Types of Restraining Orders.

There are three types of restraining orders that can typically occur in a family law action:   Anti-harassment (RCW 10.14), Domestic Violence (RCW 26.50); or civil restraints issued under the dissolution (RCW 26.09).

If there is a danger or physical harm or other irreparable harm, then you or your attorney can get an order good for up to 2 weeks without notice to the other side (based upon the possibility that the opposing party will commit the irreparable harm before the order prohibiting it can be issued on normal hearing times).  These “no notice” restraining orders are called “ex parte” orders, because you get to go to the court without the normal two-week notice to the other party, and without the other side having a chance to tell their side of the story before the emergency order is issued by the court.

Unfortunately, because these orders can allow the person making the allegations an opportunity to grab the children and the home without notice, they can be abused.  In which case you need to quickly gather your facts and bring a “motion to quash” the restraints.

Craig Mason will aggressively fight for you to get your facts to the court, whether you have legitimate concerns, or you have been abusively restrained.  Call him today to arrange for a free consultation at his Spokane office at (509) 443-3681.

Child Support Modifications

Child support orders can be an afterthought after a dissolution in which the parenting plan was the focus of the litigation.  Sometimes they can be unfair, and a party will seek to modify the child support order as soon as the law allows.  Other times, there can be a substantial change in the financial condition of one parent or the other, perhaps even immediately after the decree was entered.

In Washington, either parent can petition to modify child support at any time (even immediately after final orders in the dissolution) if there has been a substantial change in circumstances.  Otherwise, after a year, there is no need to show a substantial change in circumstances if the order is working a “severe hardship” on either party or the child, or if the child has moved into a new age category (or if post-secondary support – college support – is now requested).  After two years, either parent may modify the child support order simply due to changes in the incomes of either parent, or if the economic tables used to calculate support have changed.  (This type of change in child support may only be sought every two years, at the soonest.)

To negotiate the complexities of pursuing, or defending, a child support modification, contact Craig Mason of Mason Law in Spokane, WA at 509-443-3681.