File for and respond to temporary or immediate orders

This information is for family law cases. This includes divorces, legal separation, registered domestic partnerships, parentage, child support, and modifications of parenting plans and child support orders. 

What are temporary orders?

A judge can make temporary orders to put rules in place while a family law case is ongoing, before a final decision is made. These orders are meant to deal with immediate needs and provide stability during what can be a difficult time. Temporary orders usually last until the judge changes them or replaces them with final orders when the case is finished. 

“Judge” here refers to judges and court commissioners.

When can I ask for temporary orders?

You can file a motion for temporary orders any time after a family law case is started until it is finalized. If you’re the one starting the case, you can ask for temporary orders at the same time you file your petition. 

What issues can temporary orders cover? 

Temporary orders can cover any issues in your family law case. Common issues include finances, property, alimony (called maintenance in Washington law), safety , child support, parenting plans, and Guardians ad Litem. 

Here are some examples of situations where you should ask for temporary orders:

• You’re getting divorced. You and your spouse have only one car between the two of you. Your spouse can get to work on the bus, but you must drive. You need possession of the car until you can buy one of your own.
• In a parenting plan case, you need an order saying who the children will live with because you can’t agree about that.
• In a registered domestic partnership dissolution, you need temporary maintenance until you can get on your feet financially. 

This isn’t a complete list. 

How are immediate restraining orders different from other temporary orders? 

Immediate restraining orders are a type of temporary order, but you should file for them in urgent situations only. Immediate restraining orders take effect immediately and are meant to address an emergency right away, often before the other side is even notified. The procedure for getting them is different than the procedure for getting temporary orders, which takes longer.  

Here are some examples of situations where you could ask for immediate restraining orders:

• In any family law case involving children under age 18, the children’s other parent has made serious threats to abduct the children. The other parent could easily move and disappear. You can get an order stopping the other parent from leaving the area with the children.
• In a legal separation or divorce, you learn that your spouse is about to leave you and close out your joint bank accounts. You can get an immediate order keeping your spouse from doing anything with any of your joint property. 

This isn’t a complete list. 

Safety alert! If the other party has harmed or threatened to harm you or the children, or has harassed, or sexually assaulted you, you can file for a Protection Order for immediate protection. Protection orders offer strong safety restraints. This is still the fastest way to get protection even if you’re in a family law case. You may want to file your protection order within your existing family law case, or ask that it be assigned to the same judge. 

Firearms alert! If you’re worried about firearms, you can ask the judge to order the restrained person to surrender weapons. You can ask for this when you first file for a protection order, or restraining order, or later if your protection or restraining order doesn't include a weapons order. If law enforcement returns the restrained person’s weapons, they must notify you before they do so. Give law enforcement your contact information so they can do this. Email is best. 

How are final orders different from temporary orders?

Temporary orders address temporary situations during your case. Final orders, which the judge enters to end your court case, are meant to be permanent, or at least to cover a much longer period. Because of that, it’s easier to change temporary orders than it is to change final orders. 

Do I have to go to a hearing to get temporary orders? 

Yes, but the timing of the hearing depends on which type of temporary order you’re asking for. 

• Regular temporary orders: When you file your papers to get temporary orders, you must also schedule a hearing and give the other party a copy of your papers. This gives them notice and time to prepare for the hearing. At the hearing, the judge will decide whether to issue temporary orders.
• Immediate restraining orders: This is the reverse of temporary orders. First you get the immediate restraining order for a short period on an emergency basis, often before the other party gets notice. The immediate restraining order includes a notice of hearing, usually within 2 weeks. At the hearing, the judge will decide whether to keep the restraining order in place for longer. You must have the other party personally served with your motion papers and the immediate restraining order.