Emergency Orders in a Washington Family Law Case

Immediate restraining orders in your family case

Within a divorce, parentage, or modification case, a party can ask for an Immediate Restraining Order (Ex Parte), meaning without the other party present. The statewide motion forms are FL Divorce 221 (revised 06/2024), FL Parentage 321 (revised 06/2024), and FL Modify 621 (revised 06/2024), depending on the type of case.

• The standard. A temporary restraining order may be granted without notice only if specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury, loss, or damage will result before the other party can be heard (CR 65(b)). The divorce and parentage statutes likewise allow an order without notice only on a finding that irreparable injury could result if the order waited until the time for responding had passed (RCW 26.09.060(5), RCW 26.26A.470(8)).
• What it can cover. Restraints can include not molesting or disturbing the peace of the other party or a child, staying away from a home, workplace, school, or child’s day care or school, staying a specified distance away, and not removing a child from the court’s jurisdiction (RCW 26.09.060(2), RCW 26.26A.470(3)).
• How long it lasts. An order granted without notice expires by its terms within the time the court sets, not more than 14 days, unless extended for good cause or by consent, and the other party may move to dissolve or modify it on two days’ notice (CR 65(b)). The statewide motion asks the court to hold a hearing within 14 days on the temporary orders requested.
• Service. The motion form says the motion and the Immediate Restraining Order must be personally served on the other party by someone else.

Emergency changes to parenting time

• Temporary orders on a showing of necessity. A parent may move for an order to show cause, and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity (RCW 26.09.194(3)).
• Suspending supervised visits. Where supervised visitation has been ordered, a parent may seek an emergency ex parte order temporarily suspending residential time if the supervised parent repeatedly violates the order or guidelines, threatens the supervisor or child with physical harm, commits an act of domestic violence, or materially violates a treatment condition, or if the supervisor is unable, unwilling, or no longer willing to continue. The court must set a review hearing within 14 days (RCW 26.09.191(4)(d)(i)(C)). The statewide form is the Motion for Immediate Order Temporarily Suspending Supervised Residential Time (Ex Parte), FL All Family 168 (revised 07/2025).

Protection orders under chapter 7.105 RCW

A petition for a domestic violence protection order must allege domestic violence committed by an intimate partner or a family or household member, and a petitioner may also seek protection for family or household members who are minors (RCW 7.105.100(1)(a)). The chapter also provides sexual assault, stalking, antiharassment, and other kinds of protection orders. The petition is accompanied by a declaration signed under penalty of perjury stating the specific facts (RCW 7.105.105(3)), and the forms are on the Washington Courts protection order forms page.

• No fees for most petitions. Courts may not charge petitioners fees that are a condition of access to relief, and no fee for service of process may be charged; a filing fee may be charged only for some antiharassment petitions, and must be waived if the petitioner cannot pay (RCW 7.105.105(9)).
• Ex parte temporary orders. If the petition shows conduct that supports a protection order and the petitioner alleges that serious immediate harm or irreparable injury could result without an immediate order, the court may issue an ex parte temporary protection order pending a full hearing (RCW 7.105.305(1)). For a petition filed before close of business on a judicial day, the full hearing must be set no later than 14 days after filing (RCW 7.105.305(4)).
• Children. If the parties have children in common, the court can make residential provisions on the same basis as chapter 26.09, without requiring a parenting plan, and a protection order may suspend the respondent’s contact with the children under an existing parenting plan, subject to further orders in a family law case (RCW 7.105.310(1)(f)). A protection order restraining contact with the respondent’s own minor children is limited to a fixed period of no more than one year, a limit that does not apply to orders issued under chapters 26.09, 26.26A, or 26.26B (RCW 7.105.315(2)).
• Other cases do not delay it. Relief may not be denied or delayed because it is available in another action, such as a pending family law matter (RCW 7.105.105(6)).
• The hearing. The Rules of Evidence need not be applied, other than rules on privileges, the rape shield statute, and ER 412 and 413, and prehearing discovery is disfavored (RCW 7.105.200(7) and (8)).

Within a family law case, either party may also request a domestic violence or antiharassment protection order on a temporary basis, but residential provisions for the children are then handled under the family law chapter, and ex parte orders last no more than 14 days, or 24 days by court order (RCW 26.09.060(3), RCW 26.26A.470(4)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• CR 65, injunctions
• RCW 26.09.060, temporary orders and restraining orders
• RCW 26.26A.470, temporary orders in parentage cases
• RCW 26.09.194, temporary parenting plan
• RCW 26.09.191, suspension of supervised residential time
• RCW 7.105.100, types of protection order petitions
• RCW 7.105.105, provisions governing all petitions
• RCW 7.105.200, hearing procedure
• RCW 7.105.305, ex parte temporary protection orders
• RCW 7.105.310, relief in protection orders
• RCW 7.105.315, duration of full protection orders
• Motion for Immediate Restraining Order, FL Divorce 221
• Motion for Immediate Restraining Order, FL Parentage 321
• Motion for Immediate Restraining Order, FL Modify 621
• Washington Courts, protection order forms