Is it possible to amend an ex parte restraining order for a specific activity at the petitioner’s request and what is the process?

My wife has asked me about an activity I was scheduled to run for a group of children and if we could amend the ex parte restraining order she obtained to allow my child to participate. Is this possible and what would be the process in WA?

Asked on March 17, 2011 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is the restraining order against her only or for the kids too?  I ask this because the courts do not take kindly to those that want to "pick and choose" when people want protection and when they do not.  It is a very high threshold in order to obtain a restraining order and modification can only be by Court order.  It is my understanding that there are four different types of restraining orders issued in the state of Washington and I really think that your wife needs to seek help from an attorney if she wishes to modify.  Look, maybe she applied when things were bad and maybe now you are both in a place where you can work together and in the best interests of the children.  That is commendable.  But she needs to tread lightly.  Good luck to you all.


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