Ex Parte Order
Ex parte orders can be an incredibly helpful asset in emergency situations here in Seattle, WA. “Ex parte” literally translates from Latin to mean “from one party.” In practice, this means that the courts grant an order from the motioning party without notification to parties who the motion may adversely affect.
While often necessary, the situation must meet specific requirements to qualify. You are not required to have an attorney when you pursue an ex parte order, but obtaining legal guidance from a Seattle family law attorney can help make sure you have what you need to protect yourself and your family.
Washington Ex Parte Orders Are Issued in Specific Contexts
Due to concerns regarding due process for the other party, these orders must be carefully considered and are only granted under specific circumstances. You may be unsure of whether your specific situation warrants this kind of order. The best way to be certain is to request one on your own or speak with an attorney who can help you file the motion.
Most often, these orders are born of emergent and dangerous situations because of credible or likely credible threats to your physical safety or the safety of a minor. You may request an emergency change of custody for a child or an immediate restraining order against an abuser. To avoid violating the other person’s rights to due process, these orders are often temporary, pending a proper hearing that allows them to engage in the legal process.
In some situations, like divorce, where the other party has been notified and has not responded, the order can be written by default due to that failure. In these circumstances, the other party should already know that the order will be written if they do not issue a response, but the issuance in the absence of their input qualifies the order as ex parte.
Domestic Violence is Often Cause for an Ex Parte Order
Domestic violence is an issue that afflicts too many Washington residents. The social definition of domestic violence or intimate partner violence can have a huge variation, but the courts in Washington state see it as a pattern of behavior that may include or indicate violence, such as:
- Pattern of name-calling and belittling
- Blaming or shaming the other person
- Emotional isolation
- Financial control
- Micromanaging or controlling aspects of daily life
- Hitting, shoving, or striking with an object
- Destruction of property
- Threats of physical harm to themselves or the other person
- Self harm
It is a well-documented phenomenon that survivors of domestic violence are often more at risk of severe harm or death during attempts to leave the relationship. If you are trying to divorce your partner, you may have determined that a temporary restraining order is necessary once you begin the process, as these behaviors increase or escalate.
Washington Ex Parte Orders and Child Custody
In most Washington child custody cases, both parents retain their rights and visitation during the divorce process, pending a more formal visitation agreement. However, when one parent poses an imminent threat to the well-being of their child, this process may be sped up via an ex parte order or emergency hearing. The indicators of this threat may be similar to those discussed above regarding domestic or intimate partner violence.
These cases are typically done through the superior court of Washington by filing a Motion for Immediate Order and Emergency Minor Guardianship and Restraining Order. If the court signs the order, you must serve the other parties within 48 hours, and a formal hearing should be scheduled within 14 days to determine the child’s long-term guardianship and safety needs.
The motion for emergency guardianship allows the filer to request other considerations or accommodations, such as a stay in Washington, do not disturb, or a complete stay-away order. You may also request an order for continued support, a visitation schedule, or to appoint a Guardian ad Litem.
Ex-Parte Orders Are Different from Restraining Orders
An ex parte order will often include a temporary restraining order due to the dire nature. However, these orders are temporary to ensure the immediate safety and well-being of an individual or family, pending the appropriate court proceedings and final resolution. In many cases, the official restraining order is granted at that official hearing after the initial emergency order is signed.
Additionally, ex parte orders typically offer more limited relief to provide immediate protection, while a restraining order may be able to offer broader and individualized protection.
The Benefits of Working with a Family Law Attorney for Your Ex Parte Order
You are not required to have an attorney to obtain an ex parte order, whether for an immediate restraining order or emergency guardianship of a minor. However, we cannot understate the benefits of working with an attorney who understands the process, the criteria, and the evidence you can use to support your case.
These situations are emergent, and getting it right the first time can be critical to your safety. Additionally, S.L. Pitts lawyers here in Seattle understand that ex parte orders involve a stressful situation. Allowing an attorney to handle the paperwork for you can leave you free to focus on other pieces of the process, like moving your belongings or supporting your children.
How to Get an Ex Parte Order in the Seattle Area
Because ex parte orders are meant to be addressed immediately, the process is relatively simple, even if particular. However, once you determine the appropriate procedure, you may be able to obtain your custody request or protection order within hours.
Determine the Type of Order You Need
You may want to request a few kinds of ex parte orders. These frequently include the above-mentioned temporary protection order for a domestic violence case, an emergency custody order when a child is in immediate danger.
However, other types of requests you may file can include a guardian ad litem appointment or a motion for default orders. You may also request that the individual be required to surrender weapons or firearms until a final determination.
Determine the Appropriate Location to File
Different types of cases are filed in different courts. For example, some are done through the Washington Superior Courts, while others may need to go through your local jurisdiction or the court with jurisdiction over the location of a particular incident. A family law attorney will know where to obtain and file the necessary paperwork for your ex parte order here in Seattle.
Complete the Necessary Forms
Everything in the court system requires some kind of paperwork and documentation. You can determine the appropriate forms by working with a lawyer or speaking with your local court clerk for guidance on the necessary forms.
Prepare Supporting Documents
All requests for ex parte motions will require you to submit supporting documents and evidence. The courts may have advocates who can help you fill out the paperwork and provide relevant evidence if you are not working with a lawyer.
File the Motion
You will typically file the motion at the courthouse, where you will pay any associated fees. You should make sure you are aware of any time constraints for filing that may affect whether the order is heard that day, after hours, or the following day. For example, the Pierce County Superior Court will only hear these matters Monday through Friday, 9 am-11 am and 1:30 pm-3:30 pm.
The Washington Ex Parte Hearing
The initial hearing is often very quick and may take place in person, through a video call, or even over the phone. However, the nature of ex parte orders is that they are temporary, so the judge will likely schedule a formal hearing at the time they issue the temporary order.
These temporary orders will hold until the date of the formal hearing. If you do not attend, you may risk losing the protection the order provides.
Continuance
A continued hearing is common in civil court and often frustrating and even scary for those waiting on a permanent protective order. However, according to RCW 7.105.200, any temporary orders should be extended until the next court date.
What Kind of Evidence Do I Need to Obtain an Ex Parte Order?
Ex parte orders are part of the civil court system. This means that you have a lower burden of proof compared to a criminal case. Typically, a civil case must provide a preponderance of evidence to meet the burden of proof, meaning you must show that your version of events is more likely than not to have happened. Common forms of evidence include:
- Photos
- Medical records
- School records
- Witness statements
- Photos
- Messages
- Social media posts
This is in no way an exhaustive list, but the above are often some of the easiest pieces to obtain quickly. Remember that these orders are like the quick and dirty version of a formal hearing and protective or custody order. Gather the information you can that supports your reason for pursuing the order, consult with an attorney as soon as possible, and prepare diligently for the official hearing.
How Can an Ex Parte Order Affect Your Divorce or Child Custody Case?
You may wonder how an ex parte order can affect your divorce case or even a child custody hearing. If you are the individual requesting the order, these orders can affect you in a couple of ways. First, if the judge grants your order, it acts as documented evidence of the abuse.
If you are pursuing a no-fault divorce, this may not have as much of an impact as it would if you were pursuing an at-fault divorce on the grounds of cruel treatment. However, it might affect spousal support orders if the court determines the abuse leaves you at an ongoing disadvantage.
As far as custody orders go, documented evidence of abuse may be evidence to instill doubt in the abuser’s ability to be a safe and capable parent to your children. This may result in a lack of parenting time, supervised visits, or no visitation time outside of your discretion.
When the Ex Parte Order is Against You
If your co-parent or soon-to-be ex-spouse has obtained an ex parte order against you, it may negatively impact your divorce and custody case. If the divorce is on the grounds of an irretrievably broken relationship, it will likely have minimal impact on the final divorce decree. However, it may have a substantial effect if your partner is pursuing an at-fault divorce.
Regardless of the situation, speaking with a family law attorney is likely your best bet to minimize the impact of these orders against you.
Emergent Safety Concerns
If you find yourself in a situation where your safety, or that of your children, is in immediate danger, please call 911. While a police officer cannot grant a temporary order, they can help you de-escalate the current situation and may be able to help you create a safety plan until you are able to engage the courts for help.
At S.L. Pitts, our team understands that these situations can be scary, and the desire to simply act can be overwhelming. However, taking action without court approval, especially with an open custody case, can cause more harm than benefit. It may cause you to face accusations of parental estrangement, lose custody of your children, or damage your reputation during the divorce.
If you are currently facing issues like domestic violence or child abuse, there are resources available through the Washington State Coalition Against Domestic Violence. We know the court system can sometimes act more slowly than you may feel safe with, but we will work with you and your family to connect you to resources and help you through this time.
Have Questions About Ex Parte Orders in Seattle? S.L. Pitts Can Help
Any kind of divorce, separation, or custody case is stressful, and we know that this is compounded when you face a threat to your safety. At SL Pitts, we are here to help you navigate the situation in a way that maintains your safety and the integrity of your court case.
Our team is accustomed to navigating complex family law cases in Washington, and we are dedicated to helping you do the same. Call us today to learn more about your options.