Occasionally, a divorce will start with a restraining order. There are three types of restraining orders that may be deployed: A simple civil restraining order, an anti-harassment order, or a domestic violence restraining order.
Often, these orders issue without notice (ex parte) and they must set a hearing within 14 days for the allegations to be heard with a response from the restrained party. The ex parte orders are usually in immediate effect upon this “one-sided” issuance. Because of their “ex parte” origin, you have a right to “quash” (have the court withdraw) the restraints on two-days notice if you can prepare your defense that quickly.
If you are in danger, come to Mason Law to file a domestic violence restraining order; likewise if you are being harassed. If you fear the destruction of property or the loss of your normal visitation with the children, then a civil restraint might be appropriate.
If you have been the victim of a “tactical” restraining order, filed to get an initial advantage in the dissolution, also contact Spokane Family Attorney Craig Mason immediately, to prepare your response, and, if the evidence can be gathered quickly enough, to move to quash the unjust order. Call him today at (509) 443-3681.