family Law Motions Calendar. All requirements of LFLR 6 shall apply.
(e) Duration and Extension of Ex Parte Restraining Order. The return hearing shall be held no more than fourteen (14) days from entry of the Ex Parte Restraining Order, unless the Court extends this deadline for good cause, such as to allow time to comply with the notice requirements of LFLR 6.
(f) Motion to Quash Ex Parte Restraining Orders Entered Without Notice. Unless otherwise directed by the court, a party seeking to quash an Ex Parte Restraining Order entered without notice shall present the motion to the Ex Parte Department, giving the notice required by CR 65(b).
[Adopted effective September 1, 2004.]
(b) Notice of Motion. The party asking for an Ex Parte Restraining Order (the moving party) shall give prior written or oral notice to the attorney for the opposing party or, if unrepresented, to the opposing party. The moving party or attorney shall certify to the court in writing the efforts which have been made to give notice to the opposing party. Such notice is required in all cases unless the moving party clearly shows by sworn declaration that immediate injury, loss or damage will result if notice is given.
(c) Where Presented. The moving party shall present the Motion for Ex Parte Restraining Order and Order to Show Cause in the Ex Parte Department.
(d) Return Hearing. The Order to Show Cause shall schedule a return hearing to review the Ex Parte Restraining Order on the Family Law Motions Calendar. All requirements of LFLR 6 shall apply.
(e) Duration and Extension of Ex Parte Restraining Order. The return hearing shall be held no more than fourteen (14) days from entry of the Ex Parte Restraining Order, unless the Court extends this deadline for good cause, such as to allow time to comply with the notice requirements of LFLR 6.
(f) Motion to Quash Ex Parte Restraining Orders Entered Without Notice. Unless otherwise directed by the court, a party seeking to quash an Ex Parte Restraining Order entered without notice shall present the motion to the Ex Parte Department, giving the notice required by CR 65(b).
[Adopted effective September 1, 2004.]