Divorce in Washington State: How to Get an Immediate Restraining Order

Intimate relationships usually begin with romance and acts of kindness between the two partners. However, as a marriage or domestic partnership progresses, one spouse may start to limit their partner’s autonomy. For example, one spouse may try to guilt their partner into spending all of their time with their spouse, slowly alienating this person from their family members and friends. Over time, the controlling partner may also start to monitor their spouse’s whereabouts or assume total control over their partner’s finances. Verbal abuse, threats, or acts of emotional manipulation may become more common as the abusive partner erodes their spouse’s independence and self-worth. In some cases, the controlling partner may subject their spouse to physical violence, escalating the situation to the point of domestic abuse.

Unfortunately, many survivors of domestic violence still feel somewhat ashamed of their position—they fear that others will judge them for not leaving the unhealthy relationship the moment the abuse began. Seeking a divorce from an abusive partner requires courage and planning, especially if you are afraid of your spouse’s reaction to your decision to pursue a divorce. According to a recent study, “Hospital data show that the time of the greatest risk was from 6 to 12 months before divorce when divorce is usually filed for.” If you are ready to leave an abusive marriage, it’s essential to enlist the guidance of a trusted and caring Seattle divorce attorney who will help you navigate each step of the legal process as safely as possible. Depending on the specifics of your situation, your attorney may help you secure an immediate restraining order to keep you and your children safe as you leave a volatile and dangerous spouse. Let’s take a look at how immediate restraining orders work in Washington State and how petitioning the court for this legal protection can help you leave your marriage and move forward into a brighter and more stable future.

The Purpose of an Immediate Restraining Order in Washington

First, it’s important to understand the purpose of immediate restraining orders in Washington State. Essentially, Washington courts recognize that the divorce process does not conclude overnight. Instead, a divorce takes a few months (and, in some cases, even years) to finalize. Although this timeline may not matter to many divorcing couples, leaving a marriage that involves domestic violence can threaten the safety of the spouse seeking to escape an abusive partner. When a survivor of domestic violence files for divorce, they may petition the court to issue an immediate restraining order against the abusive spouse to keep the survivor (and any children, if applicable) safe from acts of violence or retaliation. The petitioner must present evidence that shows that they are at a significant risk of “irreparable harm” at the hands of their spouse if the immediate restraining order is not granted. Washington courts typically reserve immediate restraining orders for situations where one spouse is clearly in harm’s way. Once the court grants your request, the respondent (usually the abusive spouse) is legally prohibited from contacting you in any way. Most immediate restraining orders are reassessed after approximately two weeks, where they may be converted into temporary restraining orders.  

Seeking an Immediate Restraining Order in Washington State

There are many reasons why you may want to put an immediate restraining order in place when you file for divorce. The court will usually grant your petition if you can show that you are in immediate danger at the hands of a violent or abusive partner. According to the Northwest Justice Project, “The judge usually does not want to enter an order before the other party has a chance to tell their side of the story. You should use this Motion [for an immediate restraining order] only if there is an emergency or urgent reason you need an order before you can have a Temporary Orders hearing.” Petitioning the court for an immediate restraining order can be an overwhelming task, especially since you are likely worried about your safety during this chaotic time. Here are the basic steps you can take to obtain an immediate restraining order in the Seattle area to keep you safe as you move forward with your divorce.

Filing For Immediate Protection

If you are in imminent danger, locate and file the required paperwork to petition the court for an immediate restraining order. For extreme cases, you may request a same-day hearing to ensure that the order takes effect as soon as possible. However, you must provide evidence showing that you are in danger of imminent harm in order for the court to grant your request. Even if you are not in imminent danger, you can still schedule the immediate restraining order hearing at least two days after the other party is served. 

Choosing a Court Date

King County offers online tools that allow you to schedule your restraining order return hearing. Your attorney will help you identify the hearings you will need to schedule to ensure that your orders take effect and remain in place as you move forward with the divorce process. It can be tricky to work within the court’s busy schedule, so you can rely on your attorney to protect your best interests and identify the most effective path forward.

Seeking a More Permanent Order

Many people want to extend their legal protections to ensure their safety during this challenging and turbulent time. Since an immediate order is designed for urgent, emergency-based situations, you can explore other types of protections that can shield you from your abuser well beyond the immediate future. You can seek an order prohibiting the respondent from contacting you in any way, showing up at your place of work, or purchasing firearms. It’s best to discuss your specific needs with a seasoned and empathetic Seattle divorce lawyer to ensure that you obtain the most comprehensive and lasting legal protections you need to feel safe and secure. 

Understanding the Impact of Immediate Restraining Orders

The majority of people who seek an immediate restraining order do so for one of three reasons (or a combination of them). The most common reason to obtain an immediate restraining order is to prevent continued acts of abuse or domestic violence at the hands of a spouse or intimate partner. Those who are in immediate danger of imminent harm may petition the court for an immediate restraining order to ensure their physical safety. In other cases, someone may seek an immediate restraining order because their spouse was making credible threats of absconding with the couple’s children. An immediate restraining order would prevent the respondent from taking the kids or removing them from the area. The third reason to pursue an immediate restraining order is to prevent a spouse from performing financial actions that harm you, such as removing you from a health insurance plan or attempting to transfer a substantial amount of assets to a hidden account. It’s crucial to discuss your options with a trusted Seattle divorce lawyer to ensure that you can enjoy a bright and secure foundation as you move through the divorce process.

Long-Term Protection From an Abusive Partner

While tools like immediate restraining orders can keep you safe during an especially disruptive and vulnerable time, they can be extended into temporary restraining orders to provide you with ongoing legal protection during the divorce proceedings. Your attorney can help you explore every potential option so you can make informed decisions with greater certainty and confidence. For example, you may determine that a Domestic Violence Protection Order (DVPO) will be necessary to shield you from an abusive ex-partner who may attempt to contact or harass you long after the marriage ends. While most protective orders last for one year, your attorney can help you petition the court to have the order renewed if there are remaining concerns for your safety. 

High-Quality Legal Guidance When You Need It Most

The divorce process is rarely simple or straightforward. Even spouses who have made the mutual decision to dissolve the marriage on amicable terms can find themselves embroiled in contentious disagreements or costly legal battles. However, if you are trying to leave a marriage that involves domestic abuse or physical violence, this process can be especially intimidating and even scary. It’s essential to recognize that you do not have to move through this process alone. Even if your abuser has alienated you from your loved ones over the course of your relationship, you can always rely on a skilled and compassionate Seattle divorce attorney to guide and support you through every step of the divorce process. Your attorney will assess every detail of your situation and identify the best path forward to keep your future as bright and safe as possible. 

If you need help putting a protective order in place to keep you safe during your divorce, the dedicated and caring legal team at the Hemmat Law Group is here to assist you. Give us a call today at (206) 682-5200 to discuss your options with a trusted and compassionate Seattle divorce attorney.