Emergency Orders in Spokane

Emergency orders in Spokane County are, at least initially, not as difficult to acquire as most people would think. An emergency order must be sought in an already existing case, in other words, the order cannot stand on its own without an underlying matter already open with Spokane County.

Many parties move the court for restraints with allegations of domestic violence. If there is a domestic dispute, Spokane District Court will not have jurisdiction over the proceeding (District Court is a Court of Limited Jurisdiction) and therefore, the case may be transferred to Spokane County Superior Court. “Domestic” is defined as whether or not the parties have a child together or have a relationship that is more than simple friendship. An emergency order can also be sought in Spokane County Superior Court as part of a divorce. Often, the parties will file a divorce action and immediately file for an order of protection.

A party may file for an emergency order in Spokane District Court if there is no relationship among them, the parties do not cohabitate, and/or the parties do not have a special relationship to each other. They may file for a restraining order.

Types of Emergency Orders in Spokane County

A person being harassed in Spokane County may seek the following emergency orders:

Order of Protection – Domestic Violence
Restraining Order
Order of Protection – Anti-Harassment
No Contact Order

If you have a court order, it is crucial to remember the following:

Keep a certified copy of your order with you at all times.
The order is enforceable throughout the State of Washington.
If there is a violation of your court order, call 9-1-1 or your local police.

It is very important that you inform the police that a court order is in place and that it is being violated.

A civil emergency order in Spokane can be obtained under the following sections of the Revised Code of Washington (RCW):

Order of Protection RCW 26.50
Retraining Orders RCW 26.09, RCW 26.26
Anti-Harassment Oder RCW 10.14
Criminal Order RCW 10.99

The Standard you should apply to get Emergency Orders in Spokane County

Every restraining order (domestic, civil, or even criminal) requires the moving party to show an immediate concern regarding the safety of an individual. The key here is the word “immediate.” There cannot be a concern about someone who harmed you “a few weeks back.” Also, there must be a reasonable belief, with support, that the event will happen again. The court wants to ensure the restraints are in place for some relevant and important reason.

For more information about emergency orders in Spokane County, please call our office at (509) 927-3546

Overview of This Area of Law
What is a Marriage? (legally speaking)
Illegal Marriages in Washington (and Spokane)
Prenuptial Agreements in Washington
Divorce: Filing, Deadlines, and Other Issues
Divorce: Temporary Orders and Motions
Parenting Plans in Spokane County
Child support in Spokane County
Spousal Support
Division of Assets in a Divorce
Emergency Orders
Third Party Actions in Spokane County