It may come out of the blue.Suddenly you are served with a Civil Restraining Order under the
dissolution of marriage in the State of Washington, or you are served with a
Domestic Violence Restraining Order.The
opposing party can get an “ex parte” order (without advance notice to you) that
is valid for up to two weeks until the hearing on the merits.
If the allegations against you are “hot” enough, the court
will “play it safe” and issue the order giving the other party the home and the
children until the hearing.
Obviously, these orders exist in the law to appropriately
keep the peace or to prevent domestic violence.However, an unethical attorney or pro se party will start a divorce with
“hot” false allegations so that they can grab the children and the home, and
put you off balance heading into the initial hearing in the case that sets
temporary orders between the beginning of the divorce and its termination by
trial or settlement.
When you need tireless, aggressive representation, rely on
the decades of experience of Spokane Attorney Craig Mason.Attorney Mason is an experienced and
successful Spokane area restraining order defense attorney.Should this devastating event of being handed
an ex parte restraining order happen to you, call Craig Mason to set up a
consultation right away at (509) 443-3681.
In a divorce, unfortunately, the parents can quarrel over
the children, and sometimes a party who was not involved with the children
during the marriage falsely claims to have been the “primary parent” as a
tactic in litigation.
The statutes look to who has performed “parenting
functions” during the marriage. To determine the “primary parent,” the court
will look to: (a) who maintained consistent, loving and stable relationships
with the children, focused on nurturing them; (b) who attended to the daily
needs of the children, from feeding and supervising the children, to taking
them to the doctor and daycare, to things like helping them brush their teeth
each night; (c) who showed concern for the proper education of the child; (d)
who helped the children learn to socially interact in age-appropriate ways; (e)
who showed consistent concern for the children’s welfare; and (f) who undertook
the labor to support the child.
Remember, the only facts before the court are the facts
you (and your attorney) bring to the court.You will want to gather sworn statements from witnesses who have seen
you perform these parenting functions.
If it is time for you to seek assistance in marshaling
these facts, contact Spokane Attorney, Craig A. Mason, at 509-443-3681, W. 1707
Broadway, Spokane, WA.