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This document is used to request a temporary restraining order and set hearing dates regarding custody issues, specifically for nonparental custody in Washington State.
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How to fill out MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)
01
Gather necessary information about the parties involved including names, addresses, and relationship to the child.
02
Provide a clear statement of the reasons for requesting the restraining order and nonparental custody.
03
Complete the motion and declaration forms with accurate and detailed information as required.
04
Include evidence or documentation that supports your request, such as police reports or witness statements.
05
Sign and date the completed forms in the appropriate sections.
06
Make copies of the completed forms for your records and for the other party, as required by local rules.
07
File the forms with the appropriate court either in person or via electronic filing, if available.
08
Pay any required filing fees or request a fee waiver if you cannot afford the fees.
09
Attend any scheduled court hearings to present your case and provide testimony if needed.
Who needs MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
01
Individuals seeking protection from harassment, stalking, or domestic violence from a nonparent.
02
Grandparents or other relatives wanting temporary custody of a child due to parental issues.
03
Anyone needing immediate legal relief to ensure the safety and well-being of a child.
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People Also Ask about
What are the consequences of a show cause notice?
A failure to respond to your notice to show cause can mean that a decision is made, despite your lack of response. It can result in further legal action, such as a termination of contract or imposition of penalties. Potential adverse consequences ultimately depend on the nature of the dispute.
What's the difference between an ex parte and a restraining order?
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days. At this hearing, the judge will read your petition and ask you why you want a temporary restraining order.
How serious is an order to show cause?
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief . For example, if a party requests a restraining order from a judge, the judge may need more information.
What happens after an Order to Show Cause?
On the next court date, there will be a hearing to determine if you have indeed violated a previous written order of the court. If you are unable to show the Court that you have not violated the Order, then you will most likely be held in Contempt of Court.
Is a show cause hearing good or bad?
A show-cause hearing is usually required in cases where an emergency or temporary order was put into place without a hearing. The purpose of the show-cause hearing is to allow each party to the case to present their evidence and either reaffirm or refute the accusations made in the emergency application.
How do you respond to an Order to Show Cause?
Your Response to the Order to Show Cause must show a good reason (“cause”) for not following the Court's rules, directions, or deadlines. You must also do anything else the Court tells you to do in the Order to Show Cause.
What does ex parte motion mean?
In civil procedure , ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order .
What is an ex parte declaration?
The term “ex parte” means "from one party” in Latin, which can describe any situation where a judge communicates with only one side (or one party's lawyer) in a legal matter. Ex parte hearings are only granted in extreme cases, as they contradict the fundamental right to due process guaranteed by the Constitution.
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What is MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
It is a legal document filed in court to request immediate protection or restraining orders against a nonparent from making decisions about or having contact with a child.
Who is required to file MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
Typically, individuals who have a significant emotional bond with the child, such as relatives or guardians, and who believe that the child is at risk of harm from a nonparent are required to file this motion.
How to fill out MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
To fill out this motion, one must provide details about the child, the parties involved, the nature of the alleged harm, and the specific restrictions being requested, along with supporting evidence.
What is the purpose of MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
The purpose is to ensure the immediate safety and wellbeing of a child while seeking a longer-term custody arrangement, particularly in urgent situations.
What information must be reported on MOTION/DECLARATION FOR EX PARTE RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY)?
The information required includes the identities of the child and the parties, details about the risk of harm, any prior incidents, and the specific outcomes being requested from the court.
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