Family Law: Temporary Order in Washington Divorce

In King County, the trial date for a dissolution is set for approximately eleven (11) months from the time of filing. While awaiting the trial, either party may move the Court for Temporary Orders, including temporary spousal maintenance, Temporary Parenting Plan, temporary child support, and restraining orders. The Orders can include restraints against disposing of any property except in the usual course of business or for the necessities of life; molesting or disturbing the peace of the other party or of any child; going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child; or removing a child from the jurisdiction of the Court. A temporary order, temporary restraining order, or preliminary injunction does not prejudice the rights of a party or any child at the time of trial; it may be revoked or modified; and it terminates when the final Decree is entered.

To obtain a Temporary Order in King County, a minimum of fourteen (14) days notice must be given the other party (unless an emergency exists). If you have been served with a Motion for Temporary Orders, your written response and other documentation you want the Court to consider must be submitted by noon, four (4) court days prior to the hearing. The party bringing the motion is entitled to file a brief reply, to be filed by noon, two (2) court days before the hearing. The hearing takes place with oral argument (but no oral testimony). All of the evidence is contained in the written declarations submitted to the court in advance. There are page limits to the length of these declarations.